Order of Notice

[pmac123]

Well I FINALLY did it! I filed on 2/15/1011!!!
So this morning I'm sitting here minding my own business and the Sheriff shows up at my door with a notice of contempt hearing : affidaveit of non-compliance. Has this happened to anyone else out there? Do I need to go to court or can I just call the attorney for Discover? I thought the automatic stay would take care of this and it probably would have except dates overlaped! Thanks once again for your help and support. It's feels good to know I'm not alone!
Paula
ps: Filing myself

[chicagoannie]

Are you sure the contempt of court/non compliance affidavit pertains to Discover, and not some other civil matter?

What, specifically, does the paperwork the sheriff served you with say?

[pmac123]

I'm sure ...been through this with them before. I was ordered to pay but when I stopped payments, I stopped all payments . I guess I just go and tell them I filed?

[AngelinaCatHub]

I'm sure ...been through this with them before. I was ordered to pay but when I stopped payments, I stopped all payments . I guess I just go and tell them I filed?

I believe that is all you need to do. I don't know the terms of your state but I think something crossed in timing and the stay will stop any further action. 'Hub

[SunshineGal]

Send a suggestion of bankruptcy to the plaintiff's attorney and also make sure it's filed with the court.

[chicagoannie]

I think that the notice is from the court because the OP failed to do something court-ordered (payments) so she'll need to go to court, explain to the judge why her payments stopped and show the court her BK paperwork. Contacting the Discover attorney will not be enough. I'm sure one of our forum legal eagles will clarify this!

[SweetGeorgia]

I'm guessing there was court-ordered post-judgment discovery stuff? We had that; we were supposed to answer a bazillion written financial questions, and when we didn't do it - the creditor's attorney asked for a contempt order. Nice.

Make sure the attorney knows about your filing (fax something) but do also make sure the court/judge know about it. Unless you get absolute certain confirmation that the hearing is called off, show up for it. And bring your bankruptcy filing papers with you.

In my state, it's possible for a court to hold you in contempt even after filing bankruptcy - although it's RARE and only when the person really thumbs his nose at the court...but still. No need to piss off a judge, you know? Better to show up for *nothing* than miss something important.

And congratulations!

[pmac123]

Thanks all ...if I don't hear its been called off I'll just show up...no big deal for me!