HOLY COW - Help

[SwimminUpStream]

We retained an attorney, paid him in full. Trying to work out all the details still in order to file, Chapt 13. Not real happy with the firm, as they seem not to care too much about you, just pushing thru all the paperwork and see ya.

Anyway, in June I was served a lawsuit from HSBC CC. Called the lawyer, they said fax it over, we will take care of it.

Just got my mail, and in it is a judgement against me for this.

What in the world do I do now!!!!!!!!!!!!!!?????

[gingerbug]

From what I understand, even if they have a judgment, you are still under the protection of the automatic stay and they cant do anything about it. I think the attorney just adds the judgment to the list of creditors.

[SwimminUpStream]

Why would he "add the judgement"? They already had the cc bill to begin with and it was in the total that I owed.

I do not want to wake up one morning and find my bank account has been frozen!

[SwimminUpStream]

My lawyer told me that I could not be sued when I was in the process of filing for BK, so why then did this go to court and they get a judgement?

[PoorGrammyinBK7]

My lawyer told me that I could not be sued when I was in the process of filing for BK, so why then did this go to court and they get a judgement?

Hi! Not sure on this one but I believe that you can be sued -- up until you actually file BK. I am not a lawyer tho. Maybe someone with more legal expertise can chime in...

However, the judgement can be listed in the BK so it should go away, unless there was something fraudulent on your part.

[justbroke]

My lawyer told me that I could not be sued when I was in the process of filing for BK, so why then did this go to court and they get a judgement?

You are not protected by the BK laws, until you actual file and get a case number. Otherwise, people would just always tell creditors that "I am filing" and avoid all sorts of nastiness.

Having wrote that, some companies may back off from pursuing a judgment if they contacted your lawyer and it really is imminent (saves them money). However, most will hedge their bet that you're just bluffing..

[SwimminUpStream]

My attorney said they would send letter or do whatever was required so this did not go to court, due to the fact we were waiting on him to get the paperwork all in line. Heck I did pay him in Feb this year!!!

[justbroke]

My attorney said they would send letter or do whatever was required so this did not go to court, due to the fact we were waiting on him to get the paperwork all in line. Heck I did pay him in Feb this year!!!

Wow. nothing you can do to Vacate the judgment, as it's probably a default judgment and your lawyer did nothing. (Unless there's a noticing or other procedural issue.)

However, if you paid the lawyer in full in February, and weren't waiting for specific transactions to "age", then I'd be LIVID!

[SwimminUpStream]

No, just waiting for him to finish out all the forms. We had some expenses he did not include etc etc. What I am afraid of his bank account being frozen!!!

Do I just wake up one morning and that has happened? Should I pull any extra funds out pronto??

Sigh, so much for hiring a lawyer and paying them.

[HHM]

My lawyer told me that I could not be sued when I was in the process of filing for BK, so why then did this go to court and they get a judgement?

No offense, that is probably what you "heard", but no lawyer would say that.

The only thing that can stop a lawsuit is the filing of the BK itself. But in the big picture, this situation is not a big deal. The judgement will be taken care of in the BK.

[SwimminUpStream]

That is what the paralegal told me...I have it in writing from her in a fax.

But, neither here nor there in the big picture I guess..

My ONLY concern is between the lawyer getting off his butt and actually filing and will this CC now that they have a judgement just come into my bank without me knowing and freeze my account? That is my concern!

[MJJ3767]

I would pull out the majority of your money from your account, just in case. I have been in your shoes and once they get a judgement, they can get your bank account. I would do that first and worry about the other details later.

[liz417]

That is what the paralegal told me...I have it in writing from her in a fax.

But, neither here nor there in the big picture I guess..

My ONLY concern is between the lawyer getting off his butt and actually filing and will this CC now that they have a judgement just come into my bank without me knowing and freeze my account? That is my concern!

Have you asked your attorney what the hold up is??? Sheesh, you paid him in Feb! Have him file ASAP! Remember, he works for you!

[epiphany]

Hey Swim.

I was in the same boat as you pretty much. Sued by HSBC. Lawyer said not to sweat it. HSBC got a judgment. Lawyer said OOPS. But really, I should have been more on top of it than I was.

Anyway, the judgment was stayed as soon as I filed and I intend to have it vacated if possible soon after I am discharged, which should be any day now.

Assuming you are filing soon, you need to make certain that your lawyer calls the attorney for HSBC the moment you are filed and gives them the case number. HSBC tried to withdraw my suit after they were given this information but duh, there was already a judgment so of course they were unable to do so.

Don't sweat this if you are close to filing but do stay on top of it and make sure that everyone follows through. I don't know where you live but I was able to follow the suit on my superior court's website and even knew about it before I was notified due to a company who was trying to solicit a debt negotiation by mail.

In any case, it will pass. Breathe. And good luck.

ep

[Mary Irene]

Same thing happened to me. As a matter of fact, that's why I filed the bankruptcy. I got a judgement. So it took like a month to file the bankruptcy, and after it was done, the collector's who got the judgement dropped it. They never garnished my wages or anything. When your bankruptcy gets filed and you get the stay, they can't touch your assets. Your laywer sounds worse than mine was. Be as big a pest as you can so he gets you done and out of his hair.