Automatic Stay Question

[DaisysMom]

OK...here's the plan. The answer is due by the 28th. I went to several sites and researched how to answer a summons. I am going to agree with the basic stuff on it, such as my name, address, etc. However, since the amount they are suing for is different than the amount that is listed on the copy of the CC statement they provided, I am going to deny that I owe that amount. I am going to prepare my answer and have it ready to overnight to them 3 days before it is due. I will also hand deliver the answer to the court that same day. That should stall things a little if needed.

Hopefully, my BK will be filed by the 24th and I can also send in that info with my answer.

DM

[tobee43]

OK...here's the plan. The answer is due by the 28th. I went to several sites and researched how to answer a summons. I am going to agree with the basic stuff on it, such as my name, address, etc. However, since the amount they are suing for is different than the amount that is listed on the copy of the CC statement they provided, I am going to deny that I owe that amount. I am going to prepare my answer and have it ready to overnight to them 3 days before it is due. I will also hand deliver the answer to the court that same day. That should stall things a little if needed.

Hopefully, my BK will be filed by the 24th and I can also send in that info with my answer.

DM

sounds like a GREAT plan!

[DaisysMom]

Woot!! I finished up all the paperwork on Monday and my Attny said it would be filed probably that afternoon. He even exempted my tax return which I am going to use to finish paying him. And he's going to answer the summonses for free, because he just has to send them notice of the filing and he says they will then just dismiss the suit. Yippee!! He a good attny, I like him alot.

Only problem, is that yesterday my husband received a letter from Crap1 demanding payment. We only had one CC in both of our names, but it was one of the ones from Crap1. I had 4 cards from them and I've received court summonses for two of them already.

My question is, since my husband and I are co-owner of this CC, will the automatic stay stop them from trying to collect from him until the BK is decided? We owe a little over 3K on this one and they haven't filed suit on this one yet and are offering a settlement. We may try to work something out with them because I am filing as single and he is not listed on the BK. BTW, he is not being listed because he is disabled and has many medical issues. If we get into a situation where he piles up alot of medical debt, he will still have the BK option. I doubt that we will ever need it, and really don't ever want to do this again, but with his health it's like having a safety net as we are both early 60's and trying to prepare for eventual retirement.

So please let me know what you think will happen with the other CC. If the stay will apply to it also cuz my name is also on it. Or even if they CAN come after him because I am the primary on the card and had just added him as an authorized user.

And TY again for all the help you've given to me and everyone else who comes here and gets there sanity back when they discover that it's not as bad as it seems and there is really life after BK!!

DM

[sunshinepa]

Great news on the filing. Know just how you feel, I filed 1 day before due in court........nerve wracking LOL. Your question on the card is a bit confusing to me, one statement says joint and the next one says he is just an authorized user so I am unsure how to answer. I do know you must list all debt. Hopefully somebody with more knowledge can answer the automatice stay on that one.

Good luck and so glad you beat the lawsuits!!!!

[DaisysMom]

Sorry for the confusion. I was the only person on the card until I called Crap1 and had him added as an authorized user. He never signed anything, but the bills started coming in both of our names. I never thought anything about it until now. I'm just trying to determine if he can be held responsible since I am the primary and he is just an authorized user.

DM