Served AFTER filing and BEFORE 341...What to do?

[tobee43]

Yes, but motions to vacate cost extra money to file. In the event they are not vacated, it becomes a major pain when you are trying to get a mortgage. Purchase contracts and rate locks have time limits, and if you have to spend extra time vacating a judgment it could get quite expensive. Trust me, I have seen plenty of loans go south because something like this fell through the cracks.

it's true one must be their own advocate to assure all these things to not fall through the cracks and end up as skeletons in your closet to come back to bite you in the future...i hear you loud and clear on that.

the ONLY judgment that cannot be vacated is a secured debt....

also...i know in nj....someone had to pay the atty $600 for each motion to vacate each judgment separately....and i have also heard in some areas the atty's actually include it with the cost of the bk??? go figure.

however, as i stated...i would, if it were ME...i would answer the summons and deal with the situation straight forward...also g is going it pro se which presents more hurdles to jump over, however, not impassible .

additionally...sunshinegal...while you and i may be worried about getting a mortgage in the future, frankly many people are not. for me...i want to buy this house one day...so i have made every move to make certain i have nothing scary hiding in my closet!!

[AngelinaCatHub]

gman you are pro se, yes? Here is a link of interest you may find useful: http://www.uscourts.gov/FormsAndFees...ptcyForms.aspx

Yes I agree with all who say to always answer a summons. A simple letter would do as the firm was on the matrix, but don't take a chance. 'Hub

P.S. there are scammers who attempt to scare up suits that they don't own or have an interest in. Some work some don't but they get enough people who will attempt to "settle". In some cases the debt is not even the person who has been approached by these jerks.

[gman]

gman you are pro se, yes? Here is a link of interest you may find useful: http://www.uscourts.gov/FormsAndFees...ptcyForms.aspx

Yes I agree with all who say to always answer a summons. A simple letter would do as the firm was on the matrix, but don't take a chance. 'Hub

P.S. there are scammers who attempt to scare up suits that they don't own or have an interest in. Some work some don't but they get enough people who will attempt to "settle". In some cases the debt is not even the person who has been approached by these jerks.

I found out this morning that the original creditor ASSIGNED the debt to a collection agency - they did not SELL it to a collection agency.

The collection agency then farmed out my case to a local lawyer. He is the one who filed the case listing the original creditor as the plaintiff.

Though the collection agency's headquarters was aware that of my BK filing - they tell me that the local lawyer likely did not know (as he filed the case 2 weeks after I filed my BK.)

In any event, I am filing the Suggestion of BK with the court (and sending a copy to the local lawyer.)

I am also filing an official answer - denying the debt (for now) and questioning if the plaintiff still has a legal right to collect the debt (as they likely sold it off via securitization) as well as the amount of the debt (as all they produced in the summons was a copy of the HELOC Agreement and a copy of the HELOC security deed.)

Anything else I should include in the affirmative defense at this point?

Anything I should ask for via discovery?

[gman]

Update

* Filed a Suggestion of Bankruptcy at the Courthouse today. Cost = $0.00 except time and gasoline. Sent a copy to opposing counsel.

* Last week I had sent the opposing counsel a certified letter letting him know of the BK I had filed. As of today, he has not dropped the case according to the Clerk.

* Am still going to file an Answer to the Complaint (Summons.) Had to have the Suggestion of BK filed first so I could reference it in my Answer to the Court. Also - and this may help some people - the Complaint itself is rather sloppy and short. It contained the principal, interest and legal fees claimed to be owed but did not even state an account number! In addition, the only items included in the Complaint were a HELOC contract and Deed. No statements, tallies, etc. to support the amount suggested to be owed. Legal fees alone were close to $5,000 - which seems excessive seeing so far they have sent one form letter and then a Summons. Anyway - my answer will state I do not have enough information to agree or deny with their claim (along with the obvious fact of the BK.)

[SunshineGal]

I honestly don't think you need to file an answer at this point. The Suggestion of BK will stop the lawsuit. Then again, remember, I'm not an attorney.

[gman]

I honestly don't think you need to file an answer at this point. The Suggestion of BK will stop the lawsuit. Then again, remember, I'm not an attorney.

I only wonder legally - in a worst case scenario where my BK is dismissed - and the case gets "reopened" - have I lost my ability to respond OR does the 30 day clock to respond restart?

Anyone out there know the legal answer?