Summons from Chase

[bellessima]

I have just received a summons notice delieveredd by a processor stating the amount I owe Chase.

I am filing Chapter 7 in April...this letter gives me 20 days to respond.

What should I do now?

Much thanks

[fortknox]

I'm in the same situation. I was served last weekend. The guy who served me told me to file a simple response just stating I can't afford payments and that would buy me some time? Not sure about that.
I've consulted with a few attorneys who have told me that I don't need to respond. After the 20 days if they haven't heard from me then judgement can be entered and they will try to garnish wages at that point. I'm sure that that whole process will take at least a month. Once you file, that stops everything so it should be fine. At least that's my understanding (and I'm really new at this).

[swanse]

Is this the same thing as a charge-off?

[nc73]

Is this the same thing as a charge-off?

no

[billf]

filing an answer

In a similar situation I was advised to enter a pro se answer of "I cannot affirm or deny this claim" and get the answer stamped by the court. That should get a court date in the future and stop a default judgment in the mean time.

[backtoschool]

I have just received a summons notice delieveredd by a processor stating the amount I owe Chase.

I am filing Chapter 7 in April...this letter gives me 20 days to respond.

What should I do now?

Much thanks

You need to respond. They are going through the steps to sue you, and they will have a judgement before April if you do not respond. Respond with a request for them to validate the debt and that should buy you 30 days or so. They will respond which will give you time to respond another round and hopefully drag things out until April when you file.

[bellessima]

You need to respond. They are going through the steps to sue you, and they will have a judgement before April if you do not respond. Respond with a request for them to validate the debt and that should buy you 30 days or so. They will respond which will give you time to respond another round and hopefully drag things out until April when you file.

Should I try to file by March....if I can?
and do I still need to respond?

Dos anyone have the form to respond on and file?
Thank you

[music12]

i agree with backtoschool. responding buys you some time, and it's better not to have a judgment entered because that allows them to freeze your accounts, and even just worrying about that could take a toll.

search the forum for forms/sample answers. i know i have seen them here before, so you will find them. good luck.

[bellessima]

i agree with backtoschool. responding buys you some time, and it's better not to have a judgment entered because that allows them to freeze your accounts, and even just worrying about that could take a toll.

search the forum for forms/sample answers. i know i have seen them here before, so you will find them. good luck.

So I simply state for them to please validate the money they are saying I owe?

Thank you both!

[potsie834]

I’m just curious, but is this summons from Chase regarding a deficiency balance from a short sale or credit cards?

I owe Chase over $160,000 and I filed BK last month. I’ve heard Chase is really aggressive….just curious.

[music12]

So I simply state for them to please validate the money they are saying I owe?

Thank you both!

yes, that's the idea. you basically say that you don't know what they are talking about so you need them to provide more information. again, for forms or sample suggestions for how to write it, you can search the forum. you could also call the court and see whether they have answer forms. it's not difficult and will buy you time.

[fortknox]

Ok, so I should go ahead and file an answer, despite the attorney saying not to? This is basically just to buy some time? I could be ready to file by the time my 20 days is up. I'm just worried about whether this will impact my home modifications (I have another thread about this).

I found the form online to draw up the answer. But, how do I file the answer with the court? Can I just mail it in? I live over an hour away from the courthouse so going there in person would be very difficult (though I know I will need to do so when I go through the BK proceedings). Do I just send it to the court or do I also send a copy to the creditor's attorneys? Do I send it certified mail or something? Sorry if these are stupid questions, this is all very intimidating for me!

[charismamill]

Once you file bankruptcy, any action by Chase will be discontinued.

[music12]

first, this is not going to be the same court as the bk - chase would have sued you in state court, and bk court is federal. i am also surprised that it's an hour away from where you live, because these kinds of suits go to local courts which are supposed to be relatively accessible.

anyway, we don't know the details of how your state operates, so it's possible that your lawyer knows more about the length of the process and is sure that they won't get around to garnishment before you file. i think it's always better to be on the safe side - who knows what the future holds and whether something happens before april to make you change your mind about filing, or whatever.

to answer your question, if it were me i'd send it certified to the court and regular mail to the creditor's attorney. but some states don't require you to send it to the creditor's attorney. so look at your summons which should have instructions or call the court and ask. and make sure you have the correct address - don't mail it to the bankruptcy court!!

[seekfreedom]

I only owe them $6000 but they went ahead and sued me in less than 6 mos from last payment. I don't even think the acct has been charged off yet. I was pissed off. They only sent me one "attorney" letter which was really a collector and that was it. The way that I found out that I had gotten sued was from bankruptcy attorney solicitations that I started to receive. I have yet to be served.