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Help!!Served Summons

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    Help!!Served Summons

    OMG just when i thought we were having a good day, 341 went well, we were having dinner and a knock at our door brought a summons, yes , a summons, omg. The one thing i don't understand is ok we have already filed, and the date on the summons is November 25th, can they get a judgement on us since it is dated then even though we didn't get the summons until jan 12? We are a wreck!

    #2
    If you have an attorney, get that summons to him/her first thing in the morning.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      So this is bad for us then? or are they violating the stay?

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        #4
        If you listed the creditor in your petition then, yes, it's a violation.

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          #5
          Originally posted by keepmine View Post
          If you listed the creditor in your petition then, yes, it's a violation.
          And they can be in a large heap of legal doo-doo.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

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            #6
            thanks for replies, yes we filed on dec. 10 and summons is dated nov. 25, so lawyer will receive it first thing in the morning

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              #7
              Originally posted by jandrl2001 View Post
              thanks for replies, yes we filed on dec. 10 and summons is dated nov. 25, so lawyer will receive it first thing in the morning
              HMM either its was dated back in Nov because the courts are so backed-up.
              Or could they put that date seeing it was before you filed. Just never trust CA's.
              FILED CH7: 03/20/09
              341: May 11th, 2009
              DISCHARGED: July 13th, 2009

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                #8
                YOU have, either 20 or 30 days AFTER you recieve that document. If it went to Court you would be listed as not served, or not properly served. You have nothing to worry about. If you did not include them, it is not to late to do so. 'Hub
                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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                  #9
                  Originally posted by jandrl2001 View Post
                  thanks for replies, yes we filed on dec. 10 and summons is dated nov. 25, so lawyer will receive it first thing in the morning
                  was it for a CC ?? which bank ?? If so, when did you stop paying ??
                  Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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                    #10
                    it was for Bank of Arkansas, for a car loan, stopped paying in aug. 08. And we surrendered the vehicle Dec. 14th, doesn't make sense to us but the smug girl who served it needed to be slapped, she just had such a better than you attitude.

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                      #11
                      Originally posted by jandrl2001 View Post
                      it was for Bank of Arkansas, for a car loan, stopped paying in aug. 08. And we surrendered the vehicle Dec. 14th, doesn't make sense to us but the smug girl who served it needed to be slapped, she just had such a better than you attitude.
                      You must understand, these 'goons' go after many sort. Some not so nice, (as I tore their a$$ up) and so they get an attitude. Best to be served by a bailif rather than a private server. Let that go as someone has to take the garbage out and therefore you just met a low life. Still if the document is late, you have 20 or 30 days to respond. 'Hub
                      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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                        #12
                        Am i correct to assume it won't affect us, since we are in bankruptcy? We are taking paper to lawyers in the morning. Do you mean i have 20 or 30 days to respond from today?

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