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

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    #1

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

    Hi everyone,
    I left a post early today while I was in tears because I thought I received something that was a notice of lawsuit. However, after "googling" about the letter I received, it appears that this is not a lawsuit afterall. It says on the paper I received: "NOTICE OF FILING" It says that the plantiff notifies the Court of the filing of Original Affidavit of Claim and Certification of Debt." No summons. No court date etc. So....is this just making it official that my bank sold this debt to the collection agency/law firm? I have an "open" court case # and everything but according to what I found online, this is just notice that they had to send to me stating that the bank no longer owes my debt and that the collection agency does. Anyone who knows if I am right or what this could mean, it would be MUCH appreciated! Thanks!
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    #2
    Bk has a lot of stress. If you were crying, there is no need to do this. Have you filed? Your post was not clear on this. If you have a docket number they cannot sue you. I believe you are right and may get more of these letters as your accounts here and there may be sold to scavengers. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment

      #3
      Hi Angelina,
      No, I have NOT filed and really do not want to. I would rather hold out until I am REALLY sued. Do you happen to know if this "notice of filing of original affidavit of claim & certification of debt" is something that a collection agency does right before a lawsuit? If this is just a technicality as far as them just informing me that they now own the debt, do I have anything to be worried about? There is nothing for me to sign, agree to etc. No court date etc. Just the notice i received today. Thanks!

      Comment

        #4
        It is only a validation of debt. Nothing else. Now if you do get a summons, you really do not want a suit. Prepare your paperwork now and be ready. A Judgment is a mean thing.

        Yahoo - 404 Not Found
        http://answers.yahoo.com/question/index?qid=20090504064623AAUO94W


        For about $17 you can get a great C7 book from Nolo Press. nolopress.com

        'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment

          #5
          Thanks Angelina,
          Based on the boards here, do you know if this usually precedes a summons? Just trying to figure out if this is something that might be in the very near future.

          Comment

            #6
            I don't understand why you want to wait until you are sued. If bankruptcy is unavoidable why not file sooner rather than later? Of course some folks need to put time between certain transactions and their filing but it seems like you just want to put it off until you are forced. To my way of thinking it's better to get it over and done with so I can start rebuilding that much sooner.

            I've been preparing to file since early August of this year and finally got it done today. There was no way I could have avoided filing, short of winning the lottery, but I wasn't waiting to get sued. I originally was going to file pro se but decided I really was better off getting an attorney, and after reviewing the paperwork, man was that the right call. At any rate I'm fortunate I was close to filing since I was served by Chase just over two weeks ago.

            Now that I'm filed it's just a matter of watching the clock, (providing we don't run into any issues of course,) and not repeating the same mistakes.
            Case Closed > 2/08/2010

            Comment

              #7
              To be honest, im waiting to file because im scared. im scared of court, im afraid of lawyers and judges and im just a big baby to tell you the truth. id rather hold out and wait for the statute of limitations to hit then have to go to court. im on the verge of puking just thinking of filing. i have no money for a lawyer and have no idea how to file pro se. im afraid im going to make a mistake and get my case dismissed or go to jail for filling it out wrong or something. i know i sound paranoid but that is really how i feel.

              Comment

                #8
                Thank you Bob. I agree with you. I have also reviewed Beeheery's posts both here and the other thread, and I am not so sure that she has NOT already been sued.

                When we were sued both by American General, and WhateverMortgageCo that handled the automobile loan that 'Hub foolishly co-signed for, we were served by U.S. MAIL. When you are picking up stacks of bills, letters, and junk mail, it can be easy to overlook something--especially if it is contained in a nondescript plain vanilla envelope. And if someone else picks up your mail..... Well.....

                There also was a notice in one of them--I don't remember which--that the original paperwork was lost and that we were expected to validate their copy.

                DO NOT DO THAT.

                Instead, get your paperwork together and file.

                I also just read your post following BobMango. Get over the fear and file. You will not believe how much better you will feel once you take that step to get your life back.

                Sister of mine, it is YOUR LIFE to reclaim. Face your fears--walk through them and GO FOR IT. I know you can!!!
                Last edited by AngelinaCat; 10-28-2009, 08:36 PM. Reason: Added a couple of sentances
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment

                  #9
                  Originally posted by Beeheery View Post
                  To be honest, im waiting to file because im scared. im scared of court, im afraid of lawyers and judges and im just a big baby to tell you the truth. id rather hold out and wait for the statute of limitations to hit then have to go to court. im on the verge of puking just thinking of filing. i have no money for a lawyer and have no idea how to file pro se. im afraid im going to make a mistake and get my case dismissed or go to jail for filling it out wrong or something. i know i sound paranoid but that is really how i feel.
                  All of us are (were) scared and afraid. I eventually bit the bullet and filed. Regardless of the consequences, I am glad and feel relieved that I did. One of the best feelings I had was right after I signed the petition in front of the lawyer and knew she was filing it that day. The second great feeling came right after a successful 341.
                  My comments are solely based on my opinion. The information and links that I have
                  posted are provided solely for informational purposes, and do not constitute legal advice

                  Comment

                    #10
                    Originally posted by Beeheery View Post
                    Hi Angelina,
                    No, I have NOT filed and really do not want to. I would rather hold out until I am REALLY sued. Do you happen to know if this "notice of filing of original affidavit of claim & certification of debt" is something that a collection agency does right before a lawsuit? If this is just a technicality as far as them just informing me that they now own the debt, do I have anything to be worried about? There is nothing for me to sign, agree to etc. No court date etc. Just the notice i received today. Thanks!
                    It is not a lawsuit, but it is a precursor to a lawsuit. If the agency is taking the time to file, then they are seriously considering a lawsuit.
                    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                    Comment

                      #11
                      Originally posted by backtoschool View Post
                      It is not a lawsuit, but it is a precursor to a lawsuit. If the agency is taking the time to file, then they are seriously considering a lawsuit.
                      It's nothing more than a collection letter unless they've already verified place of employment and weighed the likelihood the OP will be filing BK. It's too early in the process for them to get that serious without solid reason to know the cash is available.

                      I think these collection letters are all written by the same creative writers who gave us the Halloween movie series. They know how to elicit fear in the masses. People who have the talent to write creatively control the rest of the population.
                      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

                      Comment

                        #12
                        I have an "open" court case # and everything????

                        BeeHarry, you stated that you have an "open" court case in your post.

                        This means there is an "active" case. Which also means you should have received a summons and/or about to.............

                        You really need to go to the courthouse and review the file, if you can't review the court records online...to see if a summons was issued. You may be able to call and ask the clerk to verbally review it with you to save driving there.

                        Sounds like you have some missed paperwork, i.e. the original claim.

                        Are you able to review the court case online?

                        Comment

                          #13
                          Originally posted by OhioFiler View Post
                          It's nothing more than a collection letter unless they've already verified place of employment and weighed the likelihood the OP will be filing BK. It's too early in the process for them to get that serious without solid reason to know the cash is available.

                          I think these collection letters are all written by the same creative writers who gave us the Halloween movie series. They know how to elicit fear in the masses. People who have the talent to write creatively control the rest of the population.
                          The OP said that there is an active court case, but that she wasn't served papers.

                          I ended up with a judgment where I wasn't ever served papers so it does happen.

                          In any case if there is an official court case, then a lawsuit is more likely to occur as the next step.
                          You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                          Comment

                            #14
                            Originally posted by backtoschool View Post
                            The OP said that there is an active court case, but that she wasn't served papers.

                            I ended up with a judgment where I wasn't ever served papers so it does happen.

                            In any case if there is an official court case, then a lawsuit is more likely to occur as the next step.
                            An official court case is a lawsuit. There is no docket without a filing. She's being intimidated.
                            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

                            Comment

                              #15
                              Originally posted by backtoschool View Post
                              The OP said that there is an active court case, but that she wasn't served papers.

                              I ended up with a judgment where I wasn't ever served papers so it does happen.

                              In any case if there is an official court case, then a lawsuit is more likely to occur as the next step.
                              Even the Courts make mistakes. I received a summons for a lawsuit as well as the Default Judgment for the same case. The lawyer sends all the pre-prepared paper work at the same time. The Judge accidentally signed and recorded both. I sent the Judge a letter with the copies and the Judge vacated the Judgment immediately. It was no big deal to me as I could easily see what happened.

                              Our Op is having some real problems. The worst thing you can do is procrastinate when it comes to the law. You cannot undue the past, only learn by it. She needs to get motivated or she will acquire real problems, not "what if" problems. And NO she won't go to jail over forms not filled properly. 'Hub
                              Last edited by AngelinaCatHub; 10-29-2009, 06:43 AM.
                              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                              Comment

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