What should I do? Re: Getting served

[vegemily]

I stopped paying my cc's about 6 months ago. I have consulted with an attorney and have a follow up appointment tomorrow. I got home from work yesterday and there was a business card from the sheriff's office stuck in my door. I'm assuming I'm already being sued and he is trying to serve me.

My question is...should I call him back? wait for him to come back? Wait for him to serve me at work or hunt me down? I don't know what to do. Thanks.

[tobee43]

if you are meeting with the atty again tomorrow....actually i would call today.

once your served one usually has 30 days to answer the summons...if within that 30 day time period you file bk...all creditors are put on automatic stay and can no longer proceed. additionally, you can attempt to delay the court date, or go and tell the judge your broke and will pay $10 a month ....i would not mention the bk..just so they don't get a heads up unless you will be filing and retaining the atty tomorrow...and if that is the case, your atty should take care of this for you.

best of luck and let us know how you make out...i know it's scary...but it will be ok...the very worse scenario, even IF a creditor did get a judgment, would be after the discharge your atty would file a motion to vacate the judgment and it would go away...or you can even file the motion your self...(personally i would pay the extra and use an atty...but that's a personal choice! ).

[vegemily]

Thank you for the response. It is scary for sure.
I was not quite ready to file as I don't feel I've put enough time between last cc use and the present. But, I'm afraid they will put a lien on my house or something if I don't file. That looked like it may not be vacated after the BK then.

[tobee43]

Thank you for the response. It is scary for sure.
I was not quite ready to file as I don't feel I've put enough time between last cc use and the present. But, I'm afraid they will put a lien on my house or something if I don't file. That looked like it may not be vacated after the BK then.

it will...honestly...unless it's a student loan..(fed) or irs etc....you can file the motion to vacate most any other judgment from medical to cc's....after the discharge.

it may cost more in legal fees but well worth it...because you will actually receive a copy of the order to vacate and have proof that it's been removed.....even IF they put a lien on your house, your car...you can and will get it removed after discharge!!

[Floridagail]

Being sued after only 6mos, what cc is it? Mine took 18mos to sue me.Capital one, the rest never did. Do not panic, it is just a piece of paper. and sheriff does not care personally about it. My server was very nice.

[tobee43]

Being sued after only 6mos, what cc is it? Mine took 18mos to sue me. Do not panic, it is just a piece of paper. and sheriff does not care personally about it. My server was very nice.

yes, 6 months seems unreal in the scope of the this?????

[dneil]

I would call the officer, personally. For one, you are just being served (if that is what it is) and then the court date is usually 30 days away. They can only with that court date, get a judgement. Then, if they want to place a lein or garnishment, they have to petition the court again. Don't keep money in the bank. I had judgements against me left and right six months prior to filing BK. The only garnishment I ever dealt with was a garnishment DURING my bankruptcy and my attorney's got that (and our tax return) back.

I got all kinds of threatening and scary letters prior to my filing BK. Once I retained my attorney, I got the upper hand and then began saying that I have filed BK and they had to deal with my attorney. I gave them the name and phone number and told them I had nothing more to say and politely said good bye. That felt good. The weight of an elephant off of my back.

I do not have a crush on my attorney, but I absolutely love and adore him.

[tobee43]

I would call the officer, personally. For one, you are just being served (if that is what it is) and then the court date is usually 30 days away. They can only with that court date, get a judgement. Then, if they want to place a lein or garnishment, they have to petition the court again. Don't keep money in the bank. I had judgements against me left and right six months prior to filing BK. The only garnishment I ever dealt with was a garnishment DURING my bankruptcy and my attorney's got that (and our tax return) back.

I got all kinds of threatening and scary letters prior to my filing BK. Once I retained my attorney, I got the upper hand and then began saying that I have filed BK and they had to deal with my attorney. I gave them the name and phone number and told them I had nothing more to say and politely said good bye. That felt good. The weight of an elephant off of my back.

I do not have a crush on my attorney, but I absolutely love and adore him.

LOL!!!!!! pretty funny...but you sure did the right thing!

[vegemily]

Thank you all. I am too scared to call him though. I know what you are saying is true but it feels like I'm turning myself in or something. And I have no clue what creditor it is because I can't bring myself to call. It seems too early for me too!
For all I know I'm getting served with a PFA or something. LOL. It may not even be a creditor. But, the same day I got the card there was also a generic letter from a bankruptcy attorney from the courthouse. So, I figure something credit related was filed.

[tobee43]

Thank you all. I am too scared to call him though. I know what you are saying is true but it feels like I'm turning myself in or something. And I have no clue what creditor it is because I can't bring myself to call. It seems too early for me too!
For all I know I'm getting served with a PFA or something. LOL. It may not even be a creditor. But, the same day I got the card there was also a generic letter from a bankruptcy attorney from the courthouse. So, I figure something credit related was filed.

i understand you are scared...but shoot...they can't see your face on the phone....LOL!!! and it will most likely make you feel better to know what's going on. sometimes, although it's so hard, we have to face the situation head on.

you can do this!!! you can....just don't let things get away from you.......you can work out anything really.

[vegemily]

Thanks for the pep talk LOL; you gave me courage.
I just called and got VM on the cell and VM at the office. So, I hung up. LOL. My cell number is secret from creditors. I changed numbers right when I stopped paying.
Is it safe to leave that number on the sheriff's VM? Or should I keep trying until he answers?

Sorry if I'm annoying...

[frogger]

Call them and leave them your number to return your call. They will serve you "somewhere", so this is your opportunity to be served at the time and place of your choice. You can probably go by the sheriffs office and pick it up.

Beats getting served at work......

[vegemily]

OK, I called and left my cell number. You're right because they will find me pretty easily and it's better that I am not embarrased at work!

[RichM]

Never, ever, ever call, write to, or otherwise communicate with a debt collector, process server, deputy sheriff, or anyone else involved in debt collection.

Never.

Never.

Did I mention, Never?

You're paying a lawyer. If you get a summons or any other communication, the first call should be to your lawyer. Then let the lawyer deal with it.

Why on earth would you call a collector -- even if he is a deputy sheriff -- and leave him your cell number, for Pete's sake??? It'll be a week before every debt collector in the country knows your cell number now. Sheesh...

Before I filed, when I was still dodging creditors, I got myself a pre-paid Boost Mobile phone using a fictitious name (actually, it was a nickname) and no registered address. I also bought a Magic Jack, plugged it in long enough to get a phone number assigned to it, gave that number and only that number to all the banks and creditors -- and never answered that phone again.

To this day, that Magic Jack number is the only number that I give to banks, department stores, the government, and other people I don't care to hear from. It costs about $20.00 a year for service, and I never answer it, so I don't particularly care how well it works (although the few times I made outgoing calls from it, it seemed to work amazingly well). If someone asks me if they can have my cell number, work number, or any other number besides the Magic Jack number, the answer is simple: "No, you can't."

-Rich

[tobee43]

Thanks for the pep talk LOL; you gave me courage.
I just called and got VM on the cell and VM at the office. So, I hung up. LOL. My cell number is secret from creditors. I changed numbers right when I stopped paying.
Is it safe to leave that number on the sheriff's VM? Or should I keep trying until he answers?

Sorry if I'm annoying...

your NOT annoying at all....we all went thru this...and we all react differently. i would do that * whatever....(someone please chime in) to block your number but i would leave the message....if it makes you feel better....

as rich says never ever....but my some one whom shall remain nameless and shameless loved to toy with them...NOT ME....

the lawyer i agree with rich is getting paid...although truthfully they don't listen to atty's either...mine wrote EVERYONE of my creditors to direct all calls and or communicates to THEM (the law firm directly), and of course none of the creditors did....ever.