Clerk of Courts

[dogbone33]

We got a "sorry we missed you" from the post office (even though they didn't, they didn't even try) from the County Clerk of Courts. So now we can't get it until Monday and it is driving me nuts. Any ideas what it would be? I was thinking the sale of our house? But we haven't gotten any foreclosure notices except that the automatic stay was lifted.

[justbroke]

It's a registered letter, and probably something official.

The post office around here does it as well. They never attempt delivery. They always just stick a card in the mailbox. I watched them do this one day. Of course, the postmaster says that they do get out the truck and attempt delivery. I told the postmaster that I watched, through the window, the guy drive up, put stuff in my mailbox, and leave... never getting out. I then walked to the mailbox and the "missed you" notice was in there. It's pure laziness. To this day, they still don't "attempt" delivery.

[dogbone33]

It's a registered letter, and probably something official.

I know!! But is it to do with our bk? I am freaking out that maybe someone is suing us, even though we haven't done anything...... We had our 341 on the 6th. Everything seemed cut and dry.

[justbroke]

I know!! But is it to do with our bk? I am freaking out that maybe someone is suing us, even though we haven't done anything...... We had our 341 on the 6th. Everything seemed cut and dry.

if it's the County Clerk of the Courts, then it's a lawsuit outside the bankruptcy. If it was related to the Bankruptcy, it would be from the U.S. Bankruptcy Court.

[AngelinaCatHub]

if it's the County Clerk of the Courts, then it's a lawsuit outside the bankruptcy. If it was related to the Bankruptcy, it would be from the U.S. Bankruptcy Court.

Yes, yes, but before we scare the OP, a lawsuit outside of bk should be in the automatic stay unless they did not get the word. Usually the suit is hand delivered by a bailiff, unless it is extremely minor. I know the OP's weekend is ruined but it could be nothing more than an eBay insured item or less.

Don't worry, here is how it works. Any Federal summons MUST be hand delivered to the subject and not a surrogate such as wife or adult relative or employment. All Civil suits can be delivered to those above. A simple small claims suit or small Civil suit by registered mail. But it could be some utility company. It is nothing to worry about. 'Hub

[justbroke]

I didn't mean to scare anyone. It's probably nothing. Most lawsuits are served in hand.

[dogbone33]

My husband and I both got one. And after we filed we haven't gotten any bills or anything and our case is pretty cut and dry. There shouldn't be anybody suing us..... My step mom said it could be foreclosure papers, since we gave up the house. But if we are getting sued they would hand deliver, right, that's what your saying? We don't owe taxes or anything, I can't figure it out! Damn mail people..... If they would do their damn job, I wouldn't be freaking out! The card thingy says it's a Large envelope, magazine, catalog etc. And it's certified mail and we have to sign for it. And I am thinking since there is one for each of us it has to do with the bk. Since most of the time our names are on the same mail except the bk stuff, we get separate stuff. We are not criminals and have no traffic stuff......Idk!! Oh gosh my stomach hurts....

[MiSSMaGoo]

you could check Pacer and check the history/documents?

[dingdong]

Does your state use the Judicial or non-judicial ( Trustee Sale) method of foreclosure?

If it is judicial and you are expecting a foreclosure action, that is most likely what it is regardng.

There is probably some procedural reason the courts have to notify you of something regarding the foreclosure. Although it might not be a lawsuit, due to your state laws, there might be some notification that probably has to come from the courts.

If you happen to be getting sued by someone, than that suit is stayed by the BK, so you have nothing to worry about there, just notify the court of your BK.

I know it is scary not knowing, but don't freak out about it yet ( I know it is easier to say than do) since you filed, you are in the safety net of the BK stay, so take comfort in that knowing nothing can move forward on anything until you are out of the realm of the stay.

Check your state laws on foreclosure and see if they have to go through the courts for anything, you might be relieved to find it is probably some minor procedural notice required in a foreclosure action, and then you can breathe.

[dogbone33]

Thanks! I e-mailed my lawyer and she is 99.999% sure it's foreclosure papers. Whew!!

[ready2puke]

There ya go have a good relaxing weekend..Good thing your attorney gets back to you in a timely fashion..I bet alot of folks on this board wish they had your attorney....

[justbroke]

Sorry if I scared you any more than you were. Since you're in Bankruptcy, it probably really not had mattered what it was. Here's to a smooth 341!