What if I don't show up to Court?

[Susan]

I haven't yet started Chapter 7.
I have to be in court in Sept. for a bank suing me.
Question :

If I have not yet started Chapter 7, and if I don't show up to court,
meaning they win, can this case still be included in the Chapter 7,
when I file on a latter date?
Or, if they win, does it mean I have to pay it, no matter what,
even if I file Chapter 7 at a later date?
I don't see any point in going to court and would like to avoid it.
Thanks

[IBroke]

That case/judgement/debt would still be discharged in a later BK.

[tcreegan]

judgemnent hassle

Been there done that.....if you just don't show up, the bank gets a default judgement against you. That allows them to garnish wages, freeze bank accts, etc. in an attempt to collect the debt. None of this happens very fast and it all ceases to a halt the minute your file for BK. After it is all over, you will have a judgement showing on your credit report. (and it really lowers your score)
You get rid of it by going to the court where the judegement was decided and file papers to get the judgement vacated. Or...you start writing a letter campaign to the credit bureaus. Enough letters they will take it off.

Or (better method)

Show up in court and ask for a continuance (a delay) and request the plaintiff mail you a last statement, signed credit agreement, and, if gone to the collectors, a paper trail showing who bought what and when. (sometimes this is call "discovery" time.) Ask for a month or two.

Now you file BK, send the BK notice to the court and to whoever is suing you. The court should dismiss the case. Game over.

Hope so of this helps,

Tom in Colo

[OhioFiler]

I haven't yet started Chapter 7.
I have to be in court in Sept. for a bank suing me.
Question :

If I have not yet started Chapter 7, and if I don't show up to court,
meaning they win, can this case still be included in the Chapter 7,
when I file on a latter date?
Or, if they win, does it mean I have to pay it, no matter what,
even if I file Chapter 7 at a later date?
I don't see any point in going to court and would like to avoid it.
Thanks

If you plan to file bk relatively soon after this case is set to be heard I recommend you file a motion for continuance with the court suggesting to the court you need time to find an attorney to defend you in this proceeding. The judge will extend your hearing date at least 30 days for you.

I would not suggest ignoring a court appearance. Go and offer defenses to their claims. Force them to prove their case. Delay the judgment as long as possible.

[AngelinaCatHub]

Even though all above are correct, it takes extra efforts to get a Judgment removed. It does not just fall off after bk discharge.

It is not good to get a Judgment and if you can avoid it, do so. Upon recording the Judgment, they can IMMEDIATELY attempt to collect and seize your bank accounts. Not that they would, but if they had any inkling that you may bk, they COULD. As other said, ask for a continuance and also proof of all debts as you are not sure they are all your charges, and contest any fees. The Judge does not always grant a continuance so do your best not to accept the Plaintiffs figures and require time to "gather information" called "discovery".

By all means do go to Court to respond. 'Hub

[wnguyen]

Susan

Many people in this thread gave you advices that I found very good and useful. Allow me to rephrase what they wrote and add some of mine

Usually when you get sued by the bank, you stand little or no chance of winning unless they don't show up in court, which is unlikely. Then they win and get a judgment against you. Once the bank got the judgment, they'll petition the court to get $$ from you by various ways such as wage garnishment, lien on your property, etc. This may take a few months. To stall or slow them down to buy you more time until filing BK, just show up in court, ask for a continuance and proof.

When you file for BK, all activities to collect $$ from you you immediately stop. BK makes the judgment inactive so the bank can't do anything to get $$ from you but it doesn't make the judgment go away. In order to do this, you have to hire lawyers with specialty in this area. That's what I remember the lawyer from my law firm said.

[Susan]

Thanks everyone, the advice really helped.

>> Show up in court and ask for a continuance (a delay) and request the
>> plaintiff mail you a last statement, signed credit agreement, and, if gone to
>> the collectors, a paper trail showing who bought what and when.

How do I ask for a delay/continuance?
Can say "need time to find an attorney to defend you in this proceeding"
as OhioFiler said.

The summons was from a Law office so I'm guessing they are representing
the bank and their lawyers will be there.

[tcreegan]

get answer form from clerk

Hi Susan,

To file for a continuance, you go to the court where you are being summoned to, find the court clerk and ask how you file an answer. They will have some kind of document you fill out and file with the clerk. There may be a filing fee for this, but they may also have some kinda hardship waiver...fill out more forms and give to the clerk.

You should get some official paper from the court giving you a new date to appear. About a week before this date, file another answer asking for something else. Repeat as necessary.

If you do get a judgement against you, empty your bank accounts. File the BK asap. Once you get your BK notice w/ the case # and file date, take this to the court clerk and file it with them.

After your BK case is discharged and closed, ask the court clerk what the procedure is to have a judgement vacated. Follow the instructions.

Good luck with this, post any questions, there are a bunch of us who have been through this same thing!

Tom in Colo