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Help! Being Sued!

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    #1

    Help! Being Sued!

    Came home from work one evening last week to find court papers on my door step. Being sued over a credit card account.

    Filed Pro Se Chapter 7 the next morning. I'm down to my last few dollars and can't afford an attorney.

    Do I need to formally answer the lawsuit or is filing BK petition suffiicient with the automatic stay?

    Court summons says I have to answer within 20 days or a judgment will be entered against me.

    Need help. Clock is ticking on the 20 days.
    Tags: None
    #2
    You need to formally respond to the summons with, your bk filing number and ask that the case be dismissed.
    I'd also send a letter to the lawyer suing you informing him of the filing.

    Comment

      #3
      If you listed the lawsuit in your filing the court will be notified you can also go to the courthouse and show your BK filing and it will immediately stop the court case.

      Comment

        #4
        Originally posted by qwerty64 View Post
        Came home from work one evening last week to find court papers on my door step. Being sued over a credit card account. Summons says I have to answer within 20 days or a judgment will be entered against me.

        Need help. Clock is ticking on the 20 days.
        Correct me if I am wrong but if you came home to a summons on your front door - you were NOT processed "served" correctly.

        I looked up Indiana Process Server Laws.. http://www.processserversassociation...erver-laws.asp and rule 4.1 Service on individuals - there are 4 rules - by certified mail home, in person, by certified mail work and by lawyer. No were does it say "tape to the door"

        The process server must provide proof of service.. (D) Admission of service. A written admission stating the date and place of service, signed by the person being served, may be filed with the clerk who shall file it with the pleadings. Such admission shall become a part of the record, constitute evidence of proper service, and shall be allowed as evidence in any action or proceeding.

        Did someone in your household sign for the summons? If they didn't serve you correctly doesn't Chase have to go back start the process all over again? Shouldn't that buy you some time?
        Filed Pro Se: 11.12.2010 ~ 341: 1.12.2011 ~ Discharged: 3.9.2011 ~ Officially an Asset Case: 3.30.2011 ~ Last Day to File Asset Claim: 6.28.2011 ~ Trustee Final Report: 8.1.2011 ~ Asset Distribution: 8.31.2011 ~ Case Close: 11.15.2011

        Comment

          #5
          If you already filed, a cheery walk to the court clerk's office with a copy of the case number from the BK court, and just as a courtesy, a copy sent to whatever law firm that Chase retained to do the lawsuit should be more than sufficient. I had one of these, and with just a walk to the clerk's office where the suit was being brought, and a filing of the paper notifying the court of an open bankruptcy made the suit stop in it's tracks, and was dismissed and closed administratively by the judge. Hope this helps.

          John
          Filed Chapter 13 pro se: 9/30/2008, 341 Meeting: 11/15/2008, Plan Approved: 1/6/2009, 100% of all claims paid: 10/19/2010. Trustee closed case: 11/5/10 DISCHARGED: 11/18/10

          Comment

            #6
            Originally posted by DesdemonaB View Post
            If they didn't serve you correctly doesn't Chase have to go back start the process all over again? Shouldn't that buy you some time?
            We could only wish that it would work that way. Laws? Rules? We don't need any of those in todays society. It seems that everyone finds a way to skirt the rules in order to get their desired results.

            I don't want to get political here, but our court and justice systems are sh..............it.
            All information contained in this post is for informational and amusement purposes only.
            Bankruptcy is a process, not an event.......

            Comment

              #7
              Originally posted by frogger View Post
              We could only wish that it would work that way. Laws? Rules? We don't need any of those in todays society. It seems that everyone finds a way to skirt the rules in order to get their desired results.

              I don't want to get political here, but our court and justice systems are sh..............it.
              FROGGER I'll go one step further - we the taxpayers are funding our own "collection agencies" the courts to be used against us. Sorry. Just had to get it out :-)

              Comment

                #8
                Thanks all. To be safe, I typed a formal response to the Complaint which I mailed to the court clerk. In my answer I listed the BK case number and asked that the case be dismissed. I also mailed a copy to the attorney who filed the suit and asked him to dismiss the case.. I did list the suit in my BK petition as well. Hopefully,I have covered all bases and the suit will be dismissed.

                I think DesdemonaB raises a good point. I don't think I was properly served. I was saying just that to a friend yesterday. I never signed for any delivery. The wind could have blow the papers away.

                Comment

                  #9
                  Originally posted by frogger View Post
                  We could only wish that it would work that way. Laws? Rules? We don't need any of those in todays society. It seems that everyone finds a way to skirt the rules in order to get their desired results.

                  I don't want to get political here, but our court and justice systems are sh..............it.
                  Don't forget, that the justice system is also what permits most of the people posting here to get much needed relief! There are some things about the system we should appreciate! The judges in my jurisdiction do a great job!

                  Comment

                    #10
                    Yay me! In today's mail was a copy of a Motion to Dismiss. The attorney who originally filed the action is now voluntarily dismissing. Thank God for the automatic stay. I don't have money for a legal defense and they can't proceed in the suit without violating the law.

                    Comment

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