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    Lawsuit Question

    I have moved from the county where the credit cards are filing lawsuits on me. Can I file an answer with my local county courthouse or do I have to go to the county where the lawsuit was filed to file an answer?

    I'm starting to get really frightened by all of this. I haven't actually been served yet but I got a "form" solicitation letter from a local lawyer that wants to represent me in the matter stating that a lawsuit was filed against me and that I have 20 days to respond from the date that I am served. How do I know when my 20 days start ticking if they don't ever serve me? Is there somewhere I should call to find out, like the courthouse?

    I'm feeling really sick this morning and I'm having a hard time concentrating at all at work. I can't file till October and I'm going to retain my lawyer this week (as soon as I can get a money order to her - her office is an hour away from me so driving the money to her just isn't an option with work and family obligations right now).

    I'm panicking here guys. I'm really panicking right now.
    11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

    #2
    First of all, don't panic. I did exactly what you did last year and all it did was stress me out completely for several months.

    Everything will improve with time, just need to have patience, which I know is not always easy.

    Anyway, why do you need to wait until October? If you do, then retain that lawyer as soon as you can, tell them everything about your situation and then you can begin referring any creditor inquiries to your lawyer.

    Don't worry - "bankruptcy" is not even close to as bad as it originally sounded. Believe me, there are many of us out here who know first hand.
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

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      #3
      To answer question 1

      You can ONLY answer the lawsuit in the county where it was filed (if you want to get fancy, you can ask for a change of venue, which may or may not get granted). But, you would have to ask the judge in the county where the case is currently pending.

      Stop panicking, and go talk to the lawyer. Tell the lawyer about the lawsuits?

      As far as service of the papers, ultimately they don't have to serve you personally. If they cannot find you, they can do what is called, service by publication, which means they will publish the notice of the lawsuit in some obscure newspaper for a few weeks. The nice thing is, if the creditor has to go that route to server, it will by you some time.

      October is not that far away, its just over a month. There is not much the creditor can do if they got a judgment against that cannot be undone. And if they get a judgment, it will still take them time to garnish or levy Bank accounts...but you will be represented by an attorney at this point.

      I think you are going to fine.

      Comment


        #4
        you'll be ok.....I went by the date of my letter and it said 20 days to respond....get your atty retained this week and he will know how to handle it....the bk will say bye bye to the lawsuit and your troubles will be over concerning this issue....god bless you and good luck
        case filed : 6 -5-2007 :blush2:
        DISCHARGED ...9-26-2007..:yahoo::yahoo:
        case closed : 11-13-2007 :yahoo::yahoo:

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