Prior to us filing bankruptcy, my wife and I were served a citation by the civil courts here in Houston. We were being sued by a lawyer here in Houston on behalf of Target stores. We tried working out payment plans with their atty, to which they wouldn't agree to. Well, we tried borrowing money to pay this off, and no one could loan us the $$. We resorted to filing bankruptcy.
Now, we had to "answer" the citation with the civil court as to what we were going to do. We answered that we were working with the atty that was sueing us to work out a payment plan.............which we were. This answer was done pre-filing of bk. The courts sent us a letter stating that a non-jury trial was set for 12/12/05.
After we filed bk, we received from this atty "orders to pay". I promptly notified this atty that we filed bk, case # blah, blah, blah.
341 meeting yesterday (11/21). Today, I receive by certifed mail, a package from this atty representing Target, a copy of a motion to continue trial. They state that we were 1. in violation of some rule that we filed answer with the court, but did not send copy of said answer to them. And 2. that said answer was filed in bad faith, and was used as a stall tactic to delay this court case. 3. Even if court dismisses case, that we should be liable for additional fees of $250 for more paperwork, etc. that was produced since they did not received the answer we filed with the court.
1. The citation we were served with made no mention of having to answer to this atty as well as the court. It only stated that we had to answer the court.
2. The answer we filed was not in bad faith, as that was truth at the time we filed said answer. Nor was it a stall tactic.
3. They can take that $250 addtional fee and stick it where the sun doesn't shine. We didn't know what we HAD to copy them on the answer, and have all copies of paperwork involving this case and out bk. Write it off.
I think I'm getting an ulcer now...............................I'm in contact with our atty to see what needs to be done. To me, it seems they are in violation of the stay. And since the court date for this case is on 12/12, and our last date for objections is 1/20/06, I don't see how they can continue that case. I get the image that they are mad because we filed bk, and they are trying anything to get their case pushed through and get $$$.
Now, we had to "answer" the citation with the civil court as to what we were going to do. We answered that we were working with the atty that was sueing us to work out a payment plan.............which we were. This answer was done pre-filing of bk. The courts sent us a letter stating that a non-jury trial was set for 12/12/05.
After we filed bk, we received from this atty "orders to pay". I promptly notified this atty that we filed bk, case # blah, blah, blah.
341 meeting yesterday (11/21). Today, I receive by certifed mail, a package from this atty representing Target, a copy of a motion to continue trial. They state that we were 1. in violation of some rule that we filed answer with the court, but did not send copy of said answer to them. And 2. that said answer was filed in bad faith, and was used as a stall tactic to delay this court case. 3. Even if court dismisses case, that we should be liable for additional fees of $250 for more paperwork, etc. that was produced since they did not received the answer we filed with the court.
1. The citation we were served with made no mention of having to answer to this atty as well as the court. It only stated that we had to answer the court.
2. The answer we filed was not in bad faith, as that was truth at the time we filed said answer. Nor was it a stall tactic.
3. They can take that $250 addtional fee and stick it where the sun doesn't shine. We didn't know what we HAD to copy them on the answer, and have all copies of paperwork involving this case and out bk. Write it off.
I think I'm getting an ulcer now...............................I'm in contact with our atty to see what needs to be done. To me, it seems they are in violation of the stay. And since the court date for this case is on 12/12, and our last date for objections is 1/20/06, I don't see how they can continue that case. I get the image that they are mad because we filed bk, and they are trying anything to get their case pushed through and get $$$.
So I guess once the county clerk receives that "suggestion of bankrupty" notice, I will have to follow up with them to see where all that stands. My wife is telling me she has this sick feeling we'll end up having to pay Target off because we goofed and didn't know we goofed. But not if I can help it. 
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