I just recieved a letter in the mail from an attorny stating it is a letter of assistance to help me. It says it has come to their attention through the County Court records that I have been named as a defendant in a lawsuit filed by a Dr. this is a valid bill from when my daughter was in the hospital. They would not accept our insurance and when I sent them a small payment they immediatley sent me to collection. The bill is @ 9 months old. I have not even been served yet on this. I was not even planning on talking to an attorney for a couple of months for my bk due to having two large purchases on my credit, my laptop for my business and a mattress we RAELLY needed. I am afraid these will be seen as luxery items or fraud. But I bought them right befor my business really fell aprt. What do I do now? Do I call the attorney that sent me the letter? I am worried about wages being garnished, checking account seized....etc. PLEASE HELP!
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Have you been interviewing bk attorneys yet? If so, pick one now for guidance with this up until you are in the clear to file bk inregards to charging up on cc and buying a laptop recently. Just wait here, check back, someone will contribute to this for sure.
Just breathe.....calm.
(first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
:clapping Discharged 1/25/2010 Case Closed 3/11/2010
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DO NOT call the ambulance chaser attorney who sent you the letter. Wait until you get the summons from the court to decide what to do.
We were served papers in early November for an unpaid debt and the trial is scheduled for early March. You have time to file BK.
First, you need to answer the summons, but wait until the time limit is about to expire. Then you wait for the plaintiff to respond, Eventually, it will end in a trial but you'll have filed BK by then and this case will be dismissed.
One last thing, relax. It doesn't do you any good to get worked up about this stuff.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. -RickComment
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We also recieved a notice that we have a certified letter we have to sign for at the post office. Should we go get it??Comment
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You can still file if you bought a laptop and mattress. You tell the court they can have both back or you are will to continue paying on them. I wouldn't hold off BK just because of these two things.Comment
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Go pick it up. This is your summons. It's no big deal, really. Once you have the letter you'll know exactly what is going on.Originally posted by mac1357 View PostWell, 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. -RickComment
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I have to disagree Ohio. That is an ambulance chaser looking for business. A summons has to be served, not looked through the Court records. It would be better to go to the Courthouse and go to Civil Records and have them pull the names up, get the docket number and look into the official file. The suit usually does not get Recorded in Public Records until acted upon in Civil action. I suppose there could be local differences, but they have not been subpoenaed yet. 'HubOriginally posted by OhioFiler View Post
EDIT: Suits don't get filed, only Judgments. I have seen lawyer troll through the Court House Records before as the files are not online like the Federal System. Only the results. Lis Pendense and Mortgages etc. are recorded and the like but not a suit.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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OK DH is off to get the letter. I am going to read the thread on how to pick a lawyer. This Sunday is the one year mark for the worst most stressful year of my life. My sister died, DH's sister died (both very young and sudden). I had cancer, DD was severly burned and in ICU the same week that I was in surgery for cancer and the busness fell apart. This year can't possibly be worse, right? I told DH that I am celebrating my new year on Januuary 31st and Looking at February first as new years day. I survived and we are going to work to make this business survive.Comment
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Suit has to be filed before a judgment, at least in Ohio. And the certified letter is from the court or the attorney for the plaintiff.Originally posted by AngelinaCatHub View PostLast edited by OhioFiler; 01-22-2010, 09:40 AM.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. -RickComment
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Summons can be served via certified mail. I agree with OF that this is probably a summons, and that the original poster should go pick it up and answer it within the time limit stated on the summons.Originally posted by AngelinaCatHub View PostYou can't take a picture of this. It's already gone. ~~Nate, Six Feet UnderComment
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YES it is a summons. It says we are summoned and required to serve upon the Plaintiff's attorney a copy of an answer to the complaint with in 28 days after service of this summons. Answer must be filed with the court within 3 days after the service of a copy of the answer on the palintiff's attorney. If we fail to appear and defend, judgement by default will be rendered against you for the relief demanded in the complaint. I have NO idea what this means in english.Comment
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It also includes a copy of my statement and does not show anywhere that I did make a payment.Originally posted by mac1357 View PostComment
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You can research how to answer the complaint online and even download examples of answers. Just wait until about 27 days to answer the plaintiff. Just be sure to answer them via certified mail and make sure your answer is received by the court on time.Originally posted by mac1357 View Post
This will gain you at least another 30 days before anything can happen which puts you into March.
The plaintiff's attorney will initiate discovery after he receives your answer. You'll have another 28 days to respond. By that time you will have filed your BK and this suit will be dismissed!
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. -RickComment
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I am not nearly as knowledgeable as most here, but I got worked up about EVERYTHING regarding my Bk. We also purchased a computer for work shortly before filing, as well as a few cash advances barely outside the 90 day mark.
So far, everything has been just fine.
I regret all the time I spent sick just thinking about it.
You deserve a fresh start.. hang in there, everything will fall into place.Filing cpt.7 11/09
341- 1/21/10
Report of no distribution 1/21/10
Scheduled for discharge 3/22/10 (on my 15th wedding anniversary!)Comment
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I totally agree with OF that you can drag out the response and you will be able to file for BK before you end up with a judgment. I would give yourself a little bit of a time buffer to make sure your response gets to the court on time though (day 27 is really pushing things.....) You do not want your response to not count because it was received too late.Originally posted by OhioFiler View PostYou can research how to answer the complaint online and even download examples of answers. Just wait until about 27 days to answer the plaintiff. Just be sure to answer them via certified mail and make sure your answer is received by the court on time.
This will gain you at least another 30 days before anything can happen which puts you into March.
The plaintiff's attorney will initiate discovery after he receives your answer. You'll have another 28 days to respond. By that time you will have filed your BK and this suit will be dismissed!You can't take a picture of this. It's already gone. ~~Nate, Six Feet UnderComment
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