summons to serve!! is it too late to file on them???

[music12]

hey there.
first, take a deep breath. there is no reason to panic. no matter what happens with this lawsuit, it will stop when you file for bk.

those 3 days are not the time the plaintiff has to respond but rather the time you have to send your response to the court after you have sent it to the plaintiff, that is, you have 28 days to get it to the plaintiff, and an extra 3 to get a copy to the court.

this stage is only in writing. you don't have to go to court, just send a written response like suggested above. things will take at least a month after that. it sounds like you will be able to handle it better if you have a bk lawyer, so my suggestion is to get going on that as a top priority. your quality of life will instantly improve, and it really sounds like you need it.

[AngelinaCatHub]

hey there.
first, take a deep breath. there is no reason to panic. no matter what happens with this lawsuit, it will stop when you file for bk.

those 3 days are not the time the plaintiff has to respond but rather the time you have to send your response to the court after you have sent it to the plaintiff, that is, you have 28 days to get it to the plaintiff, and an extra 3 to get a copy to the court.

this stage is only in writing. you don't have to go to court, just send a written response like suggested above. things will take at least a month after that. it sounds like you will be able to handle it better if you have a bk lawyer, so my suggestion is to get going on that as a top priority. your quality of life will instantly improve, and it really sounds like you need it.

We've been trying real hard to transfer that fact. Pleased that someone else came in as I/we can only say the same thing over for so long.

Getting a suit is no big problem. Not responding becomes a big problem. Going to trial is a hassle, but if he is going to bk he has no problem at all except his fear of the unknown. I've been to many suits with my adversary who caused me to have to bk. He never wished me to Court, only to bleed me dry. He did. In the end, I won, Karma got him, and all things do work out in time. 'Hub

[seekininfo]

thanks everyone. I really do appreciate you trying to keep me calm!

Oh, first off, Im a SHE!! lol

I'm trying not to worry as much today...

looks like it was signed march 30th. I have to respond within 28 days. doesnt leave much time.

We leave in a small area(brown county ohio) and having a hard time finding an attorney that deals with just bankruptcy.

Is there a site where people list their experiences or have recommendations?

do we need to stop direct deposit to our checking, just in case?

[ColoradoBell]

Dear seek, can't help you with Bk questions as I am in the learning phase too.

But as far as the summons:
At this point you wouldn' teven need to spend the money on an attorney to answer...although you must be very careful not to admit anything in your answer. Since we don't know what you've been sued for (because the summons is the first part of a lawsuit for something) , can't give you specifics.
But, if you are accused of owing someone money , like a debt collector, you could respond by denying the amount of the debt and asking for clarificaton. Example: Defendant denies that he owes money to Plaintiff and requires documentation of the alleged debt. Make sure it i s postmarked within the 38 day time period and make a true copy and send it to the court. The Plaintiff will reply and probably ask for a heairng....You should be able to join in picking a date that works for both of you and the Court. Since you haven't filed for BK but probably will, the trick would be to delay as much as possible so that it will be stayed in the bk and you won't have to deal with it.
Good luck!

[AngelinaCatHub]

thanks everyone. I really do appreciate you trying to keep me calm!

Oh, first off, Im a SHE!! lol

I'm trying not to worry as much today...

looks like it was signed march 30th. I have to respond within 28 days. doesnt leave much time.

We leave in a small area(brown county ohio) and having a hard time finding an attorney that deals with just bankruptcy.

Is there a site where people list their experiences or have recommendations?

do we need to stop direct deposit to our checking, just in case?

I am certainly pleased as well as my Mrs. 'Cat that you are feeling better. The term "He, or him" is generic in fact that in all of literature, 'mankind' kinda includes 'womenkind'. LOL. So I submit my apology to you as I certainly respect our feminine species. You see, I married one and if I fail to do so, she beats the h*ll out of me. LOLOL. 'Hub

Again, pleased to see you are doing better. We were actually worried for you.

[seekininfo]

I am TRYING not to freak everytime I think of it. So I really appreciate the pep talk. Sorry to worry you guys though

coloradobell, the summons IS for a credit card. But, they are on the ball. they enclosed the bill, and a copy of the credit card agreement. And what I am being sued for. (not paying) so not sure what I can can deny! lol

[seekininfo]

CRAP! just read the thread about preferential.
when we started out, *I* was filing alone, so hubby kept paying his cards.
NOW we have decided with the economy and my health, that its best to BOTH file. Since I cant work.

this is going to be bad isnt it??? I hadnt even thought of that!

[seekininfo]

I STILL dont know how to answer

under complaint- it just says
COMPLAINT
in accordance with civil rule 4.6 c or d and 4.6 e, an ordinary mail waiver is requested.

NO court date yet but did come from the courthouse.

I KNOW the card is mine, I KNOW I agreed to pay.
since they already enclosed the bill AND agreement. I have no idea how to answer.

I really hate to just let it go, since its worse after they get a judgement but I may have to

[nokia123]

I STILL dont know how to answer

under complaint- it just says
COMPLAINT
in accordance with civil rule 4.6 c or d and 4.6 e, an ordinary mail waiver is requested.

NO court date yet but did come from the courthouse.

I KNOW the card is mine, I KNOW I agreed to pay.
since they already enclosed the bill AND agreement. I have no idea how to answer.

I really hate to just let it go, since its worse after they get a judgement but I may have to

i am in the same boat, i have to may 11 to give an answer, my lawyer said to not agree with the debt and to disagree with the amount. i only need 3 more weeks to finished paying my lawyer by the time the court date is set for me to appear i would have filed my bk.

[seekininfo]

does it have to be professional? Im wondering If I can just respond that I dont see a signature to agree or disagree to the debt and amount?

although I applied online so no signature...

[music12]

almost any piece of paper you file will delay the process. but do it as well as you can. search this forum and elsewhere for suggestions. there are even sample responses to lawsuits like this. so do a little homework first.

[seekininfo]

I have read and read for days, this site and others.

Cant find a case where theres not a court date yet, PLUS where they already included a copy of the bill, amount owed, and a copy of the card agreement. So I cant ask for those in my response.

If those items werent enclosed I could ask for them, at a loss as to what to do since all that was already included.

[nokia123]

I have read and read for days, this site and others.

Cant find a case where theres not a court date yet, PLUS where they already included a copy of the bill, amount owed, and a copy of the card agreement. So I cant ask for those in my response.

If those items werent enclosed I could ask for them, at a loss as to what to do since all that was already included.

i also had the bill included in mine paper work, my lawyer said to disagree with the amount. when i return the paper work to the court then i will get a court date to appear, by that time i will have filed my bk.

[nokia123]

I have read and read for days, this site and others.

Cant find a case where theres not a court date yet, PLUS where they already included a copy of the bill, amount owed, and a copy of the card agreement. So I cant ask for those in my response.

If those items werent enclosed I could ask for them, at a loss as to what to do since all that was already included.

i also had my paper work in my summons, my lawyer said to disagree with the amount and when i return the paper work to the court i will get a court date to appear, by that time my bk will be filed.

[WhatMoney]

I have read and read for days, this site and others.
Cant find a case where theres not a court date yet, PLUS where they already included a copy of the bill, amount owed, and a copy of the card agreement. So I cant ask for those in my response.

If those items werent enclosed I could ask for them, at a loss as to what to do since all that was already included.

Did you review this thread?
http://www.bkforum.com/showthread.php?t=55245

The "no signature" defense worked there, and surprised us all. Just because they have statements with your name and address doesn't really prove it was you. It could have been identity theft, or your twin from an alternative universe.

Does the amount they are suing for agree exactly with the amount shown on the last statement they included? You could claim you disagree with the amount claimed if they are different. You could also just claim insufficient knowledge to admit or deny any of their claims - just ignore that they have sent you documentation. That should at least get you a hearing if delay is what you want. If they prove the debt is yours in court despite your written denials they will just ask for a summary judgment.