OK so I was NOT sued?!?!?!?!

[Beeheery]

Hi everyone,
Sorry for the late reply. Crazy day. I don't think it is a lawsuit even though there is an open case with the county court because the case # in public record, is the same case number for the Debt Affidavit letter I received. Under case type is says: "Damages $10000-25000K". There is no incident date, no court date, nothing. It does however show my name, a judges name and the lawyer who works for the collection agency that is suing me on behalf of Chase. I am going to start the online pre-bk certification and get this going just in case. Even if this is not a lawsuit, one probably will come soon. I just don't know why they would since I have been unemployed since early 2007. I would think they would go after those who have income at least. I own nothing and have no income. What can they get from me? Doesn't make sense but I guess they will do whatever they can to get money.

[music12]

if you are close to the statute of limitations, they might be filing that so they won't be late. i am confused though because if there is a case number, there also has to be a complaint, which they are supposed to serve you with at some point. they probably don't know yet that you are unemployed.

if you own nothing and have no income, your bk should go smoothly. however, you have to first figure out how you will live after bk. you will have no credit cards to live off of. so you need a job or family/friends willilng to take you in.

maybe legal services for the indigent would help you with a bk lawyer. won't hurt to ask.

in any event, there is nothing to fear but fear itself.

[Beeheery]

Oh...and how can this collection agency even file suit against me when they have no proof that this is my debt? The second line of the letter I received states: The original contract in this matter has been destroyed, or is no longer accessible to Affiant and that this Affidavit is to be treated as the original document for all purposes. If any originals are discovered, they will be submitted to the court for review." Don't you have to show proof in order to even file? I mean it seems as though it would be a waste of time and money for them to file since if they did, I would either fight it and demand debt validation or just file BK. Either way they lose. Am I missing something? And if I do just decide to go to court and they still cannot provide proof/evidence that I owe this and the judge dismisses it, does this mean that they can never sue me again and that I do not owe them any money ever??

[Beeheery]

if you are close to the statute of limitations, they might be filing that so they won't be late. i am confused though because if there is a case number, there also has to be a complaint, which they are supposed to serve you with at some point. they probably don't know yet that you are unemployed.

if you own nothing and have no income, your bk should go smoothly. however, you have to first figure out how you will live after bk. you will have no credit cards to live off of. so you need a job or family/friends willilng to take you in.

maybe legal services for the indigent would help you with a bk lawyer. won't hurt to ask.

in any event, there is nothing to fear but fear itself.

Hi Music,
Thanks for your response. Well I googled this notice of filing I received and based on what I read, they have to do this through the court. Any "Affidavit of Claim and Certification of Debt" must be done through the courts to make it official. It also said that they must also notify the debtor as well. The case # matches the form I received and that was not a summons. So.....I don't know. I currently live with a friend who pays the rent, my food etc. The only income I do receive is financial aid for school. I should (hopefully) receive aid next year and hope that that is not counted as income for them to take. I live in FL so I think I have a 4K wildcard so maybe I can put my aid under that amount and keep it exempt. That's another reason why I want to hold off if I can. I have someone who is able to support me so whether I file or not, I am in the same spot financially. I have medical issues and incur bills each month, so the longer I hold out, the more bills I can add to it and not have to pay.