Filed an Answer to Summons Yesterday. Court Date is Friday. What do I do now?

[InDebtNeedHelp]

I filed an Answer to Summons yesterday and mailed the documents to the defendant's lawyer, also. My court date is Friday. What do I do now? Nothing shows up on PACER. Call the court? Call the lawyer? How do I find out a response?

This is my original thread:

http://www.bkforum.com/showthread.php?t=43378

[klandsb]

I am a little confused.... Did the sheriff or someone deliver the first notice ??? Mine worked a little different than what u are telling us... The sheriff delivered me a notice from a collection agency stating the wanted to file a judgement on me for failing to pay on a cc dept to which I had 20 days to respond to the COURT... I typed up a response and took it to the COURTHOUSE and filed it there ????

[keepmine]

This is a case filed in your state coourt.
Pacer is for federal court proceedings.
Just show up on Friday.

[InDebtNeedHelp]

A sheriff delivered the summons. I am being sued. My court date is this Friday. I have answered the summons. According to the court clerk, mailing an Answer to Summons is acceptable and free. I have already done this.

I am a little confused.... Did the sheriff or someone deliver the first notice ??? Mine worked a little different than what u are telling us... The sheriff delivered me a notice from a collection agency stating the wanted to file a judgement on me for failing to pay on a cc dept to which I had 20 days to respond to the COURT... I typed up a response and took it to the COURTHOUSE and filed it there ????

[InDebtNeedHelp]

Thanks. I was told to file an Answer to Summons to buy time. I will not be able to make it Friday.

This is a case filed in your state coourt.
Pacer is for federal court proceedings.
Just show up on Friday.

[2manybills]

You have not filed BK yet, correct?

The answer will not put the civil case "at issue". The other side will probably set some kind of prove up hearing to get the judgment entered which will be somewhere between 30 to 60 days away.

Hopefully you will have filed by then.

[InDebtNeedHelp]

My plan is to file in about two weeks, maybe three. What do I do now? How do I find out about the date for the prove up hearing?

You have not filed BK yet, correct?

The answer will not put the civil case "at issue". The other side will probably set some kind of prove up hearing to get the judgment entered which will be somewhere between 30 to 60 days away.

Hopefully you will have filed by then.

[OhioFiler]

My plan is to file in about two weeks, maybe three. What do I do now? How do I find out about the date for the prove up hearing?

If you're filing in 2 weeks you really have nothing to worry about. If the creditor gets a default judgment it will be vacated with the BK filing.

[2manybills]

Yes.

What is the hearing you are talking about on Friday?

[InDebtNeedHelp]

Breach of contract lawsuit.

"You are summonsed to appear before this court on the date, time, and location above to answer the attached petition."

Yes.

What is the hearing you are talking about on Friday?

[2manybills]

Did you file your answer? If so, I would call the clerk and ask if that is enough. Usually that is it. You should not have to appear in court to file a responsive pleading.

[InDebtNeedHelp]

Yes, I filed an Answer to Summons earlier this week. The clerk told me it was free, there was no form to fill out, and that I should mail it to the court and the plaintiff's attorney. I did both earlier this week. Should I call the clerk or the plaintiff's lawyer to see where I stand, or just wait to hear from someone? Will I receive another letter with a new hearing date?

Did you file your answer? If so, I would call the clerk and ask if that is enough. Usually that is it. You should not have to appear in court to file a responsive pleading.

[2manybills]

I don't think you need to appear. I would call the clerk to confirm.

The attorney will have to file a request for a prove up hearing. By that time, you will have filed and you'll be on your way. Once you get your bk case number, you should file a notice of stay on this action and reference your BK number. That way the court will have notice of the BK.

[InDebtNeedHelp]

Thank you very much!

I don't think you need to appear. I would call the clerk to confirm.

The attorney will have to file a request for a prove up hearing. By that time, you will have filed and you'll be on your way. Once you get your bk case number, you should file a notice of stay on this action and reference your BK number. That way the court will have notice of the BK.

[2manybills]

Your welcome. When you're ready for the notice of stay, PM me and I will give you the format.