served a civil suit today

[francoboy]

I have been dragging my feet on filing. The calls don't bother me too much, I have been ignoring them, and I am trying to get the money together.
Unfortunately, last week I returned the call to our local credit union. We stopped using them for our checking and savings but continue to have a cc there. When i returned the call I told them our situation. I also told them we were going to file bankruptcy but had not done so yet.
So today, someone came to the house and delivered papers. What really bothers me is the papers were not in an envelope and were given to my father, as my husband and I were at work. Is that even legal?
So I will now be filing shortly. The court date is 10/21. I am not nervous as we have nothing they can take. My dad owns the house and our cars are not finance by them. But I want to file before the court date.
Any words of wisdom?

Is it legal for them to leave the papers with my 83 year old dad? He knew nothng about any of this.

[justbroke]

Unfortunately, that's the sad part about "threatening" that you are going to file bankruptcy. I know you didn't threaten them with it, but they take it as a compelling argument to move quickly, secure a judgment, and then file the judgment to make it a judgment lien (which is a secure judgment). I don't know your details and how "collection" proof you are at the time, but the bank is doing everything that "they" should be doing given the facts and your intention to file bankruptcy.

For service of papers (service of process), they can leave lawsuit papers with any person who is over the age of 18 years and is a resident of that property address. It's that simple. There is no privacy or right to privacy in a lawsuit since it's a public action.

I wish you the best. I don't know when you are planning to file, but if you file before the court date, that will preempt the hearing and that lawsuit should be dismissed. If it' snot automatically dismissed by the credit union, your attorney may need to send them a letter and/or file a "suggestion of bankruptcy" with your local court. (The form may have a different name and there may be different procedures in your State.)

[francoboy]

Thank you. We will definitley be filing before the court date.
This has taught me a lesson. I was going to call each cc company and explain what's going on. That is surely not going to happen now!

[kmattin]

In my opinion, there is no need to call CC companies, they will find out anyway. the less you talk creditors before BK the better. Never, I repeat never, tell a creditor you are going to file BK. They will call your bluff.