Ok so I'm trying to not freak out. The security guard at my condo just told me someone was at my place trying to serve me. I looked on the clerk of court website, and two lawsuits have been filed against me by my credit cards. I filed Chapter 13 on June 7. What now? I wrote an email to my attorney but obviously I'm panicky. Since I already filed bankruptcy, they can't pursue the lawsuit right? Would there be a way to stop them from serving me? I really just don't want them to try to serve me at my job, although I work someplace different than I did when I incurred the debt. Help! I live in South Florida, if that is needed.
-
-
Once the creditor is aware of your bankruptcy, everything about the lawsuit should stop. Get the name of the creditor's attorney from the court website and fax and/or email them a copy of your bankruptcy notice. This should stop their attempts to serve you. If not, you'll have a claim for a willful violation of the automatic stay. Keep a copy of your email and/or fax confirmation.
You can also let your attorney take care of it.
Also, make sure the creditor is on your list of creditors and has been served with notice of your petition.Last edited by LadyInTheRed; 06-22-2013, 12:13 PM.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent! -
They are definitely listed - thanks Lady!Comment
-
Ok phew! Got served with a suit for one on a Saturday, on Monday my attorney contacted both opposing counsels about the suits. The suit I was served with has already been dismissed. Thanks Ladyinred!
Comment
-
Be sure and keep copies of everything, just in case they resurface down the road.Comment
Comment