Summons

[blessedmommy]

OK I got another summons. I am in the process of taking that cert course so I can file. I have my paper work filled out by my attorney and my check written for his retainer.
This is coming from chase bank and I have a chase checking account should I get a different checking account? how long will it take for them to take action to garnish? should I just call them and tell them that I am filing ch 13?

What should I do with this it says I have 20 days to respond filing date was 28th of june but I didn't get it until this sunday.

Thanks for any help.

[catleg]

I don't know if Chase has a right of set-off written into its agreements, however if they're suing you now, it's probably a good idea to change banks.

Normally time for an answer is measured from date served, assuming you were served by a process server or sheriff's officer. Here in NJ where you can get mail service, it is normally considered served the day after mailing, I believe.

If you don't answer they will get a default judgment, which often isn't the worst thing. What state do you live in?

[blessedmommy]

I live in WA state.
We were served by a courier. What is a default judgement?

Thanks so much

[LoadedGuns]

What is a default judgement?

http://en.wikipedia.org/wiki/Default_judgment

Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. It can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A defendant can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse.

[blessedmommy]

So should I call the attorney on the summons and tell them I am filing ch 13? or let my lawer take care of it however I am not retaining him until friday. I am worried about the 20 day thing.

Thanks a bunch

[ryan]

If you know who the lawyer is that you'll be retaining, why not call him/her now and tell them you just received summons from Chase. Ask him to advise you. I doubt calling the plaintiff lawyer will do any good.