Law suit on its way??

[dazed]

I have been looking into bankruptcy and appreciate the answers that I received on my other post. What started it all was the other day we got a letter from an ambulance chasing attorney saying that we saw that you have just had a law suit filed against you... we can help. Like they are the cure. I checked the online circuit court and it shows a lawsuit filed against my husband. It just shows HSBC (BestBuy) against my husband. No dollar amount, court date or anthing but it does have a case number. We owe about 8000 to them and we just received a letter from them (the collection agency) that they will settle for 2000.00 but it must be paid in full in less then 20 days. If I had 2000.00 I would be already on my way to the bankruptcy lawyer not sending them 2000.00.

I checked out the laywer listed on the the law suit and she is licensed in my state. Her law firm is about an hour away so I am thinking that this is definately going to happen.

We want to try and put off the law suit for a few months until we can pull the money together. What is the best way to try and stall a law suit for a few months to give us some time to gather up enough money. I read the first step is to ask them to validate the debt. Do you do this when you respond to the summons? Any help or ideas would be appreciated.

[music12]

yeah, file an answer denying their claim for the $8000. basically you'd say you don't know what debt they are talking about. then they have to prove you owe it. that takes some time but i don't know how long. it depends on the court.

i am confused though. did they serve you? you are supposed to receive a summons, not have to look it up online!

[dazed]

We have not received a summons yet. In Wisconsin you can search the circuit court. It shows a law suit filed. No date. No money noted. Just plantif and defendant and that it is a civil money issue.

[AngelinaCat]

We have not received a summons yet. In Wisconsin you can search the circuit court. It shows a law suit filed. No date. No money noted. Just plantif and defendant and that it is a civil money issue.

Well, if you have not received a formal summons, I do not see how you can be compelled to answer the suit or go to court. After all, as an ordinary layperson, you would not have access or knowledge of PACER or any other court tool.

Whatever you do, DO NOT RESPOND SIMPLY BECAUSE YOU SAW IT ON PACER!!!!

Do NOT call your sheriff's office, or whatever serving agency operates in YOUR district, and ask if there is a case against you.

Make THEM SERVE YOU.

If they don't, and you get slapped with a judgment, you can appeal and go to the judge and compel the other side to produce documents proving that you were properly served.

If the other side cannot produce that document, then you have them.

PS: Just make sure that your creditors know what your current, correct address is. If the creditors do not have a good address in their files, they can claim that you were served via the legal notices in your local paper, and then you have no recourse.

Good luck!

[justplaintired]

We got a similair notice from an attorney, basically it looked like an ad, within a short time we were served. Be patient, they will serve you. Funny ours was HSBC too. Of all the creditors they were the ones who seemed the most aggresive. How you respond depends on your plan. We were actually ready to file, we didn't appear or respond. Our attorney filed right after the judgement against us.

[dazed]

That is what I think will happen. I think we will receive a summons shortly. They have our right address.

[AngelinaCat]

That is what I think will happen. I think we will receive a summons shortly. They have our right address.

Okay, once you get the actual summons, we (the forum community) can then suggest the next steps to take.

[texanboy76]

Okay, once you get the actual summons, we (the forum community) can then suggest the next steps to take.

Do they serve at your property address or where you had the statements go (another physical address) I ask because nothing ever went to my house it was always another address (including my BK)

[music12]

i think they have the right to assume that the physical address you provided is your actual address, and serve you there. now, it could be that if they serve you with an officer he would check to see if you actually live there, but usually these officers don't care.