Civil Lawsuit Notice from AMEX - Please Help!

[knguye11]

Hi,

I have received a lawsuit notice from AMEX, and there is a court date assigned. I haven't filed yet my BK yet. My question is should I file before the court date? Please help. Don't think I can sleep tonight.

[SuzieBK]

No advice, but can I ask how late you were? We're about to come late on our Amex and I'm worried about how quickly they'll pull out the big guns. Thanks & good luck!

[knguye11]

I don't think you should worry about the lawsuit just yet. I have been stopped paying them about 6months before I received the lawsuit notice from AMEX.

[JRScott]

Have you retained a bankruptcy lawyer yet?

In essence you can file before the court date, you'd just list the case number in the bk petition. You would still most likely need to appear at court take your case number, filing date, district filed with you. Once you introduce that as evidence the proceeding will most likely be dismissed.

If you fail to appear they'll get what's called a default judgment. Then depending on your state laws the next step would be to garnish wages and/or bank accounts and/or liens against property. If you file after the default judgment (or judgment if court finds against you) then you'd have to still list it in the bk filing, then after discharge take copy of the discharge letter to the court and have the judgment vacated.

[dingdong]

I always feel it is best to thwart any legal action before it comes to a judgement.

If you are ready to file BK, the numbers are in your favor for filing, meaning you don't have any income or large purchases that need time to "drop off" and you have your money ready for a lawyer, then you avoid the headache
( or your lawyer avoids) of dealing with a judgement.

I know in my state, you file a"notice of Bk stay" with the court and that stops any legal proceeding from goinf forward.

I simply went to the courthouse, gave them the case # of the pending lawsuit and the notice of stay with my BK case # and that was it.

Some states call it a "suggestion of bankruptcy" I believe.

If the creditor is properly notified of your BK, then the laswsuit is stayed by the BK filing.

IF you get a judgement, you never know if that puppy is going t show up on your CR or not, then you have to deal with getting it off.

Much easier to me to kill it before it gets to that point, but that is only my layman's opinion.

[dingdong]

Sorry dupe post

[knguye11]

I have not retained a bankruptcy lawyer yet. I'm planning to file on the beginning of April, but my date for 1st CMC(Case Management Conference), is on March 24. I don't know if the CMC date is the offical court date.

Thanks for your info. I guess I now have to start retained my lawyer now.

Have you retained a bankruptcy lawyer yet?

In essence you can file before the court date, you'd just list the case number in the bk petition. You would still most likely need to appear at court take your case number, filing date, district filed with you. Once you introduce that as evidence the proceeding will most likely be dismissed.

If you fail to appear they'll get what's called a default judgment. Then depending on your state laws the next step would be to garnish wages and/or bank accounts and/or liens against property. If you file after the default judgment (or judgment if court finds against you) then you'd have to still list it in the bk filing, then after discharge take copy of the discharge letter to the court and have the judgment vacated.

[rockyroad]

Exactly 6 months after my last payment, AMEX filed suit. Well, they have unsucessfully tried to serve me, but have yet to do it.
I did see it listed on my county website. So 6 months seems to be how long AMEX will draw it out, however, I know people who have never been sued by them.
I think there are alot of factors that determine their course of action, such as if you are current on other bills including home and cars. If they can see you are spiraling out of control, maybe they don't waste their time. With me, I'm still current and paying everyone but them! That didn't seem to set well with them, but I will just have their judgement vacated once I file later in the year.
Still waiting for some things to fall off...

[MiSSMaGoo]

I went through similar experiences with being served papers for court and lawsuits but you should be able to go to your local court house and file an answer. I did that with one of mine. I was scheduled for a court date (on a credit card) for December 18th and it was very simple to file that answer. I simply put, "I disagree with the amount owed". Then they almost have to give an extension (I think) on your court date. Mine was extened until February 5th. Well I ended up filing on the 5th as well and my attorney said it was fine not to show up since I had filed.