Got served yesterday need help.

[debt]

I just got serve yesterday from one of my creditcard and I have to answer the answer form and I dont even know how to fill out the answer the form. I have 30 days to answer the form.
I am planning to file for bankruptcy chapter 13, but I am waiting for HR200 to be approved so I can keep my house. If not I will file chapter 7
I dont want to file yet I would rather save my house but at the same time I would not want them to garnish any wages from me. Should I call the lawyer who's trying to sue me and tell him that I am planning to file by next month,I am hoping the Hr 200 will be approve by next month. I just dont want them to garnish any wages from me.
How do I fill out the forms and letting them know I am planning for bankruptcy. I have seen 3 lawyers already and I was ok with chapter 7 but when I found out the new law thats pending about chapter 13 i would like to wait and do that.
Can somebody advise me if I should file now and just forget waiting for HR 200, so this lawyer whos trying to sue me cannot garnish any wages from me. or maybe should I call the lawyer whos trying to sue me and just let them know that Im filing for bankruptcy so they'll stop proceeding with the case since there's no hearing yet.

Any advise anyone?? Please help

[optimistic1]

Which creditor was it? And how long since you made your last payment to them?

[helpsoneeded]

What new laws are pending with a chapter 13?

[optimistic1]

What new laws are pending with a chapter 13?

Potential cram downs of bad mortgages.

[catleg]

There is talk that this will be retroactive so you'll probably be ok whatever happens. Maybe prepare to stall them a little just in case.

[debt]

It was from Sears card, but Sears is I guess Citibank. I only owe $2300 and went up to $3100 because of the fees and late charges. The last time I paid was last yr 5/1/08.

I was talking about the HR 200 that is pending on legislation so I dont really know when its going to be approved. Thats why I dont know if I should wait or just file. I dont even know if I should response to this answer form I got.

If you type HR 200 bankruptcy on google, you'll be able to see the status on it. It is a potential cram down on mortgages.

[optimistic1]

Did you ever answer the phone when they called you trying to collect the debt? What did you tell them?

[MJJ3767]

I just got serve yesterday from one of my creditcard and I have to answer the answer form and I dont even know how to fill out the answer the form. I have 30 days to answer the form.

Was this from the courts or a letter from an attorney? There is a big difference. If it was from the courts, you would have a court date set. Once it gets to that stage is when you run the potential of a judgement and wage garnishment. If it's a letter from the attorney, you can figure you have at least 50 days to file. That is assuming the attorney files papers in court on the 31st day plus add a day or 2 to be served. Then your court date 20 days later.

[debt]

This is from the court the lawyer filled out an Complaint Contract Form PLD-C-001 against me, The lawyer filed on 1/26/09. On this it states that I must file a response and serve them then the court will give me a hearing date after I file the papers. The lawyer never called me they just sent me a letter that they have my case on December of 2008 and now I got served. There was no calls from them.

[eddiep]

If you are definately going to file, I would sign with a lawyer now. A lawyer will be able to advise you on the best time for you to file. My attorney is watching the HR200 and we are expecting a summons any day. He told me not to worry, the courts in my area are so back logged it will take 4 to 6 months for a creditor to get a court date and we would be ready to file long before that.

I did hear today that Obama is going to release the details of his foreclosure prevention plan this Wednesday in Pheonix.

[debt]

Thanks Eddiep, where is your location. I am in SF, CA Contra Costa County maybe we have the same location and I am hoping they are backlog too. cross my fingers. I will be watching out for the foreclosure prevention. I am hoping it can help us a lot

[eddiep]

debt

I could not be further away, I am in southern NH, wishing I was in sunny CA! Sorry no luck there. I know how you feel though, it stinks feeling rushed by the threat of a summons/judgment. But my lawyer has my information, I keep updating him and hopefully we will be prepared to move quickly if a summons comes. Hopefully Bank of America will just modify my mortgage before I file! That way we could do chapter 7 bk instead of chapter 13. I guess getting banks to do modifications outside of bankruptcy is also part of Obama's forclosure plan.

[screwedupbyRE]

debt,

one of my friend used Eric's services in San Ramon. here's his web site. http://www.intelligentlegalsolutions.com/

good luck.