summons

[notme]

hello everyone,Just have a quick ? I filed bk on feb.28th received a summons from household finance on the 8th of March that I am being sued. Are they able to do that? Or did it cross somehow? The sheriff was really rude too. Talk about embarrassing.

[gak555]

What type of loan was it ?

[notme]

What type of loan was it ?

Its a unsecured personal loan line of credit/

[keepmine]

Does not matter what sort of loan it was, you are protected by the automatic stay the moment you file bk.
Get that sumons to your attorney. Different districts hanndle it in different ways. In my county, lawyers will file a motion titled "A Suggestion of Bankruptcy". They'll give the filing number and date filed and ask the judge to dismiss the case until the bk is sorted out. They'll file one copy with the court and serve another copy on the creditors attorney. You don't want a defaukt jusgment slipping through the cracks.

[jane taylor]

Yes, you are protected by the Automatic Stay, but you need to notify your attorney immediately. Things like this do happen and that is why you are paying an attorney. Good luck and keep us posted!

[Minnymouth]

BE SURE, that your attorney files you bk papers with the Court about your bankruptcy or you appear at the hearing for the law suit to notify the Court....
If you do not - they will be granted an automatic judgement that you will have to go back and fight at extra expense to you.....
They have filed at the same time you filed bankruptcy so they were not notified yet of you filing BK....
Easily taken care of, but follow procedures....

Minny

[notme]

Thanks everyone for your replies. I did contact my att. and all they had me do was fax them a copy of the summons and said they would take care of it. I did check up with my att. to make sure they received the fax and they said they did and they notified household. My att. just makes me alittle nervous because they were suppose to file my bk on the 17th of Feb and never did. I called them on the 28th to see why I wasnt on pacer yet and they said it was going to be filed that day, with no explanation for not being done on the 17th. If it would have been done when they said I would have never received this summons so Im alittle ticked that this could have been prevented. I just hope their doing there job!

[Minnymouth]

Just as a followup on your attorney,
Check with the Court house before the day of your hearing on the lawsuit and make sure that the hearing as been dismissed from the docket for the day.....
Doesn't hurt to keep an eye on what your attorney is supposed to be doing....
If he says its done - check behind him....... valuable lesson learned by me...........

Minny

[notme]

Just as a followup on your attorney,
Check with the Court house before the day of your hearing on the lawsuit and make sure that the hearing as been dismissed from the docket for the day.....
Doesn't hurt to keep an eye on what your attorney is supposed to be doing....
If he says its done - check behind him....... valuable lesson learned by me...........

Minny

Thanks minnymouth, I was able to look online at the docket report for our case and it says the status is still open. Does it take some time for it to close or should I contact my att.