Discover Card sued, don't have BK lawyer yet!

[OutofLuck]

Hi,

I just found this website tonight, and I'm SO grateful.

Discover just served my mother and I yesterday, by certified mail. We're joint on the account even though we shouldn't be (long story).

The original credit limit was 2,700 but they say we owe 3,500. We hadn't used the card for a couple months before our finances took a huge nose dive and we had to stop paying entirely, that was back in mid-late 08.

But my problem is, I've been trying to scrap together and save whatever I can (since 08) to afford a BK lawyer (they're not the only card she or I have defaulted on) - I'm about 1 paycheck away from being able to do that, but now they've gone and sued me before I'm ready.

I'll be calling around tomorrow to find a BK lawyer and will be asking them a ton of questions, but what I'm wondering is, will the judgment still go through?

Or once I lay down a retainer and the lawyer takes over to start all of the paperwork/procedures.. does that in any way "freeze" the suits 28 day to answer count down timer..?

I'm in Ohio.

I just worry about getting a judgment against me, I'm an independent contractor so have no employee-legal rights, and they've fired other workers who were being garnished because they didn't want to deal with it.

If I lose my job (as horrible as the pay is), I'm COMPLETELY sunk - I don't know if my sanity could handle that right now because finding jobs of any kind in this area that pay more than I'm making now is just impossible.

Sincerely,
OutofLuck

[jlmaca]

Hi,

I just found this website tonight, and I'm SO grateful.

Discover just served my mother and I yesterday, by certified mail. We're joint on the account even though we shouldn't be (long story).

The original credit limit was 2,700 but they say we owe 3,500. We hadn't used the card for a couple months before our finances took a huge nose dive and we had to stop paying entirely, that was back in mid-late 08.

But my problem is, I've been trying to scrap together and save whatever I can (since 08) to afford a BK lawyer (they're not the only card she or I have defaulted on) - I'm about 1 paycheck away from being able to do that, but now they've gone and sued me before I'm ready.

I'll be calling around tomorrow to find a BK lawyer and will be asking them a ton of questions, but what I'm wondering is, will the judgment still go through?

Or once I lay down a retainer and the lawyer takes over to start all of the paperwork/procedures.. does that in any way "freeze" the suits 28 day to answer count down timer..?

I'm in Ohio.

I just worry about getting a judgment against me, I'm an independent contractor so have no employee-legal rights, and they've fired other workers who were being garnished because they didn't want to deal with it.

If I lose my job (as horrible as the pay is), I'm COMPLETELY sunk - I don't know if my sanity could handle that right now because finding jobs of any kind in this area that pay more than I'm making now is just impossible.

Sincerely,
OutofLuck

The first thing you need to do in "Answer" the summons. If you don't answer it you will get a default judgement against you. If you can't get your attorney in time (you should have 20 or 30 days to answer) answer yourself, there are examples for doing this pro se on the net. By filing an answer you should delay things long enough to get your bankruptcy filed. I really don't think they will stop the law suit with an official bankruptcy case number. After your attorney files for you, you will receive an automatic stay preventing further action, retaining the lawyer does not stop anything. The time line is tricky here as it takes time to get a case filed.

[flyinbroke]

In a chapter 13, paying the retainer will suffice for starting a BK. If you are a lucky 7, you have to pay in full before an attorney can file because you can dismiss his or her bill as well.

Answer the summons. You don't want them to win by default.

[OutofLuck]

We both should be Chapter 7 from everything I've read, fingers crossed.

I just called my banks automated system, and my latest paycheck got deposited - so I can pay a lawyer in full now.

I just didn't know how long this all takes.

If a find a good lawyer, hypothetically, today and pay him - and get all of the paperwork filled out and back to him by say, tomorrow.. I didn't know if I'd have a good chance of "making it in time" to stay the suit.

I worry about answering/showing up in court because they could ask me who I work for/where I work - and I'd prefer them not to know, not until I do have a lawyer and things underway in case anyone decides to call my work.

I'm just so scared of getting fired.

[jlmaca]

We both should be Chapter 7 from everything I've read, fingers crossed.

I just called my banks automated system, and my latest paycheck got deposited - so I can pay a lawyer in full now.

I just didn't know how long this all takes.

If a find a good lawyer, hypothetically, today and pay him - and get all of the paperwork filled out and back to him by say, tomorrow.. I didn't know if I'd have a good chance of "making it in time" to stay the suit.

I worry about answering/showing up in court because they could ask me who I work for/where I work - and I'd prefer them not to know, not until I do have a lawyer and things underway in case anyone decides to call my work.

I'm just so scared of getting fired.

You don't have to show up at court to file an answer, you can do by mail. After you retain your attorney call the lawyer suing you and give them your attorney's name # etc. and state that you are filing BK. Many times they won't pursue further because it's a waste of their time and money but no guarrantees.

[DebtHater]

If a find a good lawyer, hypothetically, today and pay him - and get all of the paperwork filled out and back to him by say, tomorrow.. I didn't know if I'd have a good chance of "making it in time" to stay the suit.

Don't get your hopes up and think you'll be filed tomorrow. It's going to take some time for the lawyer to fill out your petition and make sure all the i's are dotted and t's are crossed. The only advantage you may have is since you have a judgment on your plate it may speed things up.

[optimistic1]

Hire the attorney, and they will request an extension to file an answer, in the meantime, pay them in full and file before the judgement is filed, and even if it does get filed, you still have more time.