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We were served with a summons today... violation of stay?

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    We were served with a summons today... violation of stay?

    We just got served papers from a collectors lawyer. They're obviously seeking judgement.

    The collections company is listed on our matrix but their lawyer is not. We'll be calling our lawyer on this but wanted to discuss it here.

    Did they violate our stay? Will this just go away?

    #2
    I would call your attorney. If you have filed for BK, yes, this is a violation of automatic stay.
    May 2008 Hired 1st Attorney/Stopped paying CCs
    May 21, 2009 Retained 2nd Attorney
    May 28th - Filed for Ch 7 (FINALLY!)
    9/11/09 - DISCHARGED!!!!

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      #3
      I wouldn't do anything about it. Let the goof waste time and money pursuing you. Eventually, he'll learn he has nothing to collect. Hopefully, by then he'll have wasted a few hundred dollars.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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        #4
        Whether it is a violation or not will depend on timing, but the lawyer probably wasn't told about the BK.

        In any event, this is an easy thing to take care of, send (or have your attorney send) a copy of the 341 notice to the lawyer with a letter requesting he dismiss the lawsuit.

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