Just got served!

[berrymom35]

Okay...I just got served with court papers from U.S. Bank for a $2,500 credit card...which seems absurd since we owe many others much more but anyway....

Our lawyer is so slow...we signed the papers to file two weeks ago and as of last thursday she said she was going to file that afternoon or the next morning..we don't know if it has been filed yet or not, she won't return or calls...now were being sued....is there anyway I can find out if our BK has been filed on my own? I just called the law office handling the case for u.s. bank and they said they would look it up via my dh's SSN....can I do this too?

I'm so stressed out...we don't have a date for our 341....I'm a mess....

[kenshirley]

Sure, join Pacer. Get your account and learn how to use it.
There are many stickys that tell you step by step how to do this.
And all you do is insert your SS# when you do a query in your BK district and if you are filed it will show.
It's amazing how non responsive some attorneys can be after they have their monies.

[justplaintired]

Make an acct on pacer, it is simply. Then you can login go by name in a search in your district and see if you name appears. You honestly would have gotten some court papers by now so I seriously doubt it's been filed. We were served papers and it does take awhile, so you have time. First I am sure you have a court date to appear on the papers you where served, which you won't go to since you should be filing soon. Then comes court papers saying that they won their case since you didn't appear, that was when we filed. So don't panic yet.

Drive over to your attorney's office and go in. Ask to speak with either you attorney's paralegal or to your attorney, take the court papers with you, they will need to file on it too. Don't worry, most attorney's are overwhelmed with cases. I can say our attorney was a little slow at times, but when we went in to review the papers before it was filed, the phone rang off the hook in his office and the cases they were working on was amazing. Also the attorney had someone in his office each time we went.

I know when they served us I freaked, but when I spoke with our paralegal she calmed me down and said we would get it filed before any action was taken. Be persistent with them and as I stated I would drive over there if I didn't make verbal contact soon. We seldom spoke with our attorney, his paralegal who I got very friendly with handled everything for us.

[aces67]

You should definitely get you a Pacer account. It will tell you everything you need to know.

I would also stop by the lawyer's office in person. I seem to get the best help that way. Mine is bad about not returning calls.

[AngelinaCatHub]

Berrymom35: You don't have a thing to worry about. It is small claims (does not mean not important if you get a Judgment), but you have at least 20, maybe 30 days to respond. By that time, you will have your 'automatic stay' and that action will be stopped. Yes as above, PACER, but don't go wild. Eight cents a page but you can save each item to your hard drive. Rename them so you can see them in order and understanding. You will be just fine. 'Hub