just recieved a summons to appear today

[rusty18102]

hi iam new here have been doing a fair bit of research i have a no assest case iam planning on calling a bk center we had a free consultation with tommarow hopefully the bk filing will stop this suit iam calling to get my pre bk filing right now no matter how long i have to sit on hold any info to ease my mind on what will happen from here if anyone has been through this
thanks a bunch rusty

[SinkingFast]

Hi Rusty and Welcome to the Forum.

A lot of what happens in a Law Suit situation depends on your State and/or Local Laws and procedures and the type of suit. The length of time between summons and Court hearing varies.

Have you been served officially?? Did you get a letter via Certified Mail or handed to you personally by a process server?? If you got a letter in the regular mail, you need to check the top for docket info. Could be, the Creditor isn't going thru normal channels.

Tell us what State and type of Law Suit and we'll see what we can do to help you out.

What ever you do, do not be a No Show on Court day. The Plaintiff will win a Summary Judgement against you.

[rusty18102]

summons

iam new to this iam in oregon by the way it just has in the circuit courtt of the state of oregon summons to appear basicly it just says appear with in 30 days there is no real date on a court date or anything like that hope that helps

[rusty18102]

oh yes i did get it handed to me by a server person that came to my home

[SinkingFast]

Read Post #12 in this thread and see if it sounds like what you got:

http://www.bankruptcyforum.com/showt...ghlight=docket

Other posters have had similar things happen to them.

[rusty18102]

re

there is a case number but no docket number then theres numbers vertically on the pages its 3 pages long and on the left had side of the numbers all by itself is the attornys letter head name address and all that

[GoingUnderInNV]

there is a case number but no docket number then theres numbers vertically on the pages its 3 pages long and on the left had side of the numbers all by itself is the attornys letter head name address and all that

Sounds like standard pleading docs. The line numbering and attorney name placement is normal, but it should have both plaintiff and dependant names listed if it's "official". Go onto PACER and search for the case number in your district. If it's not there, it's bogus (I'd wager).

[Pennywise]

I live in Oregon also. I was served papers earlier this year too. They will not have a court date on them, you will get that later IF you file your ANSWER/NOTICE OF APPEARANCE with the courts. If you do not do that then after the 30 days is up the Plaintiff will receive an automatic judgement in his favor. I have tried to fight mine. WIll try and help If I can. Good luck.

[IOIOIO]

What ever you do, do not be a No Show on Court day. The Plaintiff will win a Summary Judgement against you.

If I'm judgment proof, when my CC finally sues me, do I really have anything to lose by being a no-show? I don't deny I owe them what they claim, and I'd prefer to avoid the grief of a useless court appearance. The BK sometime after the judgments is inevitable anyway.

[CATCHMEIFYOUCAN]

Show Up

Don't run the risk of not showing up in court, you could lose a case just for that very action !

Good Luck, Catchmeifyoucan

[IOIOIO]

Don't run the risk of not showing up in court, you could lose a case just for that very action!

But what if I know that the creditor's claim is just? I mean, I know that if I tell the truth I'll lose because I know their claim is justified under the current laws, that I owe what they say I owe. In that case, is there any further penalty for not showing up? I fear I will eventually have lots of summonses.

[Rob-NC]

However, if you DO show up, it may make things look a little more favorable in the Court's eye......like you actually do care about this situation and are trying to make amends. Show up in court and explain WHY you have not been able to pay them etc. Judge may award them LESS than they want and also give them a payment arrangement that would be suitable to you.

Show up in court!