Being sued or just the start?

[Roxy2013]

My husband is planning to file chapter 7 soon. Honestly we've been dragging out feet about it.... We don't have a lawyer or anything yet.

Today a lady knocked on the door and gave me papers for a summons. My husband wasnt home. She asked my name and how we were related ( I told her) was that a mistake?? anyways the summons is for a loan that was charged off. There is no court date or file number so what is this?


It says he has 21 days to reply or he automatically loses the case. So is he actually being sued or is this just the start of a case? I can provide more info in needed. Thanks in advance.

[shipo]

Time to talk to a bankruptcy attorney.

[flashoflight]

Sounds like your husband is being sued and you are just about out of time. You could respond to the summons as a delay tactic, but it needs to be written in absolute correct legal-ese with valid "affirmative defenses" and you need to pay filing fees to the court, which can be substantial. There are many, many other ways to mess up prior to trial as a pro se litigant and get a default judgment so I'd suggest just contacting a bankruptcy attorney instead. Don't try to dodge service. The process server did you a favor to push your husband into filing BK.

[Roxy2013]

Yes we plan to hire an attorney this week. I was just curious what this was since there is no court date/file number

[Carmella]

It's best to show the summons to someone that knows more about it. There are documents that look like they for court and they are not, but you don't want to play around incase they are real. Or you may be getting a summons from the court in the mail soon. Where I live I had 30 days to respond and we responded at the last minute on the advice of our attorney and there ways to delay.

We procrastinated BK as well. I don't recommend that to anyone reading--the sooner you start the sooner your debt goes away and you can move on and get closer to rebuilding credit.

[shipo]

We procrastinated BK as well. I don't recommend that to anyone reading--the sooner you start the sooner your debt goes away and you can move on and get closer to rebuilding credit.

True words; odds 0n bet if you ask 100 people with a bankruptcy in their past if they have any regrets, 95 or more will say, "Yeah, not filing sooner."

[Franco]

I waited almost a full year before filing a Chapter 13 (make too much to qualify for a Chapter 7) and getting "served" put the fire under my butt. I was getting sued by an office that took over my repossessed vehicle's debt which was around $16,000. It took them approximately 6 months after it was sold at auction to come after me with legal stuff. Keep in mind I also had a repossessed motorcycle and other credit card debt in total which was around $50,000 in debt. Only thing I was current on was my pickup truck which was a $30,000 loan, which I'm paying off in the CH13 to keep.

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