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What to do with pending court cases with 2 Collection Agencies - Filed 3/11/11

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    What to do with pending court cases with 2 Collection Agencies - Filed 3/11/11

    With the help of this forum and Nolo, I filed successfully on 3/11...
    Prior to the filing date I received 2 summons from two law firms representing Cap One and Citibank.
    I did file an answer within 30 days on both and still these two firms have continued to move forward with these cases and there are now court dates scheduled in July and August.

    My question is: What are the steps I need to take to cancell these scheduled court cases?

    FYI - Both law firms/collection agencies were included on my mailing matrix and most definately received the BK filing and Case #.

    Any input is much appreciated...

    #2
    I believe the gurus here will jump in, BUT: bankruptcy filing is an "absolute defense" against these suits. If you put Cap One and Citi on your mailing matrix, and notice has been mailed to them, you're good. FAX and send via cert mail (just for the heck of it) copies of your filing OR- as another poster here put it- take a "cheery walk" down to the courthouse, find the appropriate clerk, and file your bankruptcy filing - the automatic stay will void the suits. Absolute WORST comes to worst, show up on your court date with the filing.

    If not, search for a good consumer rights atty who'll sue them on a contingent fee basis and make you a few bucks!!!

    Comment


      #3
      Originally posted by HRoark0717 View Post
      With the help of this forum and Nolo, I filed successfully on 3/11...
      Prior to the filing date I received 2 summons from two law firms representing Cap One and Citibank.
      I did file an answer within 30 days on both and still these two firms have continued to move forward with these cases and there are now court dates scheduled in July and August.

      My question is: What are the steps I need to take to cancell these scheduled court cases?

      FYI - Both law firms/collection agencies were included on my mailing matrix and most definately received the BK filing and Case #.

      Any input is much appreciated...
      The samething happened to me, but i had a lawyer. I called both lawyers and gave them my case number and told them to withdrawn the lawsuit. within 2 days I checked the court docket and saw that both of them was withdrawn. You do have to call them and stay on it.

      Comment


        #4
        Same thing happened to me, too.

        My question is: What are the steps I need to take to cancell these scheduled court cases?

        FYI - Both law firms/collection agencies were included on my mailing matrix and most definately received the BK filing and Case #.
        But my lawyer wrote a couple of "suggestion of bankruptcy" letters that I filed with my local courthouse. This ended the suits.

        Comment


          #5
          A copy of the filing that the clerk gave you when you filed BK (the form that has your case number on it), taken with glee to the appropriate court clerk where the suit is filed, should be more than enough to make any lawsuits for collection of debt included in the BK filing magically disappear. A cheery walk to the court where the suits are being brought is also recommended.

          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

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