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Received letter that Gamache & Myers filed suit...but nothing since then??

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    #1

    Received letter that Gamache & Myers filed suit...but nothing since then??

    About 2 weeks ago I received a letter from Gamache & Myers that they were filing suit against me for the $15,000 I owe them from a Bank of America cc. The case showed up on Casenet 2 days later, with a court date of 11/5. I have heard nothing since then, and have not been served. How long does it take to be served? What happens if I don't get served before 11/5?

    Of course, now that I am asking this, I'll get served today. Just wait and see!

    We are filing BK (CH13) on 11/24, so I'm not entirely worried about it. I'm going to appear in court and request a continuance so I can retain a lawyer, etc., then we'll be filing before the new court date. Assuming I get the continuance, at any rate.
    Filed: 11/10; 341: 1/11; Confirmed: 2/11
    49 payments down, 11 to go...
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    #2
    You should tell your bankruptcy attorney about this. S/he can send an suggestion in bankruptcy to the law firm so that the suit becomes a non-issue.

    Comment

      #3
      Many courts allow up to 40 days to be served before first hearing date. Its often just a matter of luck as to when they serve you, or don;t.

      If you should not be served by the hearing date, I'd suggest you first verify through the court clerks office that an Affidavit of Service was NOT filed (meaning they are claiming to have served you when in fact they did not)....if no Affidavit of Service was filed, the its up to you. If you don't care if you're served at the courthouse, go and appear. (since you are planning to file BK anyways) as they may do that anyway when you are there.

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        #4
        You may have to do more than just show up in court. You may have to file a written answer to the complaint before 11/5.
        The world's simplest C & D Letter:
        "I demand that you cease and desist from any communication with me."
        Notice that I never actually mention or acknowledge the debt in my letter.

        Comment

          #5
          Originally posted by GoingDown View Post
          You may have to do more than just show up in court. You may have to file a written answer to the complaint before 11/5.
          How would I know to do this? I have received nothing other than a simple letter stating they intended to sue me. The only reason I even know they're going forward with it is because I continuously check the court website to see if our names are on there.
          Filed: 11/10; 341: 1/11; Confirmed: 2/11
          49 payments down, 11 to go...

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