Found a calling card from the sheriff on my gate!

[Ineedhelp2]

When I came home this evening, on my gate was a business card of a deputy sheriff and a case number on the back. There was no note. I called the number, but they will not be in until tomorrow morning. The voice mail said something about "civil division."

Any idea what this could mean?

I don't think I'll be able to sleep tonight.

(Does the sheriff department ever serve papers? I know I have one large debt that will be going to court and I will have to file chapter 7 soon).

[Ineedhelp2]

Maybe it has to do with a foreclosure sale on Friday. Though today it was postponed for another week.

[justbroke]

Any idea what this could mean?

It means that you have been served a summons to appear in Civil Court. Some one is suing you.

I don't think I'll be able to sleep tonight.

(Does the sheriff department ever serve papers? I know I have one large debt that will be going to court and I will have to file chapter 7 soon).

Go ahead and sleep tonight. Are you current on your mortgage?

[Ineedhelp2]

I'm in foreclosure and have a sale date pending. Could it have to do with the sale that was supposed to be this Friday?

Also, we had been served for a $28k medical debt, but the 30 day period to respond to it has not yet passed as far as I know, and I was going to dispute it.

[Ineedhelp2]

Let's say it has to do with that $28k medical debt. What if I don't show? They automatically get the judgement? What if I do show and dispute it? Do they have to come back with more proof, or does the judge decide on the spot?

How soon could this become serious? How much time could I have to file before they do anything nasty?

[justbroke]

Let's say it has to do with that $28k medical debt. What if I don't show? They automatically get the judgement?

Technically, it's not automatic. The plaintiff would have to ask for a default judgment, but they usually do.

What if I do show and dispute it? Do they have to come back with more proof, or does the judge decide on the spot?

It would not be decided at the initial hearing. As a matter of fact, the Judge may order you to mediation of some type or to attempt to work it out. If you ever go to civil court, you'll see people "negotiating" in the hallway all the time!

How soon could this become serious? How much time could I have to file before they do anything nasty?

Only if it becomes a judgment lien against your property. If you're filing soon, I don't see issues. Remember the term "property" means money in bank accounts or income earned from an employment. They can attach "cash" property by garnishment or levy. If you live in a State like Texas where they can't garnish wages, this is a little better, but bank accounts could still be at risk.

You may want to start your bankruptcy planning now and consult with some attorneys.

[Ineedhelp2]

I'm trying to have as little accounts receiveables exposed when I file, so I'm trying to get an idea how much time I have to plan and juggle these things.

[Ineedhelp2]

BTW, thank you for your many prompt responses to my posts. Much appreciated.

[StartingOver08]

It is convenient to get answers to questions at 1:30 AM...!

[bkresearch]

Did you find out what the sheriff wanted? Also, I was just wondering - in your foreclosure case did the sheriff ever post anything on your house about the foreclosure? Nothing like coming home to a notice taped to your door....

[ForumReader]

Nothing like coming home to a notice taped to your door....

That reminded me of the day I came home from work to see the summons taped to my door from BoA last summer. I remember feeling crapped out and decided to flip through the yellow pages looking for bankruptcy lawyers in my area.

[AngelinaCatHub]

As a seasoned receiver of such things, it is ONLY a subpoena. You may even call the Sheriff and state you will pick this up as courtesy. It is no big deal except for what they are suing you for. At this time, you need not dodge it. Just attempt to bring up your bk soon as this will stop all. You have 20 to 30 days to make a response either in writing or a hearing.

It is not life or death. Just part of the process. Worry not.

Stick with us here as I sure have experience with these things more serious than bk, and our Forum is full of good advice by way of experiences.

You will be fine. 'Hub

[ApresMoi]

Technically, it's not automatic. The plaintiff would have to ask for a default judgment, but they usually do.

It would not be decided at the initial hearing. As a matter of fact, the Judge may order you to mediation of some type or to attempt to work it out. If you ever go to civil court, you'll see people "negotiating" in the hallway all the time!

Only if it becomes a judgment lien against your property. If you're filing soon, I don't see issues. Remember the term "property" means money in bank accounts or income earned from an employment. They can attach "cash" property by garnishment or levy. If you live in a State like Texas where they can't garnish wages, this is a little better, but bank accounts could still be at risk.

You may want to start your bankruptcy planning now and consult with some attorneys.

My attorney told me I was collection proof, and I am in the 90 day waiting period from last use on the credit cards. I hope to be able to file for Ch. 7 after that (provided the disposable income workup is okay). The attorney also said it might be a year before anyone sued me.

But one creditor has already "closed" my account (they sent me a letter). I was surprsied by this, as from everything I have read, they usually wait from 90-120 days before referring the account to debt collectors. Does this mean that I could get sued earlier? I read online of someone who was sued 3.5 months after she first missed a payment. I am coming up on three months of missed payments (shortly). I said some dumb things when talking to BofA...things that I regret, because I realize now they could use them against me in court. Even so, I don't think what I said could cause a lot of damage if I have a strong BK case.

Given the above, what is a 'worst case' scenario if I get sued before I can file? My property is exempt, according to the attorney. Thank you.

[justbroke]

But one creditor has already "closed" my account (they sent me a letter). I was surprsied by this, as from everything I have read, they usually wait from 90-120 days before referring the account to debt collectors. Does this mean that I could get sued earlier?

Absolutely, not. Creditors can start "collection" activity with an "outside" collection agency as soon as day 31! Nothing precludes them from hiring an outside agency to collect. Now, what happens is that after 180 days (the time at which they usually write/charge-off the account), then they can "sell" the debt to another company. That's the only time that ownership of the debt occurs.

I don't think it means anything in the big picture.

[frogger]

Absolutely, not. Creditors can start "collection" activity with an "outside" collection agency as soon as day 31! Nothing precludes them from hiring an outside agency to collect. Now, what happens is that after 180 days (the time at which they usually write/charge-off the account), then they can "sell" the debt to another company. That's the only time that ownership of the debt occurs.

I don't know about other states, but in GA, you can be turned over to collections 1 day after it is due. That is not normally done however, because the account must first age 30 days by the OC in order for the CA to get in on the credit report.

Any account that has not remained in house at the OC for 30+ days can not be reported, so one useful tool in collections would be gone.