Court case

[almost]

I have an attonerys office suing me in small claims court. They said that they are reprenting my creditor. But I find that hard to believe. How many attonerys are LLC and have a collections agents/paralegals.

Well, the original company is dell. You know they really suck, I started of at CCCS in a debt management program with a high payment that I could not keep up with. But Dell would not participate I even attempted to offer a pay-off to the atternory as a last ditch effort. I offered 75% of the debt, they said no they would get alot more after the judgement.

Does anyone known how the automatic stay works, I'm pro se. I asked the BK court clerk, she said it was automatic, (go figure).

[JRScott]

Was Dell listed on the filing?

Yes the automatic stay goes into effect immediately. However it sometimes takes a week for the creditors to get the notices.

If you haven't filed, in your bk filing there is a place to list court cases. You'd list this there.

[keepmine]

How many attonerys are LLC and have a collections agents/paralegals.

One heck of a lot! That's a very lucatrive area to pratice.

If you've filed, respond to the lawsuit by sending the lawyer your filing number and ask that he dismiss the case. Respond to the summons the same way. Include the filing number and the date and ask the court to stay all proceedings while the bk is active.

[epiphany]

I have a law firm threatening to sue me right now. They appear to do nothing but collections for some big name creditors...I have researched them and believe me, they are for real.

ep

[JRScott]

I have a law firm threatening to sue me right now. They appear to do nothing but collections for some big name creditors...I have researched them and believe me, they are for real.

ep

They filed a motion here against me . In fact that's the reason I filed BK last year. I filed within the 30 day response time . I've heard no more. I listed the court case in the bk filing.

[almost]

What is the 30 day responce? I included the debt in the BK but I did not know that you could include the Court case.
I have a court date in 25 days from now.

[FreshLikeADaisy]

Almost, if your court date is in reference to one of the debts that you are trying to discharge in a Ch7, go ahead and send a Motion to Dismiss to the court as Keepmine suggested. You may even get a dismissal prior to your court date.

30 days is the initial amount of time given to respond to a lawsuit in general. If you already have a court date, don't worry about the 30 days. Just send your Motion to Dismiss.

Don't worry about having included the court case in your filing; just make absolutely sure that this creditor is listed in the schedules AND in the matrix. If so, you're golden. Good luck!!!