desperately need advice on summons/complaint question

[fedupw/ccdebt]

I have been a "lurker" on this site for quite awhile now, reading up on things. My wife and I have a large amount of cc debt, mostly due to medical and work issues...won't get into the whole drawn out, boring, life story as I am sure everyone has their own to tell. We have been trying to put off filing BK for right now due to some changes in work and other things.

One of our creditors, Chase (wife's card), is using Weltman, Weinberg & Reis. They started calling in early Nov. 2007, I DV'd them, they responded with a cc statement at the end of Dec. 2007...then we didn't hear from them again until about a week ago. They started calling again and leaving messages. Yesterday, 2/11/08, a summons along with a complaint was delivered to our house for my wife. The summons stated we/she had 20 days after day of delivery to respond, etc... There was also the same copy of the cc statement attached to all this.

After looking thru the complaint though, I realized that while it lists her name and correct street address it lists a completely different town and zip code in Indiana (we do live in Indiana but the town that is listed is up by Ft. Wayne, while we live near Indianapolis).

At this point, I am looking to buy some time. The debt is ours but I went thru the DV process "to make sure I did". I tried paying on all of this stuff as long as I could...probably too long. I know that BK will be inevitable but what might my next step be? I know that we need to answer the complaint/summons, but I need to draw this out a while.

And please...no flames on telling me I am trying to get out of something. That is absolutely not the case. I looked back on the amount that we have paid, just on this card, and it is astronomical... Chase jacked up our rates on this card, along with another one 4 years ago when I was trying to be proactive and work with them when I was between jobs for 2 months. All it got me was them raising our rates to 29% and 30%...nice. I need some time to sort thru all this and pull myself together...I am literally at the end of my rope and feeling like I am done.

Any advice on how to deal with this summons/complaint issue would be greatly appreciated.

[HHM]

Please review this post

http://www.bkforum.com/showthread.php?t=20104

[fedupw/ccdebt]

Thanks HHM...I've read that sticky and looked at it again last night after getting the summons. I guess, right now, I am just feeling a bit overwhelmed. I think I need to relax for a second and try to get my head straight.

[TabulaRasa]

Please review this post

http://www.bkforum.com/showthread.php?t=20104

I hadn't read that before now. It's kinda reassuring.

[fedupw/ccdebt]

Tab...just curious, why is that reassuring? Did you get served also?

I've got to get ahold of myself and get this figured out...

[ssdsco]

When do you plan to file BK ? You still have a few months before garnishing wages or raiding bank accounts.

[TabulaRasa]

Tab...just curious, why is that reassuring? Did you get served also?

I've got to get ahold of myself and get this figured out...

Because I stopped paying my unsecured debt in January (kinda like a New Year's resolution, if you will) and plan on filing at then end of April.

[fedupw/ccdebt]

Ssdsco...we have been putting it off for various reasons, too many to go into here. But am guessing will have to move on it quickly.

It is now listed on the County courts website as "pending"...no date set yet. I am assuming that doesn't happen until after I have answered the complaint, correct? How exactly does that work? When/how does a date get set?

[ssdsco]

Ssdsco...we have been putting it off for various reasons, too many to go into here. But am guessing will have to move on it quickly.

It is now listed on the County courts website as "pending"...no date set yet. I am assuming that doesn't happen until after I have answered the complaint, correct? How exactly does that work? When/how does a date get set?

Good idea to find and monitor the website. I called my county court clerk's office and got the info on how the process from summons to garnishment works and approximate time frames.

[fedupw/ccdebt]

To all...I am sorry I am bringing this back up in such an untimely fashion, however, I really need some help. I had hoped to answer this complaint at least a week ago, but in that time it seems my life has taken on several different "twists"...my father, who lives in Mississippi, suffered a severe stroke. I have been down there for the last week and just got back to Indiana last night. While I was gone, my youngest son was in a car crash and is now in ICU. He will be ok but it has scared us beyond belief. I seriously think that I am starting to lose it...

I am going to/need to answer this complaint from Chase by at least this Friday, 2/29/08...the 20 days is actually up on 3/2/08, but that is a Sunday. I am looking for some help/ideas on the best way to go about this... As I indicated in previous posts, the debt is ours...I am not denying that. We had tried to work with Chase numerous times to no avail. What I am trying to do now is basically stall for time. And please, no putdowns or flames right now...that is the last thing I need.

A couple of things to point out in the actual complaint that we received... Where it lists my wifes name, it lists her name correctly, the street correcly, but it has a completely wrong town and zip code. Also, under item #2 and also in the last paragraph, where it states "plus accrued interest in the amount of $0.00 through January 28, 2007, and interest thereafter at the rate of 8.00% per annum"...do you think they misdated that? Wouldn't it be through January 28, 2008? Finally, they seem to have misidentifed the Exhibit A & B...the actuall "Cardmember Agreement" is marked as Exhibit B, while a copy of the September, 2007 card statement is attached, but not marked...it looks like it should have been marked as Exhibit B...that's my guess.

Anyway...I truly apologize for this being so lengthy but I am really not functioning well right now. Any help is appreciated and welcome.

[mcdulph]

Here's what I would do. Get the appropriate "NOLO" book (bookstore or library) and file an answer to the complaint. You might possibly want to use a format called a "special appearance" and/or a "general denial". These are kind of silly motions; but it's just a way to buy time, and that's what you need right now.

Under NO circumstances do you want to let this complaint go unanswered, 'cause then the creditor has you. There's no need for them to negotiate once they have a default judgment. You are strapped in the electric chair and they are fixin' to throw the switch.

CAVEAT: I just started studying to be a paralegal, and this "special appearance" and "general denial" stuff is something we learned about in my beginning intro-to-being-a-paralegal class. I am in no way qualified to give legal advice. But that's what I'd do if I were you. GOOD LUCK!

[ssdsco]

I know you have a lot going on right now but retaining a BK attorney now even though it may be many months before you file and letting Chase know you're filing and they can confirm that with your attorney might buy you some time. Chase may decide not to spend the bucks on the judgement if it's going in the BK bucket.

[Minnymouth]

Yep, you can retain your attorney, but you don't have to file just yet...... will buy some time. Just the suggestion of filing BK will help slow them down.... they don't want to waste their money on legal fees, if it will get discharged in BK.
Also, answer the complaint within the proper time span. Dispute that the documents are not yours and belong to someone in another town... show example of order with wrong address....
Will help buy time.....

Keep us posted.

[Lindsay]

We have been sued twice by Chase on two different accounts. I answered both summons to buy some time, but we've already retained a lawyer to file bankruptcy. We owe $400 more for our bankruptcy legal fees and we'll be paying that by the end of next month. We haven't mentioned anything to Chase's lawyers about the bankruptcy. I probably should have though.

[fedupw/ccdebt]

I appreciate the replies...I will definitely be filing an answer, just want to make sure I do it correctly.

As I said before, we are not disputing the debt...it is ours. I wish I could count the number of times I tried to work with Chase on this...but can't count that high. I actually had one Chase rep laugh at me while on the phone. Basically told me tough $@%^!.