Help!!!

[howdidithappen]

Hope there is someone that can help me right away! I'm completing the paperwork for a summons - last day to file TODAY- (I know should have taken care of this before, I'm an *&^&#) I received from Chase. I need help in my "affirmative defense". As I posted earlier I saw a lawyer on Tuesday, who told me to deny everything - okay but do I have an Affirmative defense??? THANKS!!!!!

[Minnymouth]

If you are going to file bankruptcy on this debt, you can file a "intention of bankrtupcy" with the court - I think....

But whatever you do - appear in Court - otherwise you may get a judgement against you that will have to be cleared up later....

If you have hired an attorney, he can file this paper for you....... but you can appear in Court since he is not handling this legal case for you.

[howdidithappen]

Thanks but the paperwork for teh summons needs to be filed BY today - the lawyer I saw acted like it was something simple to file (I doubt that). I am denying the charges but don't know what affirmative defense I have...

[Minnymouth]

Okay, did you create the account, use it?
Are the charges yours?
Were charges put on the account by a authorized user?

What is your defense on why the charges are not yours??

You've kind of hurt yourself here by waiting till the last minute to file anything..... thats why the attorney just kind of blew you off - he really didn't want to hurry and be bothered with it....

Call the clerk of courts and see what kind of form you need to file to deny the charges.

Get the lead out - get in gear, you must have it filed today...... otherwise you will be fighting in court trying to explain yourself.... when its not necessary....

[howdidithappen]

I have the forms - I'm trying to complete them - the attorney was not very nice. He knew the deadline when I made the appointment - he told me not to worry - he also made the appointment close to the due date - said he would help me when I came in - to wait to do anything - like I wouold ever hire him at this point! It there ANY defense? Remember this lawyer told me to deny everything! I do appreciate your help!

[tofargone]

You can file and deny everything and it will string it out a month or so.

The big question is when are you going to file your BK. If you need to wait 6 months by all means string it out. If you are going to file next week I don't know if it matters.

Good luck whatever you choose.

[keepmine]

An affirmative defense would be, the SOL has run. Go ahead and make that claim.
As another poster asked, what's the timeline for your bk filing.