So, I am filing chapter 7 on or around May 20th. I was recently dismissed from my ch13. The credit union that we had a car loan and CC through has now retained an attorney and plan to sue us. I have 30 days to respond to this letter, disputing this debt. I am wondering if calling this law office and telling them I plan to file ch7 in May is a good idea, or should I respond at all?? Help....
-
-
I guess Im looking for time frames on this one! If I have 30 days to respond and do nothing, then how long will it take for them to be granted a judgment? If I do respond and dispute the debt, then what is the next step..anyone?? -
Do a little bit of search on the forum, I'm certain that there are samples of such responses posted...you should respond, basically not denying and not admitting to the debt in question.
Do NOT call them and tell them anything.
If they get a default judgment, the garnishment is likely just around the corner, a couple of weeks later...so your best bet is to try and prolong this as much as you can...you should be able to make it through with no issues.
My $0.02 only...
Good luck.No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.Comment
-
First, I'm not an attorney, but was it a threatening letter sent US mail from the creditor's attorney? OR, was it delivered via process server?
It sounds like the attorney just sent a form letter stating call the office or else. IF that is the case, it may not hurt to call them and let them know you can't afford to pay and are talking to attorneys to discuss your options. You'll get conflicting opinions here, but one thing I came to learn during my experience is an attorney doesn't want to waste his time or money. Now, if it was an offical complaint through the court than telling them you're filing BK probably won't help you, it isn't a valid defense and won't stop a summary judgment. If you search the forum you'll find tons of threads on this topic. Some have had success, but we weren't one of them.
Comment
-
Im SO glad you posted! I just re-read the letter. It had the "letterhead" of an attorney. The actual letter stated "this is an attempt to collect a debt" and it was signed by a "Collection Manager".....Originally posted by SunshineGal View PostFirst, I'm not an attorney, but was it a threatening letter sent US mail from the creditor's attorney? OR, was it delivered via process server?
It sounds like the attorney just sent a form letter stating call the office or else. IF that is the case, it may not hurt to call them and let them know you can't afford to pay and are talking to attorneys to discuss your options. You'll get conflicting opinions here, but one thing I came to learn during my experience is an attorney doesn't want to waste his time or money. Now, if it was an offical complaint through the court than telling them you're filing BK probably won't help you, it isn't a valid defense and won't stop a summary judgment. If you search the forum you'll find tons of threads on this topic. Some have had success, but we weren't one of them.Comment
Comment