HELP! I Received a summons today.

[sheilaE]

Just received todays mail and there was a summons for me to appear in court on June 14th. I'm in a panic because we've paid $2000.00 towards atty fees, but we're still $1700.00 short and therefore, can not file chapter 13 until it's paid. We have no one to beg, borrow or (heaven forbid) steal from to get the rest of the money. We will have it paid in full by July 1st. but how can I stall this? Also what can I expect to happen when I get to court on 6/14?

Sheila

[Exployer1234]

Don't stress. First thing is make sure you appear in court. Bring all your paperwork of everything you have paid towards you BK, and show the judge what your intentions are.

In some cases you will be asked to first see the attorney representing the company that is suing you. If you have to do this do not sign any paperwork from them. Some attorneys will say "well if you are going to file just sign this paper stating you owe the money". This way they can start garnishments quickly. If you do not sign it will go infront of a judge about two weeks to a month and by then you will already have paid your attorney's fees.

The only thing that may happen is if you have to see a judge on the 14th he could still set a garnishment for 25% of your disposable income. The judge could also issue an automatic stay, meaning the creditor can not garnish your wages.

I hope this helps. I went through this in January. I had also started paying on an attorney and had not paid my total fee yet. Needless to say that attorney would not call me back and I had to fire him and get my money back. I went into court and because there are so many people being sued I was asked to speak with the company suing me to see if I could settle with them. I spoke with that attorney and was asked to go ahead and sign the statement saying I owed them 16,000 dollars. I told them I had not finished paying my BK and the lawyer assured me I would not be garnished. Well stupid me signs and a garnishment started shortly after I signed, even though they knew I was filing BK. I called and tried to reduce the amount of the garnishment and had no luck, so I went ahead and filed.

[flyinbroke]

When did CH13s have to be paid in full? Chapter 13s are rolled into the monthly payment as a priority debt; only 7s have to be PIF because otherwise they can be discharged. I would only have had to pay 400 to get mine rolling.

You may want to check with your atty again on this one.

[Pandora]

our entire Ch. 13 fee was paid in the plan - no upfront fee or retainer at all... ?? isnt that how it normally works, it gets rolled in? Chapter 7 I believe must be paid up front, but 13 can be worked into the repayment..or at least thats what we were told.

[newbie2]

our entire Ch. 13 fee was paid in the plan - no upfront fee or retainer at all... ?? isnt that how it normally works, it gets rolled in? Chapter 7 I believe must be paid up front, but 13 can be worked into the repayment..or at least thats what we were told.

Each attorney has his/her own business plan. Many ask for payment upfront, some will put all in to the plan, and with others it's a mix of the two.

[frogger]

The only thing that may happen is if you have to see a judge on the 14th he could still set a garnishment for 25% of your disposable income.

And this would delay even further, because the paperwork has to go thru the system, to your employer, and in most states, the employer has from 30-45 days to start the garnishment.

[sheilaE]

Wow, I.m sure I would have signed had I not known this. Thank you!
Thanks everyone. I've calmed down some
Sheila

[needanswers]

I'm curious how past due this account is? I dread when the doorbell rings, I'm always afraid I'll be served with court papers.

[JEM]

I'm curious how past due this account is? I dread when the doorbell rings, I'm always afraid I'll be served with court papers.

This is the point I'm at too. When I hear the doorbell, I jump and I'm always afraid of who's going to be there.

[ladyjenn]

I assume you are more than a few months past due??
best of luck to you....I can't wait until w can file!

[flyinbroke]

I think in many cases the real question is "who does the account belong to" rather than "how DQ are you?" Some sue at the drop of a hat, some pass the buck to CAs eternally.

[newbie2]

I think in many cases the real question is "who does the account belong to" rather than "how DQ are you?" Some sue at the drop of a hat, some pass the buck to CAs eternally.

Amen! I'd also like to add that the amount owed really doesn't have anything to do with it either. It all comes down to the aggressiveness of the collection agency and/or original creditor.

[sheilaE]

It's for Chase and wasn't even that long-5 months. I've read on here that for most people it's much longer, but I will say that Chase slipped by us before we had a chance to pick up the phone and tell them we were filing, so I think that was why they acted quickly. All the others moved on to the next person to call once they found out we were indeed filing, even though we don't have a claim number because we are still gathering the atty fee. I wish I had contacted Chase and told them. If you've retained a atty, then it's better to just pick up the phone and tell them.

[BrokeIn2010]

I think in many cases the real question is "who does the account belong to" rather than "how DQ are you?" Some sue at the drop of a hat, some pass the buck to CAs eternally.

GE Money Bank loves playing this game: "We sold the debt to <insert CA>, don't call us call them we don't have any interest in it", CA: "We're sorry you need to call GE Money Bank, we can't make that kind of deal on their behalf, we're just working for them in this matter and don't own the debt." Cue both of them calling and the call rep (for both) claiming both companies own the debt 100%. Then when you try to cut a deal got back to Step 1.

Lather, rinse, repeat

[flyinbroke]

Chase is one that sues at the drop of a hat. Ditto for Discover and Amex. YMMV.

GE likes calling incessantly, then menacing letters, pass to CA, ask CA for validation, pass back to GE, more menacing letters....I am stuck here, and waiting for the next CA. I did retain an attorney to sue CAs for breaking state and federal collection laws. Think I may see if he will drop a line to GE about how their assignees behave....