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

[BKINAZ]

I often wonder if playing the "attorney card" is a good thing? I mean since you are so far out. I can see the benefit...I can see the downside.

Telling them you are going chapter 13...seems to be "too much information". To more isn't always better. I'd almost go the other route and say "I would like to do everything i can to stay out of bk, do you have any solutions" type of thing. I think that is more apt to buy you some time and even postpone them filing on you.

I told chase early on about BK and since have dialed that so far back they are talking to me more than ever.

Just some thoughts....

[1aliasfan]

I am in a similar situation. Cap One sued me using a law firm in Kansas City (I am in Wichita). I went to court on April 1, filed an Answer and a Document Discovery Motion. I basically said that I did not have enough information/knowledge to agree with the statements being made. I then requested copies of my signed credit card agreement, copies of all credit reports, etc., (PM me if you want a link for some documents). My court date for this is April 29th. I am still working my defense.

That same day I paid $800 to my attorney to get started on my C13, my husband completed his counseling with Consumer Credit Counseling. My attorney wants to file before the court date.

My problem was that if I am "garnished" I will get fired based on my position, even though this C13 is due to losing our trucking business last year. I also have copies of letters I sent to all CC companies in April 2008 telling them of the situation and requesting a reprieve for several months. The only one that calls me now is Kay Jewelers. When they call, I answer "Pattie's Pizza Parlor" It really throws them off.

[BKINAZ]

How late were you before CAP1 sued you?

If you are at risk of losing your job and you are certain you are going to file...you should do it yesterday.

Good luck!