Strange letter came in the mail today.

[DUMBAGAIN]

We got a letter today an "advertisement" from a local law firm. The letter says that we are being sued by HSBC, however we have not received any summons thus far. This law firm states they found this information in the public records for our county. We are filling BK I hope around August 14th. Should I be worried? Is there anything else I should be doing at this point?

[AngelinaCatHub]

You should not be worried about scumbags that advertise. Go to either the Internet if you can get your Public Records in your County online, or go to the office and look up whatever. Most times they are helpful if you do not know how to look your records up.

I doubt this is serious, but only an uncool way of getting business. 'Hub

[liz417]

If you are really being sued, then there's nothing that can be done (I've never heard of law firms soliciting for clients from public records). If you are planning on filing Aug. 14, you'll be fine time wise. I think you have like 20-30 days to respond to the summons. Have you retained an attorney yet?

[DUMBAGAIN]

Thanks HUB, I found our county web-site and they have a "court" search, I put both my name and my husbands and it comes back no case found......

[DUMBAGAIN]

Yes we have an attry, and have paid half so far of what we have to pay before filing.

[justplaintired]

Hey we got something similiar regarding HSBC. Within a short period of time we were served. I am guessing you will be too. I did not check the court records at the time it didn't cross my mind, however I don't remember the time frame, but we were served. If you have a lawyer and are filing be sure to send the papers to the lawyer to have it included in your bk. Our lawyer said it would take a little while, first comes the judgement against you, which we had, we didn't go to the court hearing. We were able to file before the garnishment. So look at the paper you got our was a small post card with a case number on it. Call your attorney and let them know, my guess is soon you will have a knock and you will be served. In our case they left them at the door and then mailed a copy.

Don't panic, it will be included in your bk.

Good luck!

[BKorbust]

I got a similar letter regarding my Citi accounts. I called the court and sure enough a local collection law firm had filed suit. I was served 2 weeks later.

[klandsb]

being sued also

I received a paper from the Sheriff that pulled up in front of my house last week... I thought she must be at the wrong house... NOPE....It was for a Lowes Credit Card that Mann Bracken collection agency bought I guess..I have an appointment with an attorney next Tues...He said dont ever, ever ignore one of these because then you are automatically guilty as charged. Make sure your attorney is aware of it as soon as u would get something..On speaking over the phone with he attorney he is going to file something that states I dont think I owe the money they are stating and I need to see all the statements. Hopefully, that will buy me some time to decide 100% on the very frightening step of bankruptcy. I always thought other people did that ..NOT ME

[dirtpoor]

That was how the process started for us. I got a letter in the mail that we were being sued from a law firm that wanted to help us. We thought it was a scam and lo and behold 2 -3 weeks later the process server showed up at the door with a summons to appear in court. If you are filing but haven't done it by the time the court date comes up, go and ask the judge for a 60 day continuance because you are filing BK. He will most likely grant you the time. If you don't show up, collection agency gets an automatic judgement against you and they can then file a wage garnishment.

[Billssuck]

That was how the process started for us. I got a letter in the mail that we were being sued from a law firm that wanted to help us. We thought it was a scam and lo and behold 2 -3 weeks later the process server showed up at the door with a summons to appear in court. If you are filing but haven't done it by the time the court date comes up, go and ask the judge for a 60 day continuance because you are filing BK. He will most likely grant you the time. If you don't show up, collection agency gets an automatic judgement against you and they can then file a wage garnishment.

Never had this happen to me but I asked my attorney about how long it takes to do a wage garnishment and what you wrote is pretty much what he told me. Nice to see that my attorney is on top of things even though we didn't have this happen to us...

[DUMBAGAIN]

WOW, thanks everyone, this was great information. I had asked my attorney, during our first visit, what should I do if I get sued before we file, and he said, he could answer the compliant at our 341 (I think) of course as long as we filed soon after being served, anyway we are going to "move it" fast to ensure we get this taken care of ASAP. To be honest, I'm surprised we haven't been sued before now, we are about 1 year to 1 1/2 year behind on everything......I'm ready to move on now, and get this mess behind me.

[justplaintired]

WOW, thanks everyone, this was great information. I had asked my attorney, during our first visit, what should I do if I get sued before we file, and he said, he could answer the compliant at our 341 (I think) of course as long as we filed soon after being served, anyway we are going to "move it" fast to ensure we get this taken care of ASAP. To be honest, I'm surprised we haven't been sued before now, we are about 1 year to 1 1/2 year behind on everything......I'm ready to move on now, and get this mess behind me.

That is about our time frame. We hadn't paid cc for 1 1/2 yrs and finally we were sued. That was what it took to get us to finally file. The attorney had been paid for that long too, so all we had to do was call and tell them, it's time. It didn't take long and even though they got a judgement against us, we filed before they could garnish. It is included in our BK now so there is nothing more they can do. I knew we couldn't go on forever carrying that burden, so I am glad HSBC pushed us into going ahead. Now we are that much closer to having all this behind us.