being sued need advice

[eddiep]

My mods have been approved but have not recieved all the official documents yet. Lawyer will not allow me to file until this is completed because of automatic stay. Can nof file in May unless mod comes through. doubtful as it is not even assigned to anybody as of today.

I was served and CU is seeking a lien on my property. Hearing (I think) is june 2nd.

I can not file in june because I will be over median.

I can file in July because 401k loan will fall off.

should I delay the judgement by filing an answer in court? How long will this delay the case?

or should I let them put the lien and have lawyer strip it later? How much does this cost?

[MiSSMaGoo]

I filed an answer to a suit. It bought me 6 weeks. I dont know about the second part to your questions but thought I let you know my experience with filing an answer.

[JRScott]

You could try to respond and buy some time.

As for how much it would cost to have your lawyer strip the lien afterwards you'd have to ask him.

[music12]

best to file an answer and so buy some time. object to the lien because removing it later will cost you with your bk lawyer. you may not be successful, but try anyway - it may buy you just enough time. make sure all forms are ready to go so you can file on july 1.

oh, i see it's june 2 today. so what happened?

[eddiep]

we requested a hearing and asked that they give an accounting of the amount owed. Honestly we owed a little over 9K and they are sueing for 19K!

I just had a little heart attack when I read your post. We did not go today, I think the clerk said a new date would be set. Hopefully we weren't supposed to go today!?

[music12]

sorry! i didn't mean to cause a heart attack! i'm so sorry!

it sounds like you managed to buy time: if they are setting a new date it's most likely things have been delayed. they'll probably mail you something about the new date. you could, if you want, call and ask the clerk what, if anything, happened other than just setting a new date, what the new date is for, and when the new date is. then you'll know more. personally, i tend to be very afraid to ask what's going on, but i am much more on edge if i am in the dark...

maybe you'll find that they couldn't even prove the 9k. if that's the situation, you just might win the whole case (burden of proof is on them, not you!) and never owe them a penny.

good luck and sorry for the heart attack again!