adversary proceedings

[frogger]

This attorney at Beckett and Lee said the file "just showed up on his desk" last week.

It just "showed up". No one knows how it got there. Must have been them gremlins moving things around.

Ignore them......

[gello]

I would ignore. Same thing happened to me and my attorney told me to ignore it and see what happens. And nothing did. And I was well within the 90 period. Although mine were just balance transfers.

[ddye01]

thanks to all who replied. I will update the board and let you know the outcome. My discharge date is Aug 30th. Keeping my fingers crossed!!!!!!

[ddye01]

OK. Discharge date is for next Monday Aug 30th. Beckett and Lee first wrote my attorney a letter giving me the deadline of 5pm this past Monday. I chose to ignore them. I checked in today to see if they had heard anything and they told me the Beckett and Lee office called my attorney's office last week and "left a voice mail threatening adversary proceedings if they didn't hear from me."

What gives? You send a letter giving me a deadline of 5pm Aug 23rd and you call with a threat on Aug 19th??????????? Doesn't make sense to me. Needless to say, my attorney's office called them this Monday and left a voice mail saying they were returning the call, but nobody responded. Is this just more bluffing? Why issue an ultimatum and then follow up with more threats before the deadline?????

Also, if my discharge date is Monday the 30th? When would they have to file? By the end of the day this Friday or the end of the day on Monday?

thanks

[gello]

OK. Discharge date is for next Monday Aug 30th. Beckett and Lee first wrote my attorney a letter giving me the deadline of 5pm this past Monday. I chose to ignore them. I checked in today to see if they had heard anything and they told me the Beckett and Lee office called my attorney's office last week and "left a voice mail threatening adversary proceedings if they didn't hear from me."

What gives? You send a letter giving me a deadline of 5pm Aug 23rd and you call with a threat on Aug 19th??????????? Doesn't make sense to me. Needless to say, my attorney's office called them this Monday and left a voice mail saying they were returning the call, but nobody responded. Is this just more bluffing? Why issue an ultimatum and then follow up with more threats before the deadline?????

Also, if my discharge date is Monday the 30th? When would they have to file? By the end of the day this Friday or the end of the day on Monday?

thanks

Sounds like they are bluffing. Similar situation that I had. Unfortunately, they have until midnight Monday, which was the same scenario I had. Stressful Monday it was indeed. You can check the PACER and it would show up there immediately if anything is filed, but I think you are in the clear.

[ddye01]

sorry to bug you, but what is "PACER" and how do I go about checking it and how?


many thanks!!!!!


Yes,
If I make it through this and don't have to payback anyone.....I am having a drink!!!!!

[keptdigging]

Their case isn't all that strong. I wouldn't consider negotiating with them until they've actually filed an AP with the court. Which I'll doubt they'll do.

Also the amounts in question aren't really that large. They risk their own attorney's fees plus yours if they file an AP and lose. That's 8-10K for a 7K debt. And even if they win, it's likely they'll have to sell the paper at a deep discount.

Remember it's negotiable until the day it goes to trial, whatever threat they make.