Ok, say I get a summons from a collections law firm

[whyme]

What should I do next? (I may not want to file BK right away but I think I'm about to be sued) What is my defense? Do I actually go to court and fight with a defense of DV? What are the chances of them winning the case and actually being able to validate the debt?

[backtoschool]

What should I do next? (I may not want to file BK right away but I think I'm about to be sued) What is my defense? Do I actually go to court and fight with a defense of DV? What are the chances of them winning the case and actually being able to validate the debt?

Fighting a lawuit by a creditor is only buying you time. The judges are very creditor friendly, and eventually they will win and get the judgement. I would not expect a DV to help you win the suit, it will just buy you time until you file for bankruptcy.

Of course this is only my opinion, and ymmv, but the vast majority of creditor lawsuits end up in judgments, although most are default judgments. If you actually show up, and you actually owe the debt, (ie it's not ID theft or something) sooner or later the creditor will be able to show enough to satisfy a creditor-friendly judge and get the judgment.

[BassBoy]

I wouldn't waste my time, (or the taxpayers money) defending a suit against you for a debt you actually owe.

[HHM]

You should respond to the lawsuit, that is, file an Answer (there is typically a filing fee for doing so), that at least prevents them from getting a default judgment and can buy you some time.

DV's have nothing to do with your lawsuit, so I am not sure what you are thinking about with that idea.

The only way to really defend a lawsuit on a debt you actually owe is to hope the other side does not have enough documentation, or can prove the documentation they do have is authentic, to prove you owe the debt.

[optimistic1]

Yay! We love hypothetical scenarios!!

You could fight it in court, but only if you consider it not your account, otherwise you are wasting your time and commiting fraud.

Wait for them to sue, if they ever do, and then file a bk before the judgement or garnishment.

[junker]

you dont mention if this is a jdb sueing you, or ca or oc? also are you past the sol in your state. there are a lot more factors involved than you are telling...... how much time are you trying to buy before a bk...also are you judgement proof?? it all makes a difference...there have been a couple of recent posts stating you can buy a few months delay if done right...but it is NOT fraud..to defend your self...thats ridiculous...you can say you dont owe the debt for many different reasons..some might slow a jdb or ca...but less likely an oc

[whyme]

you dont mention if this is a jdb sueing you, or ca or oc? also are you past the sol in your state. there are a lot more factors involved than you are telling...... how much time are you trying to buy before a bk...also are you judgement proof?? it all makes a difference...there have been a couple of recent posts stating you can buy a few months delay if done right...but it is NOT fraud..to defend your self...thats ridiculous...you can say you dont owe the debt for many different reasons..some might slow a jdb or ca...but less likely an oc

It's a collections law firm located in my general area that keeps calling me. I'm not saying that I don't owe the debt, I would really just like to buy some time. How much time can I buy if I send a dv letter?

[HHM]

DV's don't stop a lawsuit.

There is a nice court case where the judge says, "A civil complaint is the ultimate validation of a debt."

I agree, the question is not, how much time can you buy, it is, how much time do you need.

What is the reason for delay in filing BK?

[jacko]

I did not respond to my summons and the 20 day response expired a week ago. I won't file until late next year at the earliest. Currently collection proof.

You may want to change your bank to a out of state one if your account is on file with creditors.

A summons is designed to scare the sheat out of you and for you to contact the creditors local collection lawyer. They may or may not file suit. Only BB's magic 8 ball can know..-)

What should I do next? (I may not want to file BK right away but I think I'm about to be sued) What is my defense? Do I actually go to court and fight with a defense of DV? What are the chances of them winning the case and actually being able to validate the debt?

[junker]

oh. you are saying they are calling you...or have you been served with a summons...agreed its a big difference...they will call a LOT...threatening in various ways...but if you havent been served yet..dont worry...also, yes it seems the dv issue ship has sailed..IF you have been served....are you saying you just recently heard from the ca? are you saying they didnt send a letter warning you?? usually they give you plenty of time to dv....im guessing you do what i do...through the crap in a drawer and forget or ignore it until you get sued....do you know if you are past the statute of limitations in your state?? thats a good defense...what state are you in?? some states dont allow garnishments.....some states allow them to take spouses bank acct. (community property states)the main thing is if you HAVE been sued....answer it, dispute it..deny it...or else you will surely get a judgement quickly, and they can get to your bk acct in as little as two weeks after they get judgement....as the others asked....how much time are you trying to buy?? if eligible try legal aid....they sometimes will answer questions, even if they dont represent you....

[whyme]

oh. you are saying they are calling you...or have you been served with a summons...agreed its a big difference...they will call a LOT...threatening in various ways...but if you havent been served yet..dont worry...also, yes it seems the dv issue ship has sailed..IF you have been served....are you saying you just recently heard from the ca? are you saying they didnt send a letter warning you?? usually they give you plenty of time to dv....im guessing you do what i do...through the crap in a drawer and forget or ignore it until you get sued....do you know if you are past the statute of limitations in your state?? thats a good defense...what state are you in?? some states dont allow garnishments.....some states allow them to take spouses bank acct. (community property states)the main thing is if you HAVE been sued....answer it, dispute it..deny it...or else you will surely get a judgement quickly, and they can get to your bk acct in as little as two weeks after they get judgement....as the others asked....how much time are you trying to buy?? if eligible try legal aid....they sometimes will answer questions, even if they dont represent you....

No, I haven't been served yet or received ANY kind of correspondence from them, for that matter. Only phone calls at this point, which started about 2 or 3 weeks ago.

I'm not past the SOL yet. Still have a little over a year til then. I'm in Mississippi, which is not a community property state.

See, I would like to wait til maybe around January to file BK, if at all possible. That's my whole issue. Since this is from a collection attorney in my area, I consider that a red flag. They're, more than likely, going to sue, right? But, if I send them a DV letter like next week, will that speed up their litigation process or slow it down?

Thanks for your help!

[HHM]

Why do you need to wait?

[whyme]

I really don't want to file, to tell you the truth. I keep putting it off and putting it off hoping we'll win the lottery or something. (I know, not likely ) I just don't want a BK on our credit report or our name in the paper. And then I'll have to keep it a secret from my family members. I just don't wanna do it! Basically, I'm just trying to put it off til the SOL is up. But, with this butthole lawyer calling me, I'm getting worried!

Thanks!

[junker]

when they first started calling me, and many have,,i first told them i was in the process of gathering all my credit info to file bk. which was definitely going to happen. as soon as i could gather everything... they ALL at that time told me they would note that on the acct and call me back in 60 days to get lawyer info...not saying it will work for you..... but it worked for me...if you are SERIOUSLY going to file in Jan....you MIGHT be able to ask Judge for extension based on the same thing....telling him you are filing bk..i once was granted a extension for a suit because i needed more time to supeona a witness. and wasnt ready....so they DO grant them....also as said before a couple of other threads mention getting 4 month delays.... and since we are almost into october you should be ok......btw i never did file bk..as others have said if you are sued....deny or dispute...in most cases it will buy at least 30 more days...whether its a money issue or waiting so something will fall off as far as requirements to report it...such as wages.checking acct....or recent move from other state...be sure to dispute....

[HHM]

I really don't want to file, to tell you the truth. I keep putting it off and putting it off hoping we'll win the lottery or something. (I know, not likely ) I just don't want a BK on our credit report or our name in the paper. And then I'll have to keep it a secret from my family members. I just don't wanna do it! Basically, I'm just trying to put it off til the SOL is up. But, with this butthole lawyer calling me, I'm getting worried!

Thanks!

I sort of figured that was the case...

Ask yourself this: why delay the inevitable. Why put off your financial recovery any longer. Grow a pair and file. The WORST decision you can make is waiting. Do you really think that having a slew of missed payments, charge offs, and collection accounts on your credit report is somehow better than a BK? (note, its not).