Just served by AMX yesterday Jan 1 . How soon till bank levy

[Tangelwood]

I just arrived home yesterday just to find out my daughter answered the door to a guy who served a summons intended for me.
I Plan on going bankrupt after Jan 31 when I'm scheduled to have my wages cut in half by a necessary job demotion but my question is , how long from today Jan 2 do you think they'll be able to levy bank account? I'm intend on stopping my direct deposit as well

[Tangelwood]

And I should note that the weirdest part is there is no court date to appear on this summons. It just says I have 20 or 30 days to respond and there is a stamp from Monroe County Clerk dated Dec. 15th

[tobee43]

just curious...how old is your daughter???

did she actually sign for the summons???

are you filing pro se? if not and you are planning on filing on jan 31 and do have an atty i would give them the summons....or if not...do a quick answer (and they do have a receipt of when the service was done)....like 2 WEEKS late...just love these terrible people!

if i didn't have an atty i would answer so that i could stall the situation until the filing...because once you answer by the time you get a court date you'll have filed your bk and have a docket number and the auto stay will be in effect and the creditor amex has to crease any action.

[Tangelwood]

Hi! She's 22 and she didn't sign anything. Does the fact that it says filed in Monroe County on Dec 15th mean I have 20days from that point to object? I will go down to the clerks office tomorrow to try to object.
Gotta hold this these levy and garnishments off till Jan 31st

[OHBOY]

As the summons was served on a holiday I would check to make sure that your State does not exclude Sundays & Holdidays.......

[tobee43]

Hi! She's 22 and she didn't sign anything. Does the fact that it says filed in Monroe County on Dec 15th mean I have 20days from that point to object? I will go down to the clerks office tomorrow to try to object.
Gotta hold this these levy and garnishments off till Jan 31st

well you have proof of service....and shoot....what do they expect! yes....attempt to stall...stall ....stall!!

and good luck!

[ryan]

OK, first thing, call the courthouse and verify court dates, service on holiday issue, COST to file answer, etc. You should have the 20- or 30 days from date of service (depending on state statute). I would file an answer, deny or dispute amounts etc. It might even pay to go to court on a day prior to your hearing and see what the same judge's typical procedure is with CC breach of contract suits. He may, for instance, routinely schedule an actual bench trial weeks or even months into the future (thats what happens in my court district) if the defendant disputes the debt. That action alone will buy you lots of time....further, even when you likely lose the suit, there will be another 30 days at least for the plaintiff to get a court order allowing bank levy.

[Tangelwood]

Yes! Thank you. That's my main goal. With my income at this point I would be forced into a chap 13. and after Jan 31 my income with be reduced in half due to company restructuring. It's imperative I try to buy myself 4-6 weeks

[Bell30656]

Okay here's what I did in the same situation and I bought myself over a year. I went on down to my local courthouse. I looked up cases where this company was the plaintiff until I found one that was answered by a high priced attorney. I paid 25 cents per page for copies of the answer. I went home and typed my answer to look just like that one but changed the relevant details. I denied every accusation in the complaint except my name and address. I filed it with the court on the last day to answer and then mailed the lawyer for the plaintiff a stamped copy.

Next they sent me interrogatories. I answered their interrogatories basically by objecting to just about every one of them as irrelevant or whatever. I sent them a set of interrogatories asking for tons of stuff that was just trivial wasting of time. I asked for things like copies of the agreement with Bank of America, proof they owned the debt, etc., etc. Tying it up for 4-6 weeks? Easy, Peasy, Lemon Squeezy!

[Tangelwood]

I just wanted to thank everyone involved! I went downtown to the county clerk and filed my answer. It took about a half hour and I probably bought myself to to have my job demotion Jan 31 and then be able to file for the appropriate BK. Again, thank you all so much!

[tcreegan]

Whoa Tanglewood! Slow down!

Take all the days they give you to respond (well maybe leave a day or two as a cushion) You never know, the BK filing might need to be pushed out for some unseen reason. I might be wrong, but in NY I think the time between judgement and bank levy is pretty short.

..but of course I hope you never need any of the stalling advice b/c your filing goes as planned!!

Tom in Colo

[Tangelwood]

Urgent matter

Thanks Tom
I'm sure I probably had perhaps enough time to string it out till then but I didn't want to take chances. I'm a single dad/widow for a young boy and can't take chances on having garnishments and a levy making things harder than they need to be.
I lost my job and house last year due to a company downsize and eventually fell into a better position 6 months later but things being what they are I never took it for granted and sure enough I'm poised to get a drastic wage cut which will lead to to file a 7 as opposed to a 13. So perhaps you can see the urgency.

[Freddy03]

I agree with Tom - you should have waited to file your answer until your due date. Now the judge could issue a trial or mediation date sooner than later.

If it's free for you to file with your court I would send the plaintiff a complete request of documents (you can research this online per your court procedures). This will buy you some more time.

Good Luck!

[Freddy03]

Thanks Tom
I'm sure I probably had perhaps enough time to string it out till then but I didn't want to take chances. I'm a single dad/widow for a young boy and can't take chances on having garnishments and a levy making things harder than they need to be.
I lost my job and house last year due to a company downsize and eventually fell into a better position 6 months later but things being what they are I never took it for granted and sure enough I'm poised to get a drastic wage cut which will lead to to file a 7 as opposed to a 13. So perhaps you can see the urgency.

They can't levy your bank account or garnishment until they have won a judgment against you. I have had 3 CC lawsuits and received one judgment. All three cases took at least 4 months before we even went to court.

[Tangelwood]

But I was under the impression that after filing an answer with the clerk that the attorneys will request more information from me to confirm the debt.

Not to mention but the date filed by this creditor through the county clerk was Dec 15th and finally served to me 2 weeks later. I assumed the countdown began on the 15th and not from the time I'm actually served