Just been served

[Dayhob]

We were hoping to wait to file Chapter 7 for a couple of months, my husband went down to 2 or 3 weeks a month in April, so we wanted to get the income down for the means test. I did the means test and it looks like we still qualify with the higher income, but we wanted to be safe.

I was served yesterday in lawsuit by Chase. I have 20 days to respond. Does this mean that I have to file now to get this stopped? I have been to one consultation and am going Thursday to another one. I have heard great things about this lawyer and will probably go with her. Normally if you give a lawyer a retainer can they do something to get the lawsuit delayed? Or do I need to file now. We are keeping the house and two vehicles, they have all been running about 30 days late but now that I am not paying credit cards I should have them all current within 6 weeks. But now I don't know if I will have that much time. I am SO stressed, can't sleep. Any answers would be appreciated. Also I live in Northern Indiana, does anyone have experience with the BK courts here? Thank-you for any kind of response.

[DeadManCrawling]

you can answer the claim by going to court. You can do it Pro Se or hire an attorney. Basically, you need to file a response with the court, denying something like whether you actually owe the debt, disputing the amount, or any of a dozen other responses.

This will delay the matter a while, possibly the 2-3 months you need.

It need not be expensive to answer, you can find appropriate forms on the web if you do not wish to use an attorney. Research it, though, and make sure you have your ducks in a row.

[albacore44]

Was this a CC debt with Chase ?? When did you last pay ??

[Dayhob]

Yes it was a cc with chase. My last payment was Dec 08.

What form would I be looking for on the web?

[itsjustmoney]

Does it give you 20 days to report any exemptions from the judgement? Such as SSI, disability pay, 401k funds...etc?

[albacore44]

Yes it was a cc with chase. My last payment was Dec 08.

What form would I be looking for on the web?

wow. that seems really quick for them to file a lawsuit.

[Dayhob]

No just says 20 days to respond to complaint or judgement will be entered against me. No court date or anything else.

[floridian]

no court date? are you sure its a lawsuit and not some lawyer yanking your chain??

[itsjustmoney]

I had a credit card issue a judgement against me and they ended up putting a lien against my checking/savings account. All my direct deposits was held for this judgement. If you don't plan on paying it or working something out with them withing this 20 days....start pulling funds out of the bank because they are going after it. Also if you have any vehicles that are paid off...that will be next.

[Dayhob]

It says it was filed in Circuit Court on May 29th but how can they file a judgement without a court date.

[itsjustmoney]

The credit card companies are using atty firms in order to collect and file. They are quick in getting judgements these days...it's a tactic alot of cc's are using.

[albacore44]

It says it was filed in Circuit Court on May 29th but how can they file a judgement without a court date.

were you served by a process server ?? did they come to the door ?? is there a case # listed ??

[hopeforus]

wow. this really makes me want to file asap. I need to set up my consults like yesterday.

[JustOverBroke]

I was served Monday for medical bill my court date is June 26 and I'm filing July 1st not sure what to expect in the 6 day window not sure if they will have a garnishment in place that same day or I can bobb and weave.

I do know there won't be more then 10 dollars in my bank account when that court date comes up and no deposits will be made until July 3rd but by that time my stay will be in place.

Anyone know if they will be able to garnish anything in those 6 days to my filing?

[hopeforus]

I think I read that it takes a bit of time to actually put the garnishment in place. I wouldn't worry about those 6dys.