I`ve been served

[goingbrknj]

Hello Forum,

I`ve been served today... I have a 1st & 2nd mortgage in NJ...the papers are saying civil action and foreclosure...I am really broke to file for bankruptcy...should I respond within 30 days? Hopefully I have a job by the end of the week...I just had an interview and just waiting on the paperwork. How much time do I have?

[StartingOver08]

It will say right in the summons how many days you have to respond.

You might want to respond to buy you time to hire a BK attorney.

[goingbrknj]

Thank you for your response, yes I will respond...it says 35 days... I am trying to stay positive... thanks

[AngelinaCatHub]

PLEASE attempt to respond. Your really don't want a Judgment.

If you cannot afford a lawyer, purchase the C7 book from nolo.com and it is about 17 bucks download. Go pro se. Then they cannot forclose very soon. Take every effort as for the most part, the Court is friendly, but formal. You will be fine. 'Hub

[rainelli]

I suggest for you to respond for you to settle things further and I wish you luck on your job...

[Rover]

Yes, you must respond. Do not make an "Answer" your first response. File a pretrial motion such as a Motion to Dismiss. With the volume of foreclosures taking place these days, you can tie the lender's attornies up just with pretrial motions for a year.

I've been delaying a foreclosure for over 21 months now just by following standard court procedure.

[brokenbuthealed]

I've been delaying a foreclosure for over 21 months now just by following standard court procedure.

Can you expand on the "standard court procedure" that you are following to delay the foreclosure? I am looking for ways to delay foreclosure as long as possible in order to accumulate funds needed to move.

[Rover]

Can you expand on the "standard court procedure" that you are following to delay the foreclosure?

I highly recommend the book Representing Yourself In Court. It's published by Nolo. You can get it at Nolo or Amazon.

It teaches you how to file pretrial motions, how to file an Answer, how to represent yourself at hearings and at trial.

In today's environment where foreclosure attorneys are deluged with business, your case will be put on the back burner if you fight back. The attorneys prefer to handle the cases where the homeowner doesn't even respond to the complaint -- that's probably most.

When they get someone like me who actually responds proactively, they are very slow in responding. In my case, it'll probably take more than 2 years for things to conclude.

Anyone can do it if they just take the time to learn to file some simple legal motions. It's not rocket science or there wouldn't be so many attorneys.

[myhearts07]

I just got served today with a complaint to foreclose today. court date is May 20th. Hubby filed BK 7 a week ago but had to do the pre-bk counseling. Attny got certificate on Friday this week. How much time do we have now before actually being sold or foreclosed on? Will BK stop foreclosure? we live in ILLINOIS.. Thanks