ERRRGG!! Husband served with summons to appear today!

[lolly78]

The summons says DH needs to appear on 3/24 and our 341 is 3/30. Will he have to appear? This debt along with the case number is included on our petition and I know this attorney received notice of our filing this week! This is all so frustrating!!

[daxtell]

it may have crossed in the mail with the petition. i had one like that... i just copied the petition and mailed it to them the creditor and also mailed a copy with the summons to the courthouse. about a week later it was dismissed/closed.

[FXClarence]

We also had a similar situation from Amex with a summons. Our attorney mailed them a second copy of the petition and within a couple of weeks we received notice of being dismissed.

[lrprn]

Be sure to let your attorney know right away you've received the summons. Either your lawyer (or you with your lawyer's blessing) need to notify the creditor that you've filed bk, provide your bk case number and any court case identifiers showing on the summons, and that continuing with their suit in court is a direct violation of your automatic stay.

Getting this information from your lawyer on their office letterhead stating he/she will pursue a violation of your stay with the bk court is a very powerful thing They will disappear after that unless they are complete idiots.

[lolly78]

Thanks everyone! My attorney actually responded to my e-mail (on a Sunday) and asked me to scan and e-mail him a copy and told me DH would not have to appear!

[kornellred]

There is no point in appearing in a civil court when you are being sued by a creditor for a debt you owe. You cannot talk your way out of the debt, and a default judgment is no different than the judgment the creditors will obtain if you stand in the court and admit your indebtedness.
If you are summoned to court in a criminal matter and you do not appear, a warrant for your arrest might be posted.

[dyarlett]

There is no point in appearing in a civil court when you are being sued by a creditor for a debt you owe. You cannot talk your way out of the debt, and a default judgment is no different than the judgment the creditors will obtain if you stand in the court and admit your indebtedness.
If you are summoned to court in a criminal matter and you do not appear, a warrant for your arrest might be posted.

Agreed kornellred - My attorney told me there is no such thing as a "debtors prison". I have many summons and my attorney asked me, do you owe the money? can you pay it? No point in going. It'll all be taken care of in the bankruptcy.

[IamOld]

I would say true UNLESS!!! you need time before you file. If you appear, in my state, you can insist on a trial date a month or two into the future - IF you need the time, GO!!!

[lillymarlene]

I would say true UNLESS!!! you need time before you file. If you appear, in my state, you can insist on a trial date a month or two into the future - IF you need the time, GO!!!

I sure agree with that! In my state anyway, I've heard that it's harder and more costly to get a judgement vacated, than to try and stop it before it happens. My bankruptcy attorney had me deliver a letter of "Suggestion of Bankruptcy" to the local small claims court before my trial. This stopped this particular creditor, who was trying to get a lien against my property, in their tracks.

Shortly after that I filed.