Received summons :((

[ssmdem]

Dang it!! Will be filing in two weeks -- ALMOST made it without getting sued. Received a summons from Chase today regarding our credit card. It says we have 20 calendar days to respond. My attorney is out this week, so I'll talk to her next week -- but what should I be doing? This is when I basically send them a letter saying "prove it" to buy time, right?

We're hoping to file some time the week of December 6th - haven't got a timeframe from the attorney yet as far as how long she needs once she gets our paperwork. Since we'll be filing before the actual 20 day mark hits, will I note on the correspondence that we've filed for bankruptcy? And since they will then have to stop all collection attempts, I'm guessing this won't cost us any extra in attorney fees???

[clevelandmom]

Hi ssmdem,
Don't panic. You have plenty of time before anything will happen. If you're planning on filing around Dec. 6th, that's only 2 weeks away. If you find that you're getting too close to the '20 day' mark and you're uncomfortable, you can file a Request for Extension of Time to respond to the Complaint. Just list your reason as you are getting together your paperwork. Even if you pass the 20 day mark, it still takes quite a bit of time before they get a default judgment against you. Hang in there my friend and just plan on getting filed in the next couple weeks if you can. Best of luck!!

[CAPPUCCINO1]

Likewise, received our first summons (via police officer at the front door.....slightly intimidating) from Chase. We rushed to finish up our paperwork and filed today at the attorney's office. He said that by beating the 20 day deadline (tomorrow), the letter would go out to Chase's attorney that would stop all further action. Our attorney suggested that it would be a waste of time and money (his time....our money) to reply or show up for a hearing, since all we would do is reaffirm we owe the money....which we do. So he said it would just be more efficient to get it all done and filed, rather than respond to a claim which will just be affirmed by the court and which might risk some attempt to attach our bank account; put a lein on the house or some other problem that would be more difficult to address. Good Luck!

[ValleYum]

So how much did you owe Chase? Was it CC or a mortgage? How long after you stopped paying? I have a mortgage and 2 CC with them and would be ever so appreciative of the info (if you feel comfortable sharing).

Good luck to you both!!

And Cleveland Mom? You are an awesome cheerleader!

[oregonpilot]

Likewise, received our first summons (via police officer at the front door.....slightly intimidating) from Chase. We rushed to finish up our paperwork and filed today at the attorney's office. He said that by beating the 20 day deadline (tomorrow), the letter would go out to Chase's attorney that would stop all further action. Our attorney suggested that it would be a waste of time and money (his time....our money) to reply or show up for a hearing, since all we would do is reaffirm we owe the money....which we do. So he said it would just be more efficient to get it all done and filed, rather than respond to a claim which will just be affirmed by the court and which might risk some attempt to attach our bank account; put a lein on the house or some other problem that would be more difficult to address. Good Luck!

OOOOHHHH ssmdem you're soooo close. I think you're gonna make it
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CAPP1.......Congrats on getting filled. Another step closer.
BTW. love your avatar pic

[CAPPUCCINO1]

Vallee Yum
We had 4 cc, two were older companies that went defunct and sold to Chase. The funny (not really) part was that they had "charged off" 2 of the 3 in my husband's name, both for more than the one they are suing us for. The charged off cards were older and we hadn't heard anything from either one since early 2010, so guess they really did give up on collecting from us. The one in the suit was for about 8,000 and the two that were charged off were 12,000 and 15,000. Go figure. 50-75% of all 3 were used to pay off my husband's medical expenses, so no difference in what was on them either. oh yeah.....forgot to answer about the attorney's fees. Nothing extra; he said it was all "within the bankruptcy".

[CAPPUCCINO1]

---------
CAPP1.......Congrats on getting filled. Another step closer.
BTW. love your avatar pic[/QUOTE]


Thank You. I want to relate to a rose trying to make it up between the thorns (..uh, that would be collection agencies, trustees, cc companies)....although there are many days I feel like a dandelion whose life may soon be ended by Round Up :0}.

Your kitty is gorgeous !

[SunshineGal]

IF you have already filed, then the attorney will send a suggestion of bankruptcy to the court which will stop all further proceedings. Most likely, the attorneys for Chase will dismiss the suit.

[dumpinmydebt]

I would reply to the summons. You might as well. It won't hurt you. It bought me a ton more time. This is what I said in regards to the summons I received (Case No & Info on top):


The allegations of Paragraph #1 are denied for lack of knowledge about the truth and sufficient information to justify a reasonable belief therein.

The allegations of Paragraph #2 are denied for a lack of sufficient information to justify a reasonable belief therein. Defendant calls for strict proof of contested allegations.

Wherefore, Defendant requests that this lawsuit be dismissed.

Respectfully,

XXXXXX

[tcreegan]

Hi CAP,

The one in the suit was for about 8,000 and the two that were charged off were 12,000 and 15,000. Go figure

....I don't even try to go figure anymore, what these large financial outfits do nowadays boggles my mind!

Your atty has the right idea, get the BK filed and have the suit dismissed = easier than getting a judgement then getting it vacated.

dump has it right too, these judgement suits are pretty easy to stall if you need more time.

.....forgot to answer about the attorney's fees. Nothing extra; he said it was all "within the bankruptcy".

For a 'rose trying to grow up between the thorns' nothing better than a good gardener...

Happy Thanksgiving!

Tom in Colo

[mb5941]

dumpinmydebt,
how much more time did it buy you I need to do the same thing

[pikaroth]

How often does this happen? It's gut wrenching to read about, say, someone who has not made a CC payment in a month or so getting sued, yet others have not made a payment in six, seven, or MORE months and nothing happens. I've only not been paying for over a month now (so far only phone calls), but I cannot file until the end of January, so reading posts like this make me sick for both the person going through the situation and myself thinking it might happen to me.

I wish you, and everyone else in our boat, the best of luck and please keep us posted.

[ssmdem]

This account is a credit card, though we do have our mortgage with them as well. Balance on the credit card is $25K. Last payment was in April. They started getting serious with us, threat-wise, in about September. End of September we paid the retainer to our attorney and told them we would be filing shortly. They said at that time they would contact us again if they hadn't heard from us in 30 days. We haven't heard another peep out of them until the summons yesterday - so they essentially waited another 60 days. I'm not real worried since I know we're filing soon. Haven't talked to the attorney yet becuase of the holiday week, but hoping she can get this filed soon, as in before the 20 days. I do know she said before if we got sued to just respond with a "prove it" letter, and that would buy us enough time to get the filing done - so not thinking it's a big deal. Just hoping it doesn't cost me much more in attorney fees.

Ironically, we haven't heard a word from them about the mortgage which we quit paying at the same time. ???? Just riding it out until they foreclose at this point.

[ssmdem]

How often does this happen? It's gut wrenching to read about, say, someone who has not made a CC payment in a month or so getting sued, yet others have not made a payment in six, seven, or MORE months and nothing happens. I've only not been paying for over a month now (so far only phone calls), but I cannot file until the end of January, so reading posts like this make me sick for both the person going through the situation and myself thinking it might happen to me.

I wish you, and everyone else in our boat, the best of luck and please keep us posted.

You will be fine. The phone calls drove me insane but you can easily make it until January with no worries about a suit.

[ssmdem]

I would reply to the summons. You might as well. It won't hurt you. It bought me a ton more time. This is what I said in regards to the summons I received (Case No & Info on top):


The allegations of Paragraph #1 are denied for lack of knowledge about the truth and sufficient information to justify a reasonable belief therein.

The allegations of Paragraph #2 are denied for a lack of sufficient information to justify a reasonable belief therein. Defendant calls for strict proof of contested allegations.

Wherefore, Defendant requests that this lawsuit be dismissed.

Respectfully,

XXXXXX

Thanks - I'm sure my attorney is going to want me to respond just to buy the time -- but do hope it will get her to get the filing done ASAP. I'm ready to be done with all of this!