Served by Sheriff for CC Debt

[mlsmket7]

I was served this morning. I had my consultation back in January, but have not officially filed. I called my attorney I had worked with, and they're willing to still file on my behalf.

Will they take care of the papers I was served with this morning? I'm not entirely sure how this process works. Obviously I should have filed sooner, but I want to get the process started.

During my consultation, I am chapter-7 eligible, so that's not my worry. The sheriff dropping papers off was.

[poorold]

Once you file, your attorney will file a Suggestion of Bankruptcy with the Court wherein your credit card company is suing you. That will stop the lawsuit.

[JRScott]

Basically I assume you got served papers where the creditor is seeking a judgment against you for amount owed. You probably have a certain amount of time to respond before they are able to get a default judgment.

There is a place on the petition to put active case numbers you'd put it there. Then the whole matter will be dropped.

If you can't get bk filed prior to the default judgment you could just wait and vacate the judgment with the bankruptcy discharge. You could try to buy some time by responding to the affidavit with a letter addressing each point and stating whether you concur or disagree. In the section indicating debt amount you'd say you would like to see receipts with your signature on them for the debts and cross reference them with your records, that until you can verify the debt you dispute it. Court will set a date with any luck that buys you a couple months.

Good Luck.....I filed after I was served but before they got a judgment, my lawyer told me since I was ready not to respond and its gone smooth since then it all went away.

[mlsmket7]

Yes, that's basically the jist of it. I have not filed, I just don't want to face garnishments in the face of filing.

(Especially since its Navy Fed., and they have been the worst creditor throughout the process)