Warrant in Debt after notifying of BK???

[julsmom]

Posted on other board, but this might be of more interest here....
Ok so I had to let the credit union know we were filing because they were calling my mother...so I let them know & told them to contact attorney & gave them the info. Now get home yesterday to warrant in debt papers with court date, WTH! Are they trying to rush in & sue me before we file? I have already sent notice to attorney, but what do we do? The warrants are for the cc debt but my concern is DH's car is financed with them, only missed the 1 payt but 2nd payt coming due & we were told not to pay since it would be going in with BK & that would be paid that way.

I think it needs to be filed NOW>..we did get appraisal yesterday which came in for less than we owe on the 1st YAAY! So we can strip the 2nd if all goes well.

BUT...DH was offered a new job, which he would be a consultant & make considerably more (which don't get me wrong, of course is a good thing)...but if I now have to WAIT again until he starts, gets new paystubs, etc that puts us off at least another month & I just don't think we can wait that long. I have asked attorney if we are better to get filed now & then have to adjust payment when it comes to that. Waiting to hear back, very anxious & hoping for answers soon. DH is about to have a stroke, he doesn't understand any of this...it has been all up to me, the research, the appts, being here...he sees a warrant & is going off on me that it is a warrant to come ARREST us...why is this taking so long? This is a huge mistake...bla bla bla....I am ready to just run away...ughghhh! So stressful, and they wonder y I have ulcers? Really....

[GoingDown]

Warrant in debt is what certain states call a lawsuit for credit card debt.

When CrapOne sued me, in the wrong state by the way, they sent me a warrant in debt by certified mail from the state of Virginia. I live in Arizona. It's just what they call it back east. In Arizona it would have been called a Summons and Complaint.

It does not mean that they are going to arrest you over civil debt. See the sticky above... Get a judgment... Go to Jail... for more info.

CrapOne sued me years ago, but I'm still a free man, never been to jail, and I do not fear going to jail over a civil matter, and by the way, I have not yet paid a single penny of their warrant in debt judgment.

[BrokeIn2010]

Warrant in debt is what certain states call a lawsuit for credit card debt.

When CrapOne sued me, in the wrong state by the way, they sent me a warrant in debt by certified mail from the state of Virginia. I live in Arizona. It's just what they call it back east. In Arizona it would have been called a Summons and Complaint.

It does not mean that they are going to arrest you over civil debt. See the sticky above... Get a judgment... Go to Jail... for more info.

CrapOne sued me years ago, but I'm still a free man, never been to jail, and I do not fear going to jail over a civil matter, and by the way, I have not yet paid a single penny of their warrant in debt judgment.

Seriously what is it with Cap 1 and going across state lines? When they sued mom it started in AK, went to WV, to GA, then finally TN (wrong county, then right county-- where she was finally served )

[GoingDown]

I think it's on purpose so the debtor can't appear in court and present a defense. They sent me a letter saying I had 10 days to request a change in venue since they were not suing me where I lived. I made the mistake of not sending a request for change of venue by certified mail, and they claimed they never received it. So far they have made no attempt to domesticate it in Arizona. When and if they do, I will fight it in court at that point based upon Arizona's statute of limitations and wrong venue. My guess is that I will never hear from them again. They haven't called me or written to me in a long time.