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Delaying a Creditors Lawsuit

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  • indianhead
    started a topic Delaying a Creditors Lawsuit

    Delaying a Creditors Lawsuit

    If you get a notice of a creditor suing you and you are not quite ready to file for bankruptcy, are there any acceptable reasons that you might use to request a delay before appearing in court?

  • AngelinaCat
    replied
    Here is what we did: We responded to the suier--there were two--asking for forgiveness of the interest part of the payments, and pay the principle only. No dice. They wanted everything at once.

    So when the summons to court arrived, we duly appeared in court. NEVER, EVER, IGNORE A SUMMONS, YOU WILL GET THE JUDGEMENT!!

    When we went to court, it was a telephonic hearing with the creditors. We neither admitted or denied the debt. The judge set up a Mediation Date. Mediation only happens once a month in our county. So the date was set. The only problem was that we were going to be out of town that day, and we said so. The plans could not be changed. So, the date was changed to the following month. By that time, we had our ducks in a row, and filed BK before the deadline. So we used the system as well to our advantage. Those lawsuits 'magically' went away.

    My Best to you~~

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  • carmella13
    replied
    When we were sued. When the court sent the letter we had 30 days to respond so we responded by day 29 or 30, that bought some time. At the first pretrial the lawyer from the creditor talked to us wanting to see if we would settle, etc. We said we were weighing out options and deciding what to do and then another pretrial was set around 30 days in the future. I had at least 2 pretrials with 2-3 creditors. Also when you get paperwork to fill out before the pretrial ask you attorney how to fill it out. We were able to answer the questions with simple mostly 1 word or very short sentences.

    We didn't ask for a delay we just bought ourselves more time through the regular channels of the system. This is how our attorney told us to handle it, I suggest if you are working with a bankruptcy attorney ask for advice. We did not bring up bankruptcy when talking to the creditor's attorney or the judge/magistrate unless we were directly asked and in the first pretrial no one seemed to directly ask.

    We had two pretrials in two different courts/cities and the one city we didn't even see a judge there was a lady who worked for the judge and the attorney from the creditor and in all the of pretrials the judges let us talk to the attorney while NOT in his presence to talk about the situations. I think the creditors attorneys were trying to offer options to get some payment rather than no payment. They were all very nice and friendly which was something I was not expecting. Now there's no way I would know if it will be the same for you, but this was our experience.

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