I am stressed and freaking out and am turning to you guys...

[cspa522]

I'm not a constant poster but I do read through almost all of the posts on here, and have come to value the information you give more than I can say.

We are being sued by Gamache & Myers for a BoA credit card. I have yet to be served, but it's coming any day. The case has been filed with the courts, and is on the court website. My court date is November 5th.

We are unable to file, more than likely, before November 24th. I thought we would file around the 11th, but money-wise I just don't think we can do it unless we discover a windfall of cash between now and then. Even budgeting bare bones, which we're pretty much down to already, it's just not going to happen. The sad part it...it's really a difference of about $400 that's keeping us from filing. Just need that $400 to keep us floating between paying the attorney and getting paid on the 24th. And no, I don't believe I have anyone I could borrow from.

So I'll go to court on the 5th, and then hopefully we'll file on the 24th when my husband gets paid again and we can afford the attorney.

ANYWAY - I am just finding myself totally out of control with stress and anxiety today. I just want to cry and scream. I'm scared to death over being sued and going to court. I'm scared that if I ask for an extension, it will be denied, and even if I'm granted an extension that it won't be long enough for us to file by the 24th. I don't even know how long extensions usually are. 15 days? 30 days?

I just want it all over and done with. I hate that we have to wait to file until we have all the attorney's fees because they can't be included in our C13 payment plan.

I'm just venting at this point. It helps to get it all out. Please talk to me. Any advice or comfort you can give me - or just hard honest truth even if I won't like it - is appreciated. I feel really lost and out of control of my own life!! Stupid money!!

[october99]

I don't know that I have any great advice, but I wanted to offer you support. I am waiting through torturous months to save for the attorney and let some of DH's income drop off. The worry can be so awful at times I feel like I'm suffocating! ((Hugs)) I just keep coming here and reading other people's stories and it seems to help to know I am not alone.

A couple things, have you retained the attorney and/or paid them anything yet? If so can't they help advise you on how to stall or deal with the suit? I'm sure someone will come along with better input and advice on that as well.

[Freddy03]

First relax I know easier said than done but I have been thru 3 cc suits and it's not that bad....LOL

Have you retained your lawyer yet? If not try to do so before 11/5. Research how to answer the summons for your state online. Answer your summons, go to court, tell the judge you have already retained a lawyer and filing BK within 2 weeks. More than likely the judge will put the case on hold (suggestion of BK) and you will be ok.

Good Luck!

[Freddy03]

I just want it all over and done with. I hate that we have to wait to file until we have all the attorney's fees because they can't be included in our C13 payment plan.

Why can't the attorney fees be put into your Ch 13 payment. From what I have read here you only have to pay the retaining fee up front then the rest goes into your 13 plan.

[cspa522]

Thanks for the responses. I hope that I am right in posting this here. I figure part of what this forum is for is support and advice, but perhaps I'm wrong. I hope not.

According to our attorney, her fees must be paid up front before we file. I don't know if it's her rule or the district's rule, or what, but they can't be included in the plan.

We have our attorney on retainer. I paid her a fee a few months ago to review our case and see what we qualified for. We are filing Chapter 13. I had hoped to do so on November 11th, but with money being tight we'll probably have to wait until the 24th when my husband gets paid again.

The attorney advised me not to mention the BK when I go to court for the cc suit, but to ask the judge for an extension based on needing more time to find an attorney and know my rights about the cc suit. In order for her to actually represent me in this matter, we'd have to pay her an additional $350 because it's considered separate from the BK filing. This will just put us that much further back from when we can file the BK.

Does anyone know how likely it is to be granted an extension, and if I'm granted on, how long it will be? I was thinking 30 days is standard?

Thanks again...

[ccsjoe]

cspa, I think you'll be ok. On top of what your attorney said, do research how to answer the summons for your state. For example, if you dispute the amount of the debt they claim, that might give you an extra 28 or 30 days. Also, yes, you can ask the judge for a continuance due to your inability to find counsel and understand your rights.

[Freddy03]

My attorney told me the opposite. He said to tell the judge at my next court date (next week) that I have retained a lawyer and I'm filing soon.

I'm not sure why your attorney fees aren't included in your 13 payments. Maybe someone else could answer that or ask your attorney.