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    #1

    HELP... just got served

    It finally happened... we've been officially served for the collection of our business debt. It's only a matter of time before everyone else files suit as well. We are not going to file Chapter 7 for at least another 7-8 months (income related), so I have a few questions. ANY help would be greatly appreciated, as we really feel the stress now.

    1. Is there ANY way to delay the judgement? Call the court, buy a month or two, etc. Special "tricks" we should know about?

    2. Once they get the judgment, what happens then? Immediate garnishment? What is the next step for them / & timeframe?

    3. We are moving to a different state next weekend. How will that play out? Will the creditor have to re-file in the new state once they figure out we don't live here?

    Please help. I am very nervous now.

    Thank you.
    Tags: None
    #2


    Limits on what and how creditors can levy will vary from state to state, of course, but this is some our experiences. You will be getting some other stories as well.

    Our best wishes to you~~~
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment

      #3
      We called the county clerk today, and was given the advice to reply to the summons, IN WRITING, telling the court our situation... that we have lost our job, will be looking for employment out of state for a month or two, and to ask the court to delay the hearing. At that point we will be informed as to whether or not that will happen.

      Any thoughts or experiences?

      Comment

        #4
        Originally posted by Needing Help View Post
        We called the county clerk today, and was given the advice to reply to the summons, IN WRITING, telling the court our situation... that we have lost our job, will be looking for employment out of state for a month or two, and to ask the court to delay the hearing. At that point we will be informed as to whether or not that will happen.

        Any thoughts or experiences?
        It *sounds* like good advice, but we're not experienced with any of this--nor are we attorneys ourselves. Nor can the county clerk actually give you legal advice.

        All I can say is that when we were in court for the hearing, and the judge set the date for the mediation/payment plan meeting, we were going to be out of town. We also said that we would be out of state exploring the possibility of employment there. The judge accepted that; the creditor's attorney accepted that, and the meeting date was set for a month after the date we were supposed to return. This was because in our jurisdiction, these kinds of meetings are only held once a month.

        BTW we appeared before the Judge in person. The attorney for the creditor appeared by telephone conference call.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment

          #5
          By all means appear for the summons..... then state that you will be out of town and get an extension.....

          If you do not show up for the summons, they will get an automatic judgement and file for garnishment and lien attachments right then.....

          Keep us posted......
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment

            #6
            Unfortunately, we cannot show up for the summons. I am leaving town this week, and will not be able to come back. My hope is that we will get the extension, and can hold things off for a few months.

            Another question... assuming they get the judgment, how long until they can garnish wages? How does living in another state play in that?

            Comment

              #7
              PLEASE consult a lawyer if only to stand in for you this once. OR file a motion or Court Paper requesting a continuation and the reason why. As "Needing Help" says, it is too cool for the oposition to have you not show. It is almost automatic that they will get a 'default Judgment'. Then you have to fight that bigger. Even, and I am no lawyer, if you can give a friend or relative your Power of Attorney" and stand in for you, it is good for a 'try'. To ignore is not good. Not at all. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment

                #8
                Confused??

                On the papers, there is NOT a specific court date. It says we have 20 days to reply to the summons, which we are doing by requesting an extension and paying the $190 court fees. How is this different than actually going to courthouse?

                Comment

                  #9
                  Originally posted by Needing Help View Post
                  On the papers, there is NOT a specific court date. It says we have 20 days to reply to the summons, which we are doing by requesting an extension and paying the $190 court fees. How is this different than actually going to courthouse?
                  You MUST respond to the paperwork, and request the extension if that is what is asked for. File that. Mail it certified, mail receipt requested. When you get the green card back showing the date and time your paperwork was received, that starts the clock in your favor. I believe it is 20 days both way, but am not sure.

                  HOWEVER, if your paperwork is telling you that you have twenty (20) days to respond to this NOTICE, you have 20 days from the date on the correspondence you received. Look at the bottom line, not the signatures, but the bottom line of the last real text in the last paragraph of the document.

                  MANY PEOPLE PANIC WHEN THEY SEE THE FIRST THREE OR FOUR LINES.
                  I have also. Please calm down and read to the very end.

                  You have 20 days. Calm down and don't panic. Prepare your paperwork and/or strategy as described above.

                  Please do yourself a huge favor and go to www.nolo.com and look for the bankruptcy book that is appropriate for your case.

                  Best wishes to you~~~
                  Last edited by AngelinaCat; 06-16-2008, 09:00 PM.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment

                    #10
                    Originally posted by Needing Help View Post
                    On the papers, there is NOT a specific court date. It says we have 20 days to reply to the summons, which we are doing by requesting an extension and paying the $190 court fees. How is this different than actually going to courthouse?

                    This may help. Sounds like you would start at step 2 with denying the amount.

                    http://www.attorney-in-alabama.com/not-pay-debt.html
                    It's not what we have in our lives, but who we have in our lives and the quality of those relationships.

                    Comment

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