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Why would a company sue you then not serve you ? Or follow thru with a judgement ?

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    #1

    Why would a company sue you then not serve you ? Or follow thru with a judgement ?

    I was sued by 2 different banks. One has never served me. I spoke with there attorney and told them I knew about the case and my attorney is handling things for me. He said he would mail out a service letter for me to sign, but her never sent the letter and have not heard anything back. Knock on wood The other company sued me twice both different credit cards. The first lawsuit default was denied. The second on they did win and got a judgement on me but have not filled a judgment yet. This case is from march 2010 and now says OSC - Failure to File Judgment. So what is the purpose of filing these cases if your not going to follow thru. Is it cause I have an attorney or know im insolvent or are they just plain lazy. I looked over many other cases and not one of them didn't follow thru. Has anyone had this happen ? Weird to me but I'm sure someone on this board can enlighten me..


    I mean on the first case they didn't even try and fake service and sue.... just filed the suit and never followed up... P.S. these cases started back in 2009
    Chapter 7 - Filed 11/28/2010 <> 341 Meeting - Done 12/28/2010 <><> Report of No Distribution 12/28/2010 <><><> 60 Day Club <><><><>Discharged 3/1/2011<>>
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    #2
    I don't understand your post. If the creditor was awarded a judgment than it's been granted and is on public record. They may not have gone after your assets yet, but they can and will given enough time.

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      #3
      The credit has to do more than just file a case. It is the court directing the plaintiff to appear and show cause why the case should not be dismissed for the plaintiff ‘s failure to submit a proposed judgment. What Im asking is why do they not follow thru. just does not make sense to me.
      Chapter 7 - Filed 11/28/2010 <> 341 Meeting - Done 12/28/2010 <><> Report of No Distribution 12/28/2010 <><><> 60 Day Club <><><><>Discharged 3/1/2011<>>

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        #4
        If they found out after filing the case that you are insolvent and/or planning to file bankruptcy, they probably decided not to waste the money getting a judgment.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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          #5
          Good answer now all I need to do is put they off for 2 more years so they do not refile and then I can have it dismissed due to the statue of limitations.
          Chapter 7 - Filed 11/28/2010 <> 341 Meeting - Done 12/28/2010 <><> Report of No Distribution 12/28/2010 <><><> 60 Day Club <><><><>Discharged 3/1/2011<>>

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            #6
            Hi BKHELP138,

            Why banks and credit card companies do what they do is a mystery for the ages.....

            You need to apply my brother Eds law: never attribute to malice anything adequately explained by incompetetence

            Curious, why you are trying to wait out the statute of limitations.....aren't you going to file BK?

            Tom in Colo
            Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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