just got served!

[ohnoyadidna]

Well the day has come. I quit paying my cc's almost 13 ago and today there was a knock at the door from the local leo. Capital One is taking me to court early next year.

Sooo.... What to do.. I have not spoke with a BK attorney yet so what can i do to give me more time. I do have income so I don't really want to deal with a garnishment in the near future so maybe my best bet would be to go ahead and file chap 13.

I owe a little over 200k Any advice? Anyone know a good chap 13 atty in west TN?

Can DV slow things down a little? if so what and who do i request this with?

[frogger]

Can DV slow things down a little? if so what and who do i request this with?

Too late for that now. You can probably request for the court hearing to be delayed if you come up with a good excuse, but that normally only works once.

Time to find an attorney!

[AngelinaCatHub]

200K to this guy or all together? If you are gainfully employed, a C13 is a consideration, but in your state, what is the max they can garnish? If less than what a 13 could be, you may be better off. If things get very bad, 7 could just kill it off. 'Hub

EDIT: BTW we are not allowed to advise on any local lawyers. Against forum rules and could be used to put our forum into a legal threat.

[sguerra923]

Well the day has come. I quit paying my cc's almost 13 ago and today there was a knock at the door from the local leo. Capital One is taking me to court early next year.

Sooo.... What to do.. I have not spoke with a BK attorney yet so what can i do to give me more time. I do have income so I don't really want to deal with a garnishment in the near future so maybe my best bet would be to go ahead and file chap 13.

I owe a little over 200k Any advice? Anyone know a good chap 13 atty in west TN?

Can DV slow things down a little? if so what and who do i request this with?

whoa! let me get this right you stop paying your credit cards for 13 years or 13 months? Because you didn't state if it was months or years.. I'm assuming its months..

so just out of curiousity if you don't show up to court what do they do after? Do they just try to garnish wages whenever you get a job?

[ohnoyadidna]

13 months ago I stopped paying. 200k would be total to probably 15 creditors. The one taking me to court is for 24k. I am going to try and locate a BK attorney after christmas. I went down the road of credit repair crap a while ago and there wasn't any point. There was no way for me to pay off anything within 5 years so I opted to ignore everything and wait for judgement day.

I earn a good paycheck but still have alot of bills I currently pay and stay current on. house, car, amex, etc.. I owe my 401k about 30k too so I pay a hefty payment to that each pay period too. I did a couple of those means test calculators and if they are anywhere close to right my payment to a ch 13 plan would range somewhere between 400 and 900 per month depending on what the attorney could slip by the trustee.

I really hate all this but with me and the wife loosing 1/2 our income the past several years and the cc companies raising my rate to near 30% I had no choice. The part that sucks is the fact I was never late or missed a payment on anything until i stopped cold turkey 13 months ago.

anyway it is what it is.... Anyone know a good attorney in west TN?

[wantout]

Time to lawyer up.....

[billf]

Depends where you are but a 'cannot affirm or deny' answer to the complaint will get you some time before they get a court date, and even then you can have your lawyer ask for a postponement while he or she prepares for a bk filing. Of course see a lawyer now for specific advice, but do not let this go a judgment IMO .

[ohnoyadidna]

Well. I don't know what to do. It's CapitalOne that is taking me to court for 23k cc debt. What will happen when I go to court, is it possible to get a small payment plan. I will eventually file bk but I really don't want to get into all that right now.

What are my options? Should I try to call the attorney on the summons? Just wait for court? Call Capitalone?

BTW, I am in Tennessee.

Thanks!

[DSIG]

with that much unsecure debt and a decent income file ch 13 as soon as possible. I had 180k unsecure debt and my ch 13 payments are around 700. Dont let them get a judgement. Its going to be hard to get it off your credit report, then you have a double whammy. Garnishment will happen de facto if you have a paying job The attorney should be able to advise if the bk filing will stop the court summons process

[ohnoyadidna]

I am going to visit one earley next year but until them I have sent the attroney a DV letter and a request to invoke arbitration. I am also going to file a sworn denial with the general sessions court clerk tomorrow.

Nobody has given me any documents that proves this debt is mine nor is it the valid amount.

Not much else I can do at this point. I don't know anyone that has been through this before so im not sure what to expect at court or dealing with a chap 13 attorney.

Not knowing what my potential payment would be in chap 13 really scares me.

[dscurlock]

I am going to visit one earley next year but until them I have sent the attroney a DV letter and a request to invoke arbitration. I am also going to file a sworn denial with the general sessions court clerk tomorrow.

Nobody has given me any documents that proves this debt is mine nor is it the valid amount.

Not much else I can do at this point. I don't know anyone that has been through this before so im not sure what to expect at court or dealing with a chap 13 attorney.

Not knowing what my potential payment would be in chap 13 really scares me.

You can stall all you like..sooner or later your stalls will run out, and
you will end up in front of a judge or other...in the end, they will win...
you need to listen to what these guys are telling you...go find a
BK atty, and deal with this now...you say you make good money..
but maybe it is time for you to downgrade your fancy house/car
so you can make those BK 13 payments...either deal with
this upfront, and now, or dearly pay for it later...in the end,
you will wish you listened to these guys...

[ohnoyadidna]

HA! shows how much you know. I have no fancy house or car. But I will talk to a bk atty in the next few weeks. Funny thing is.. everyone always asumes you live a extravagant lifestyle when clearly in most cases.. that's not the case.

Anyway.. thanks for the input.

[Bell30656]

Hold on... It's not time to start hiding money under the mattress, yet. You just got served. Now you must read up on your court's rules and procedures. It's time to file an answer. Run on down to your local courthouse, or drive if you prefer. Pull up a few cases by this same plaintiff against other debtors and find a good solid answer. Basically, I denied every accusation in the complaint except my name and address using the "not having sufficient knowledge to answer" line.

Then it will go to interrogatories, motions for summary judgment, eventually a court date. Plenty of time to get things figured out to whether you can file a bankruptcy or not.

Or you could go with Plan B which involves sticking your head in the sand, not bothering to file an answer and whatever happens, happens. Usually a summary judgment is entered and well that gets followed by garnishments, bank account seizure and liens upon everything including your first born.

*NOTE* I am not a lawyer but an individual that spent far too much money and well, used the rules to avoid paying any of it back.

I was served three times before filing my CH7. Served 11/2008, Served 02/2009 and Served 11/2009. I filed in 12/2009. By the time I filed NONE of the three cases had graced a courtroom for trial date! The backed up court dockets are your friend.

[Skipper]

Hold on... It's not time to start hiding money under the mattress, yet. You just got served. Now you must read up on your court's rules and procedures. It's time to file an answer. Run on down to your local courthouse, or drive if you prefer. Pull up a few cases by this same plaintiff against other debtors and find a good solid answer. Basically, I denied every accusation in the complaint except my name and address using the "not having sufficient knowledge to answer" line.

Then it will go to interrogatories, motions for summary judgment, eventually a court date. Plenty of time to get things figured out to whether you can file a bankruptcy or not.

Or you could go with Plan B which involves sticking your head in the sand, not bothering to file an answer and whatever happens, happens. Usually a summary judgment is entered and well that gets followed by garnishments, bank account seizure and liens upon everything including your first born.

*NOTE* I am not a lawyer but an individual that spent far too much money and well, used the rules to avoid paying any of it back.

I was served three times before filing my CH7. Served 11/2008, Served 02/2009 and Served 11/2009. I filed in 12/2009. By the time I filed NONE of the three cases had graced a courtroom for trial date! The backed up court dockets are your friend.

I was served earlier in the month by AMEX. I chose not to respond (due to the filing expense) in that it would only buy me a few weeks. Instead, I had my attorney send them a letter outlining my intent to file in the near future. My thought is that when there is a summary judgment entered, I will then file. My hope is that AMEX will take another look at the cost of litigation, and maybe discontinue the suit, now knowing my intent is to file and they stand to recover zero.

The only reason I am trying to delay a filing, is simply to complete a mortgage modification (have it become permanent and not in the "trial" period). I hope this makes sense.

Skipper

[ohnoyadidna]

I hadn't thought about pulling old cases. I will do that when I submit the sworn denial.