Been Served should I go to court or not?

[sofargone]

Sorry I am new to all of this...

I was served with a summons a couple of weeks ago and have a return date this week. I am on the fence about showing up or not because.. 1. I would have to pay an appearance fee of over $100.00 and 2. I may loose anyway.

I met with a BK attorney last week and paid them a retainer. They sent a letter to this attorney saying that they are preparing to file BK for me. It is going to take me a few months to pay this attorney in full and I would rather have the $100.00 appearance fee go to the attorney instead of the court BUT I am scared to death of letting them get a default judgement against me..
any advice is greatly appreciated.

[keepmine]

Why are you afriad of a default judgment?
The debt creating the judgment will be discharged in your bk. You and your lawyer then can go back to the court that returned the judgment and get in vacated.

[blockhead]

Sorry I am new to all of this...

I was served with a summons a couple of weeks ago and have a return date this week. I am on the fence about showing up or not because.. 1. I would have to pay an appearance fee of over $100.00 and 2. I may loose anyway.

I met with a BK attorney last week and paid them a retainer. They sent a letter to this attorney saying that they are preparing to file BK for me. It is going to take me a few months to pay this attorney in full and I would rather have the $100.00 appearance fee go to the attorney instead of the court BUT I am scared to death of letting them get a default judgement against me..
any advice is greatly appreciated.

I'd file an answer with the court. I cannot affirm or deny type response. There are examples on this forum. This should kick the ball down the road a few months.

[sofargone]

Why are you afriad of a default judgment?
The debt creating the judgment will be discharged in your bk. You and your lawyer then can go back to the court that returned the judgment and get in vacated.

Worried they will come after bank accounts etc... It will probably take me 6 months to pay my lawyer to file. They wont file until paid in full.

[sofargone]

I'd file an answer with the court. I cannot affirm or deny type response. There are examples on this forum. This should kick the ball down the road a few months.

I would deny everything, I am just wondering should I pay the fee? That's $100.00 that could go to my lawyer to file.

[johnnycakes]

Appearance fee?

The court wants to charge you a fee to defend yourself? Gotta love that.

You should file an answer along with a motion to waive fees because you are insolvent.

[sofargone]

Appearance fee?

The court wants to charge you a fee to defend yourself? Gotta love that.

You should file an answer along with a motion to waive fees because you are insolvent.

I know! Can you believe that? I'm going to show and I'll let you all know what hhappens.

[sofargone]

Went to court, there was no fee. Case is being continued.

[ryan]

Good For you!....you have to look at each event as a small win, imo.

[jenbow]

I'd file an answer with the court. I cannot affirm or deny type response. There are examples on this forum. This should kick the ball down the road a few months.

where would I find some samples of the answers to a civil claim suit? We got served last night too.

[sofargone]

Jenbow, what state are you in? I am in Illinois where I didn't have to file an answer. If you must file an answer, deny everything ecept your name and address of course. Make them prove that you owe the debt. Admit nothing. A good response might be: Defendant lacks sufficient evidence.. Denied.

[blockhead]

Jenbow, what state are you in? I am in Illinois where I didn't have to file an answer. If you must file an answer, deny everything ecept your name and address of course. Make them prove that you owe the debt. Admit nothing. A good response might be: Defendant lacks sufficient evidence.. Denied.

Or "I cannot affirm or deny based on the information provided". At least that's what my attorney told me to say. Make sure it is filed on or before the date due and get a copy stamped by the court. Check the 'rules for civil procedure' in your state. You should also send a copy certified mail to the law firm that issued the summons.