Just got Served....made it 10 months before getting sued

[GoingDown]

Deciding whether or not to bother answering should be based upon this..

Do you have significant assets? If you OWN a home with any home equity, the judgment lien will attach itself to your home and will survive the bankruptcy.

You can avoid this by either filing bankruptcy BEFORE they get a judgment, or by filing an answer to the lawsuit and dragging it out long enough for you file BK before they get a judgment.

If you have NO significant assets, you just ignore the lawsuit, and then file BK soon and wipeout the debt underlying the judgment and then file a motion to vacate the judgment after your BK is finished.

If you have NO significant assets, NO wages to garnish, and you take the necessary steps to make yourself as judgment proof / collection proof as possible, you can just do absolutely nothing and their judgment won't be worth the paper it is printed on. They will never be able to collect anything from you anyways.

[hnhlvr]

Hi,
I'm also being sued and on a payment plan w/my attorney. Put $200 down on a retainer and am paying monthly b/c, like you, don't have the money to pay the entire fee. Because of this, my attorney isn't representing me during my court appearance. I did answer the summons w/a notice of appearance, answer, and the other form of assets, but only sent that to the law firm suing me. I never got around to filing w/the court so I don't know what will happen or when I will be expected to appear in court. I only answered b/c I am hoping it'll take longer for the law firm to get all their paperwork together.

Good luck and to be on the safe side, take all $ out of your accounts. Or close them, for that matter!

[alorth]

Well...service was finally made to my home, though the server just stuck the papers in the mailbox instead of taping it to the front door. This was a week AFTER I got it mailed to me.

Too bad for them, I paid the balance to file the BK, and met with my lawyer....decided to stay with him.

Showed him the suit paperwork, and did all the pre BK prep paperwork with all our debts, so we're good to go, except for the pre-BK counseling, which we do this week. Then we file officially, BEFORE the deadline to answer the suit.

Its all good!