in process of doing a car refi

[fatjay]

So I am being sued and need to move somewhat quick on my file....here is the question my girlfriend and I have a car that is joint financed but she just refinanced it in her name only...it will take a couple weeks for the banks to process the info and make the payment to the current lien holder...should I cointinue or hold until that issue is resolved.

[fatjay]

anyone???

[mrskal]

How much do you owe on it and how much is it worth?

[fatjay]

We just bught the car a couple months ago first payment is just coming due...owed 18k worth less then that Im sure

[tcreegan]

Hi fatjay,

So I am being sued and need to move somewhat quick on my file ...for a simple $$ suit (ie. credit card) it is pretty easy to stall for a month or so, and even then there is a time period b4 they can actually start to collect.. .rushing a BK is generally not a good idea...

it will take a couple weeks for the banks to process ...back in the day this was the timeframe, but w/ todays technology this seems really slow.

...hold until that issue is resolved. waiting until it is resolved would be best, BK is complicated enough!!!

Good luck w/ your filing,

Tom in Colo

[fatjay]

that does sound like the way to go and its what I want to do just in case not to screw up the refi......i was served a summons on oct 24th and have 20 days to reply though, that deadline being this week....will it move direct to judgment or do i have some time to play with?

[jcj112562]

Just file a response to the summons, it is not that difficult, just respond that you do not feel the (whatever they are suing you for) is justified, etc...then you get a while before they calendar the suit for actual trial....then file for BK the day before and take the filing paper up to the court clerk, and voila...no more suit. I know that worked out well when I did it, but your mileage may vary, and I am certainly NOT an attorney...I just file BK like one...*chuckles*

John

[fatjay]

Copy that...just dont have the 300 they want to file the papers right now....how long after the 20 days noted on the summons do you think I have before they can garnish my wages??

[MeLLE159]

If you don't file a response then they will get a default judgment against you. Once that happens depending on the state you will have X number of days to pay. In Michigan its 21 days. If not paid they can think locare your bank accounts or garnish your wages. Its best to file an answer. I did for one and haven't heard anything an that was back in September. Now I'm filing on Monday.

[fatjay]

Looks like the time line will be close...my 20days was up this weekend but the refi will be final in 5 to 7 days...so I will just wait it out...the count down to file has begun...I should be filing early next week..wish me luck...my atty says there is nothing to worry about due to how simple and cut and dry my case is..no assests and very little moeny to deal with or show record of...

[tcreegan]

Hi fatjay,

If you didn't answer the summons, the creditor will be awarded a default judgement, probably on or close to the 20 day deadline.

In AZ the creditor who has the judgement then has to file for a writ of garnishment. They have to file papers at the courthouse then serve both you and your employer. Your employer has to respond, creditor has to go back to court, get an order, serve you again, .....wage garnishment is not going to happen very soon

Happens much faster for getting $$ from your bank acct. Creditor files for a writ of garnishment, serves the bank, bank has 3 days to serve you. Bottom line...get your $$ out of your accts. (they can't take the last $150 so you can leave this to keep the acct open)

btw, you need to list the case on line 4 of the financial statement form in your BK filing

Hang in there fatjay!!

Tom in Colo

[fatjay]

Hi fatjay,

If you didn't answer the summons, the creditor will be awarded a default judgement, probably on or close to the 20 day deadline.

In AZ the creditor who has the judgement then has to file for a writ of garnishment. They have to file papers at the courthouse then serve both you and your employer. Your employer has to respond, creditor has to go back to court, get an order, serve you again, .....wage garnishment is not going to happen very soon

Happens much faster for getting $$ from your bank acct. Creditor files for a writ of garnishment, serves the bank, bank has 3 days to serve you. Bottom line...get your $$ out of your accts. (they can't take the last $150 so you can leave this to keep the acct open)

btw, you need to list the case on line 4 of the financial statement form in your BK filing

Hang in there fatjay!!

Tom in Colo

I would hope that my atty would know that line 4 info..as far as the last 150 in my account...LOL...NOOOOOOOOOOOOOOOO PROBLEM...Im broke!!