Pros and Cons of Answering a Complaint (Being Sued).

[optimistic1]

So, for the longest time, I have always told myself, that I would answer all complaints, in hopes it will delay the inevitable garnishment of my wages, just long enough until I can file my Ch.13 case.

But now I am reading statements like,

"Filing an answer could potentially open a whole can of worms that may be better avoided."

and,

"by answering you can end up losing a whole a lot more a lot faster than in your just let it go to a default judgment and then vacate it."


So with those statments being propagated on this forum, can we seek some clarification to this topic.

If your sole intent is to delay the process of being garnished, (to buy yourself time to file).

Is answering the complaint the way to go?

[BigJohn]

I see no purpose in answering a summons. They want you to confirm a debt which based on the information they provide to identify the debt, you probably can not do. Answering the summons is an expense in which the money could be spent somewhere else.

[optimistic1]

But would the notion, that by answering it for the sole purpose of delaying it to prevent garnishment, make any sense?

[BigJohn]

Will the cost of filing justify the delay you will receive?

If you are trying to buy some time before you file, I would say go for it, but if it is just to put off filing, spend your money somewhere else.

[optimistic1]

No it is not to put off filing, it is to delay it, just in case a creditor attempts to sue me before filing in August/September indefinitely. I am filing for BK, not gonna try to fight, or run and hide, or try debt settlement.

[optimistic1]

deleted, violated forum rules.

[optimistic1]

deleted.

[lrprn]

BigBoy, if you haven't already, please read my post at http://www.bkforum.com/showthread.php?p=263471#poststop warning the two of you to stop this back-and-forth bickering in the open forums across multiple threads immediately or you will both get a week's timeout.

By continuing to respond with anger or condescension to posts that aggravate you, you are creating the very problem you are trying to prevent and feeding the flame fire. Just don't answer these posts - move along to another thread to help someone else who wants and needs what you have to share.

Suggest that you set your forum preferences to ignore anything posted by Optimistic1 and by any other member who is raising your hackles and testing your patience. That solves the problem.

'Nuf said. Now let's get back to helping members who appreciate you sharing your experiences.

[BigJohn]

No it is not to put off filing, it is to delay it, just in case a creditor attempts to sue me before filing in August/September indefinitely. I am filing for BK, not gonna try to fight, or run and hide, or try debt settlement.

I had already paid an attorney and was waiting to see what would happen. If I had to, I would file immediately because we were already paid up. When we were served by a creditor claiming that the court appearance would be in another State (business loan), I figured it was time to file.

Being you haven't been served yet, you have about a 5 month gauntlet in which what might happen is tainted with many gray areas. At least you have a lawyer.

Is there a reason why you want to wait till August/September?

[optimistic1]

So that the commitment period will be 36 months, due to my baby not being born yet.

[HHM]

The answer to the original question is, as pointed out by BigBoy, "it depends".

I really don't see too much of a downside to answering a complaint, "so long as you know what you are doing." I have seen too many people inadvertently admit that they owe the debt in their answer...and that will screw everything up.

The only downside is (1) you have to pay to file an answer. (2) if you don't know what you are doing, you can create more problems

However, if you really need to buy time, (although, you said you were filing chapter 13, you don't really need to buy time to do that), then answering the complaint is advisable because it will push out the time in which the creditor can get a judgment. I come from the school of thought that it is better to keep your creditors engaged and not hide from them (but doing so can be time consuming).

[optimistic1]

I come from the school of thought that it is better to keep your creditors engaged and not hide from them (but doing so can be time consuming).

Engaged in a legal sense?

[HHM]

Engaged in a legal sense?

Engaged in a practical sense, answer the phone calls, send your DV's and C&D letters, answer complaints etc.

[BKINAZ]

I think he means every sense (he can answer for himself). I am finding life to be a tade easier by answering their phone calls once a week. You know you asked how soon chase will file suits...I've been talking to chase all along and close to 5 months in they are talking to me about settlement...not suit.

Course...the day is still young.

[optimistic1]

They dont really call anymore, since I gave them the attorney info. But Im curious, that when they call the next time, I must just tell them its a Ch.13 and I will be filing in August and put the whole thing to rest.

Thats 4 months from now, so even if they did file suit, and garnish me, the courts are probably backed up by now. And if I tell its a 13, they might just think their getting some money out of it. Or, if they know its a 13, then it would be a bad idea to sue and garnish, because most likely the trustee would want all that money back.

Just a thought, not an opinion, btw.