Summons and Bankruptcy

[daisyaday]

Hi,

I have a question regarding a summons and (Ch. 7) bankruptcy. I got a summons from Citibank. It was filed 5/25 and served to me on 5/30. I have consulted with an attorney and she is filing Ch. 7 bankruptcy for me. Unfortunately, she is unexpectedly out of the office today. Question -- do I have 30 days from the date the summons was filed (5/25 to 6/25) or 30 days from the date summons was served (5/30 to 6/30) before it is a default judgement? Since I am doing Ch. 7, I certainly do not want a judgement. Can't reach the attorney until Mon. - so asking here. Thanks!!!

[HHM]

Generally, the date of service controls the deadline.

However, the answer to your question is state specific. Your state's rules of civil procedure is where you need to turn. But as I said, in general, the response deadline runs from the date of service.

The BK is still going to take care of this debt and stop the lawsuit and if for some reason a default were to get entered, once you get your BK discharge, you may vacate the judgment.

So long as there won't be a prolonged delay from entry of judgment to filing BK, this situation is a non-issue. If there were going to be a long delay (more than month), then you need to start worrying about and planning for possible wage garnishment and bank account garnishment (assuming your state allows those methods of collection).

[daisyaday]

Thank you so much for your note. My attorney has all my Ch. 7 paperwork as well as payment. Filing should be imminent, so it sounds like we are good.