Target has sued me...10 days to respond???

[nickifan]

I had yesterday's thread about having the process server's notice on my door. The advice here was to just get it over with so I did and he came tonight and handed me the paperwork. It's stamped that they received it Dec. 13. so seems odd that yesterday appears to be the first attempt to reach me. It's in the local Justice Court, Justice of the Peace. (Is this actually small claims????)

Target National Bank (via the law firm/debt collectors Ruash, STurm, Israel, Enerson & Hornik, who call EVEYR DAY) is suing for $2235 -- one of my lowest creditors!! Here I thought BkofA would be the aggressor...but who knows, the year is young.

I'm too tired and depressed right now to read thru all the various stickies...I plan to email tomorrow the attorney I would hire for BK...do they possibly do something on your behalf in this? She probably knows the justice of the peace, their office appears to be down the street from her.

I know when I asked her several months ago about what happens if I get sued she just wrote back that "you need to act quickly once you are actually served with a lawsuit." So literally "I" need to act, or she can do something first? I sure don't have the money...if I really need to file Ch 7 quickly, I have to worry about finding the $1750 for HER.


In an unrelated vein...early on I kept a spreadsheet on all the creditors, their addresses, and what I owed...but now most of them have gone on to 1 or 2 debt agencies since. Am I responsible for the "provenance" of who's "in charge" of whatever card at this point? The thought of trying to pull all that together is so depressing.

Thanks for all thoughts, NF

[free2breathe]

I think I remember in the other thread that Tom (perhaps) mentioned that wage or bank garnishment in TX isn't something that happens easily if at all, so as far as that aspect goes, you probably are ok. If the creditor gets a judgment, once you file bk, that debt will be included and discharged. Once it's discharged, you would have to file a Motion to Vacate the judgment to get it off your records. The advantage to filing before the judgment is awarded is that you don't have to worry about all the legal processes to have it vacated.

As to your other question. On your Schedule F, your attorney will list your original creditors with the amount owed and then the CAs where the debts have been transferred/sold so that they will all be notified. It's great that you were organizing the info. It won't take much to connect the dots from original creditor to the CA.

[sjades]

Hi Nickifan,
Since you're getting sued and can't afford to repay the debts, your best bet may be C7. If you're nervous and feel that a lawyer can really walk you through this, then see if there's a payment plan that they can offer (we interviewed a few before we decided to file pro se and most of them offered a payment plan). It will take some time to pull everything together (whether or not to hire a lawyer or file pro se...you still do all of the work for the numbers etc.), but it will fall into place if you take it a step at a time. Would suggest getting the NOLA book to reference and this forum has been incredibly informative and helpful. If you don't have any assets and your case is not complicated, you should get through it smoothly with a competent lawyer.

As to the last question, if I'm reading it right. You should address anyone who has been put in charge of your debt on your creditor's matrix when you file (on our sched f, we put the original creditor and the last agency within 30 days of filing). On the CM, we put any and every agency that ever sent us a letter (in the last 2 months before filing) to collect and ended up with over 60 addresses. Also get your credit reports from all three agencies...you can cross check addresses there as well. Sometimes, the cc company and the collector are both trying to collect at the same time and it's safest to put the original creditor and anyone else they've hired to collect or sold their receivables to. Get your cc files in order and put the credit card company and associated collectors' notices in date order, get your credit report, and go from there. It will take a few days, but you will feel secure in knowing you've addressed anyone who has any interest in your debt. Hope this helps! We've avoided filing for so long but things haven't gotten terribly better and then we got wind of the suits via ads to represent us and decided it was time (sued in early fall and JUST got served this week...i didn't understand the length of time either). Also, the ones suing were some of the lower debts too. No telling how all of that is decided). The stigma associated with filing and the guilt that we weren't paying our debts were there, but we just felt that we were left with no other choice. When we filed C7 in December, I cannot tell you what an emotional and financial (fingers crossed) burden was lifted from our shoulders. It's not over until it's over, but it was a step in the right direction. We wish you well with your decisions ahead and hope this has helped (sorry so long!). Shel

[AngelinaCatHub]

Posters #2 and 3 are both very correct.

First, get some rest. After that, answer the subpoena. Ask for detailed info and bring up the date situation.

If you are going to bk, as both stated, it can be vacated. Better not to get a Judgment though so stall it if you can.

TX and FL are the best states for protection IMHO.

Do not exacerbate your situation over worry. If you are going bk that Nolo book is great as mentioned. Good luck. 'Hub

[nickifan]

Posters #2 and 3 are both very correct.

First, get some rest. After that, answer the subpoena. Ask for detailed info and bring up the date situation.

If you are going to bk, as both stated, it can be vacated. Better not to get a Judgment though so stall it if you can.

TX and FL are the best states for protection IMHO.

Do not exacerbate your situation over worry. If you are going bk that Nolo book is great as mentioned. Good luck. 'Hub

Thanks much, everyone. I'm just so TIRED of thinking tonight.
Hub, what do you mean by your sentence that I boldfaced? And stall how?? They are missing a number from my apartment number, but of course I'm "me" and this debt is "mine" so I can't get them on much <G>.

I realize now that I'm very confused about what is required here. The first page says show up on the first Monday after 10 days of service; then these "interrogatories" attached are supposed to be filled out in writing and returned within 30 days?? What am I supposed to do?? Show up for court and just stand there??

[tcreegan]

I would go to the court and file for an extension of time...the beauty of this is that it buys you time b/c you have to wait for the judge to approve or deny it....

Tom in Colo

[btbeme]

I realize now that I'm very confused about what is required here. The first page says show up on the first Monday after 10 days of service; then these "interrogatories" attached are supposed to be filled out in writing and returned within 30 days?? What am I supposed to do?? Show up for court and just stand there??

What is your estimated time frame for filing your BK? You can buy extra time by filing an Answer with the court, where you have the opportunity to deny their accusations and ask them for proof of certain accusations (also called "interrogatories"). Depending on the court and the state, that will buy you some time, typically 30 to 60 days, before anything moved forward.

The court website will have details on how and where to file an Answer, and may also provide a form for doing so (this is usually pretty easy stuff). People here in these forums have filed many of them...