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Horrible Dillema....

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    #1

    Horrible Dillema....

    Have 80k in credit card debt. + Losing home.

    Being sued by Chase (credit card debt) for 8k..... (they served me a summons and I must respond to it within 30 DAYS -by OCT 25th or get a possible default judgement i.e., wage garnishment)...

    In the meantime I am filing for CH7 and I will not be ready to file CH7 until about NOV 15th (20 days after my response is supposed to be filed with the court).

    My attorney said DO NOT answer the response because I am filing bankruptcy.... (even though I will be filing my CH7 20 days AFTER my "answer" to the summons must be filed with the court.

    I am concerned since there will be a lapse of about 20 days until I file the CH7.....

    Could my wages be garnished with this 20 day lapse before I file a CH7?

    I personally feel I should file an answer to the summons to dispute it (which is $180) just to play it safe....and to buy some time....

    My attorney said I would be wasting $180 on filing my answer......and that 20 dyas after a default judgment would not be enough time for them to start wage garnishment.

    any comments or insights?


    thanks, techno
    Tags: None
    #2
    You should be able to file for a 30 day extension of time to file your answer. That is what we did. I'm suprised your attorney couldn't answer that.

    Comment

      #3
      the wheels of justice move pretty slowly...once they get the default judgement, the creditor will typically have to file for a wage garnishment...and then serve it on your work place...assuming they know where you work. If they don't, then they will call you to court to answer that question. Both things require court time...so you're looking at about 60 days from the date they get the judgement, typically before they can garnish or seize anything.
      Oct 9, 2007 - Filed my Chapter 13! Scores: 527/509/528
      Jan 1, 2009 - Sent in my last payment! Scores: 635/628/585!
      Feb 11, 2009 - DISCHARGED & CLOSED!
      I AM NOT A LAWYER. ANYTHING I SAY IS NOT LEGAL ADVICE.

      Comment

        #4
        Yeah don't worry and be happy.
        Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

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          #5
          I did not know there could be a 30 day extension to file an answer? I will call the court and ask? If they even know?

          I am in CA if that helps and the summons complaint says I have 30 days to respond and it's a limited/civil case....


          thanks, techno


          Originally posted by jenbes27 View Post
          You should be able to file for a 30 day extension of time to file your answer. That is what we did. I'm suprised your attorney couldn't answer that.

          Comment

            #6
            Thanks for your input! : )

            So my answer to the court is due back on Oct 25th. Assuming I don't answer (what my lawyer told me to do) how long would it be before the creditor actually gets a default judgement? (i.e., 7 days minimum?, 14 days minimum?).

            So do you feel that if I file CH 7 Nov 15th (or right around that time) it would not matter if I filed an answer with the court or not (which is due by OCT 25th) because it would take them some time to start garnishment? And even if they got that far the CH7 would stop it?

            I guess I just want to take NO chances at them garnishing wages....Or even coming to the employer! I don't want any of this happening ever.

            Thanks, techno






            Originally posted by EveryDayAdam View Post
            the wheels of justice move pretty slowly...once they get the default judgement, the creditor will typically have to file for a wage garnishment...and then serve it on your work place...assuming they know where you work. If they don't, then they will call you to court to answer that question. Both things require court time...so you're looking at about 60 days from the date they get the judgement, typically before they can garnish or seize anything.

            Comment

              #7
              Originally posted by technoreid1 View Post
              I did not know there could be a 30 day extension to file an answer? I will call the court and ask? If they even know?
              I agree with your lawyer's and EveryDayAdam's advice. The courts move slowly - 20 days in court time is way past light speed! Your salary just can't be successfully garnished in that time frame before you file. Say nothing to your creditor. Trust your lawyer - that's why you hired him. Don't let your fear lead you into doing something foolish that hurts your case.
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !
              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment

                #8
                I thank you for your input! I will at least call my lawyer and ask him if it would possibly "hurt" my case if I file an answer to the lawsuit.

                I guess I would just feel more comfortable if I file an answer just in case (for some strange reason) I do not file a bankruptcy in November. Maybe at least it can hold the lawsuit off for another month or so....

                thanks, techno



                Originally posted by lrprn View Post
                I agree with your lawyer's and EveryDayAdam's advice. The courts move slowly - 20 days in court time is way past light speed! Your salary just can't be successfully garnished in that time frame before you file. Say nothing to your creditor. Trust your lawyer - that's why you hired him. Don't let your fear lead you into doing something foolish that hurts your case.

                Comment

                  #9
                  I say go for the extension if that's an option and it doesn't cost you anthing!!!
                  Chapter 7 Pro Se....Discharged Feb. 2006

                  Comment

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