Please Help... Need Information...Fast

[Ann]

Tonight my husband (who has a credit monitoring service) received from Equafax that his credit file has a new alert added. Here is what the alert said... A suit or judgment information has been added or changed in your file. It goes on to say that you should contact the court listed and for information but there was no court name listed. Does this mean we are headed for a lawsuit quick? also it wasn't for 1 creditor but 2 of them. Help... this has been the worse week of my life!

[justbroke]

Well, looks like you have a lawsuit, somewhere. Start checking with the local courts. If your local court -- like Florida -- has on-line docket and case history, just look yourself up by name. You should be getting served real soon.

Getting sued is not the end of the world. When are you filing bankruptcy?

[Ann]

justbroke, we were to file a 7 yesterday (Tuesday) but we were told we were over the median by too much and my lawyer said we could not file a 13 because of too much debt. The problem with this is that he now says we may file a 13 if I can get an appraisal on the house that shows my home is not as far underwater as he originally suspected... I know way too long of an explanation but that is it in a nutshell... I was planning to wait until June to file for a 7 (to allow for less income) but NOW with this I don't know what to do... would waiting until June to file a 7 be too long if I answer a summons I have yet to come my way???? Please please help

[justbroke]

Even if you answer, they'll probably claim it's non-responsive and still move for Final Summary Judgment. I guess that's better than a default and will buy you 30-60 more days before a judgment?

I remember now about your case. There's something wrong with your attorney, on the Chapter 7 front. As for as Chapter 13... he's probably looking at the 11 USC 109(e) "limits" but they change on April 1. The unsecured debt limit will be $360K, tomorrow.

I would get the appraisal just to confirm that your unsecured amount is below $360K. Your primary residence's first mortgage balance being more than the house is worth, doesn't make ANY part of that mortgage unsecured... not even for a 109(e) violation. With your $211K in unsecured debt and $68K on your second.... that is WELL below the 109(e) limit of $336,900 as of 3/31/2010, and $360,000 as of 4/1/2010.

[Ann]

justbroke, I just looked up my local county courts and I see nothing right now... where else should I look??? I'm so desperate.... no sleep for me tonight

[justbroke]

justbroke, I just looked up my local county courts and I see nothing right now... where else should I look??? I'm so desperate.... no sleep for me tonight

Sleep, Ann, sleep. There's nothing that you can do anyhow and it's not going to be filed as a judgment lien anytime soon. You'll have to wait for the complaint.

[smkrishna]

Well, looks like you have a lawsuit, somewhere. Start checking with the local courts. If your local court -- like Florida -- has on-line docket and case history, just look yourself up by name. You should be getting served real soon.

Getting sued is not the end of the world. When are you filing bankruptcy?

Justbroke, Can you please be specific on where to find on-line docket and case history. I have a property that I foreclosed in Capecoral, FL at end of January 2010. I have a second (HELOC) loan on this property that was sold to CA's who have been calling me. I live in broward county. I dont know which county to search for if there is any lawsuit has been filed by CA's or lender? Lee or Broward? Thanks for your help again.

[justbroke]

You'll hate my answer, but you should look in both county's online Clerk of the Court.

Lee County Clerk of the Court - SEARCH Civil Records (http://www.leeclerk.org/Civil_defendant_name_sel.asp)

Broward County Clerk of the Court - SEARCH Public Records (http://www.browardclerk.org/Clerkweb...aseSearch.aspx)

[smkrishna]

You'll hate my answer, but you should look in both county's online Clerk of the Court.

Lee County Clerk of the Court - SEARCH Civil Records (http://www.leeclerk.org/Civil_defendant_name_sel.asp)

Broward County Clerk of the Court - SEARCH Public Records (http://www.browardclerk.org/Clerkweb...aseSearch.aspx)

Thanks again JustBroke...I can see that I have only the foreclosure case in record in lee county for the primary loan on that property. Nothing to do with equity (HELOC) loan on that property in the above websites. Thanks again.