Scared -Possibly being served?

[spearmint]

A car has been hovering around my home the last few weeks. A man gets out and knocks but I don't answer. Today as I was about to enter my subdivision, I noticed a cop car parked at the entrance, set back from the road a bit with lights out. They sometimes do that here when they want to catch speeders but there wouldn't be any today -weather is too bad. I went to a few stores and picked up a few things and after 45 minutes it was still there. Then I did one more quick errand and 10 minutes later it was gone and I came home. I know I am headed for bankruptcy - just trying to time it right - but this scared me to death. I know I am paranoid and it could have been waiting for speeders.

[dneil]

How long do you need to hold off on the bankruptcy? If they do serve you, from what I have read here... there are ways to slow it down if you don't quite have all of the money for your attorney.

[merime]

I know that feeling all too well. Fear has a way of making you a prisnor. Are you just in CC debt, or are you behind on car payments. The actual act of being served left me motionless for 2 days. Having the sheirff come to my door with a summons was scary. That was in June, and my court date just got set for 2 weeks from today. I got over my fear by gaining knowledge. I had enough time to get everything out of my name. Now when they get a judgement , there is nothing they can really do. For anyone in debt every case is different. One thing holds true though. If you give more details about whats going on, you will get a lot of advice. Trust me , wherever you are somebody on this forum has been. I wish you the best of luck.

[spearmint]

How long do you need to hold off on the bankruptcy? If they do serve you, from what I have read here... there are ways to slow it down if you don't quite have all of the money for your attorney.

About six months. If I get served does it mean there is a judgement against me? I already have one and they tried to get money out of my bank account. Fortunately there was nothing there. Judgements terrify me.

[spearmint]

I know that feeling all too well. Fear has a way of making you a prisnor. Are you just in CC debt, or are you behind on car payments. The actual act of being served left me motionless for 2 days. Having the sheirff come to my door with a summons was scary. That was in June, and my court date just got set for 2 weeks from today. I got over my fear by gaining knowledge. I had enough time to get everything out of my name. Now when they get a judgement , there is nothing they can really do. For anyone in debt every case is different. One thing holds true though. If you give more details about whats going on, you will get a lot of advice. Trust me , wherever you are somebody on this forum has been. I wish you the best of luck.

Well, I am waiting to be served by medical collections. I was unemployed and went into a thyroid coma (because I had no thyroid medication - because I had no health insurance - because I was unemployed) and was in hospital for four days. Of course, I couldn't pay it. They even called a friend of mine to try to find me. They have my phone number so they can find me, I am sure.

I have some other unpaid debt from being unemployed as well.

I am waiting for a small amount of money from a settlement and want to replace my 15 year old vehicle with it before I file Ch7 or 13. It will be under 10K. This is the reason for the wait - IF my nerves can stand it.

[dneil]

It means they are suing you. Read the paper (once you are served) and see how many days you have to respond. If it is 20 days to respond, respond on like day 15.... send them a letter asking them to verify that it is your debt. It might buy you some time. You wont be able to buy six months worth of time though.

What they are doing is using the courts to get a judgment against you for the amount you owe them (probably plus fees). Then they will go back to the judge and file another order to garnish wages or put a lien on any property you have. Once they do this they can garnish (a one time hit) your checking account. Or they can get an order to garnish up to 25% of your pay check.

The matter is obviously serious, but not so serious that an attorney can't help you. Have you talked with an attorney yet? If not, I would suggest making an appointment to talk to an attorney. Call around and get prices and pick one to go in and talk to. Some attorney's will keep these people off your back once they are retained, others will do nothing until they are paid in full (including the filing fee).

I had two judgments against me before I finally was able to file. I was discharged last week and am so happy it is over. Someday soon, you will be able to say the same thing. Don't be embarrassed or scared. You can't go to jail for owing anyone money, and they wont cut off your right arm. The people who serve, this is their job so keep this in mind. They know it is a bummer and most of them feel bad having to serve you. Just take a deep breath and try to relax.

[spearmint]

It means they are suing you. Read the paper (once you are served) and see how many days you have to respond. If it is 20 days to respond, respond on like day 15.... send them a letter asking them to verify that it is your debt. It might buy you some time. You wont be able to buy six months worth of time though.

What they are doing is using the courts to get a judgment against you for the amount you owe them (probably plus fees). Then they will go back to the judge and file another order to garnish wages or put a lien on any property you have. Once they do this they can garnish (a one time hit) your checking account. Or they can get an order to garnish up to 25% of your pay check.

The matter is obviously serious, but not so serious that an attorney can't help you. Have you talked with an attorney yet? If not, I would suggest making an appointment to talk to an attorney. Call around and get prices and pick one to go in and talk to. Some attorney's will keep these people off your back once they are retained, others will do nothing until they are paid in full (including the filing fee).

I had two judgments against me before I finally was able to file. I was discharged last week and am so happy it is over. Someday soon, you will be able to say the same thing. Don't be embarrassed or scared. You can't go to jail for owing anyone money, and they wont cut off your right arm. The people who serve, this is their job so keep this in mind. They know it is a bummer and most of them feel bad having to serve you. Just take a deep breath and try to relax.

I have my attorney already picked out. I met with him a few months ago. He knows I am waiting for the right time. There has to be, I believe, six months between my receiving that small amount of money and my filing BK.

[NewPage]

*hugs*!!

I agree with gaining knowledge.

I just got home to a business card on my screen door, from the Sheriff's "Civil Process Server". I had a feeling this was coming. Got served with Discover papers from someone else (not the Sheriff) the Monday after Christmas, from Discover. This one is from Amex (I just looked at the local paper's online court info). It says "please call", so I will do that and get it over with, and into the BK it goes.

If you're getting served now without anything prior coming to you, it's probably notice of a suit. If you've had notice of a suit before now, then I imagine it would be about a judgment. I'd guess it depends on where you're located/your state.

Take a deep breath, and chin up. You're not treading these waves alone; lots have come before you, some are in it with you right now, and others will be after you.

[spearmint]

*hugs*!!

I agree with gaining knowledge.

I just got home to a business card on my screen door, from the Sheriff's "Civil Process Server". I had a feeling this was coming. Got served with Discover papers from someone else (not the Sheriff) the Monday after Christmas, from Discover. This one is from Amex (I just looked at the local paper's online court info). It says "please call", so I will do that and get it over with, and into the BK it goes.

If you're getting served now without anything prior coming to you, it's probably notice of a suit. If you've had notice of a suit before now, then I imagine it would be about a judgment. I'd guess it depends on where you're located/your state.

Take a deep breath, and chin up. You're not treading these waves alone; lots have come before you, some are in it with you right now, and others will be after you.

I have received nothing else from them. I used a PO box, though, and they don't have it so they may have tried to send something and had it returned.

Thank you, NewPage. It does help to know I am not alone in all this and that others have survived it. I am 58 and it seems sometimes I will never get back on my feet. I have a fairly decent job now - just a month ago - and the last thing I need is nasty creditors to take it.

[flyinbroke]

Do not dodge the service...you are only postponing the inevitable. They may give up and go for alternate service, such as posting it in the newspaper...and then you may never know that you were served and will lose. Better to get it at home and know what you are up against.

You do not have a judgment yet. You are being sued. You will need to file an answer and any affirmative defenses in the timeframe to avoid default judgment. I would deny or not have knowledge, because that would buy more time. If you have violations, use them as affirmative defenses. Admitting that the debt is yours means they can and will go for summary judgment before trial. You want to avoid judgment before you file.

Bite the bullet and get the service done. If they left a number, then call them and get it over with.

[Pandora]

Well, I am waiting to be served by medical collections. I was unemployed and went into a thyroid coma (because I had no thyroid medication - because I had no health insurance - because I was unemployed) and was in hospital for four days. Of course, I couldn't pay it. They even called a friend of mine to try to find me. They have my phone number so they can find me, I am sure.

Please dont ever stop taking your thyroid medication - as you nearly found out, you can die from not having it. Thyroid controls the body from every aspect...without it or without the med to supplement it, you're done. There are places that can help you get your meds (needymeds.org comes to mind as just 1 of many organizations). Also - a 3 month script of generic synthroid costs less than $10 at Walmart and you do not need insurance to get it; they have an abundant amount of generic $3 scripts.

You matter and life is precious.... there's always help available, all you must do is ask.

[spearmint]

Do not dodge the service...you are only postponing the inevitable. They may give up and go for alternate service, such as posting it in the newspaper...and then you may never know that you were served and will lose. Better to get it at home and know what you are up against.

You do not have a judgment yet. You are being sued. You will need to file an answer and any affirmative defenses in the timeframe to avoid default judgment. I would deny or not have knowledge, because that would buy more time. If you have violations, use them as affirmative defenses. Admitting that the debt is yours means they can and will go for summary judgment before trial. You want to avoid judgment before you file.

Bite the bullet and get the service done. If they left a number, then call them and get it over with.

Thank you. Is there some sort of advantage to avoiding judgment before you file?

[free2breathe]

The advantage to avoiding a judgment before you file is saving yourself paperwork afterwards. The underlying debt in a judgment can be discharged in bankruptcy, but the judgment itself survives. Once you are discharged, you then have to file a Motion to Vacate with the court where the judgment was granted. It is possible to have a judgment vacated yourself, though many opt for hiring an attorney to do it for them.