Texas Lawsuit, Judgement - Now filling for Chapter 7

[Flatbroke1]

I was recently sued in Texas by BofA for a $58,000 credit card debt. The summons was hand delivered on Dec 30, 2009. I calculate that I must appear or give an answer to the court by Monday Jan 25, 2010. I have this week contacted a bankruptcy attorney and the paper work will be completed in a couple of days. The lawyer will probably file for me a few days before the end of January 2010. My question is, what happens to the judgement? The lawyer was unconcered about it. It will go away he assured me. Anyone have any similar experience? Should I at least send a fax letter to the courthouse/judge with my case number once I have it? Once my debts are discharged will I need to file anything with the courthouse to make sure the judgement, if any, is gone? Any particular wording to this letter? Or sure I just sit back and relax?

What happens now?

[newbie2]

Since you will be filing so close to your court date (and the creditors may not have enough time to be formally notified) I would call both the court and the creditor attorney (the one suing you). You don't need to speak to the attorney, simply talking to the receptionist and asking for their fax number should suffice. Send them a brief cover letter with your name, court case number and bankruptcy case number. When you speak with the court they may also want the same thing in writing.

Good luck to you.

[Flatbroke1]

thanks

That's what I'll do! Thanks!

[topekajack]

How long has it been since you last made a payment? I too have a BofA cc. I haven't paid on it in 10 months. I am also in TX.

[OhioFiler]

How long has it been since you last made a payment? I too have a BofA cc. I haven't paid on it in 10 months. I am also in TX.

It's impossible to gauge your likelihood of being sued based on another customer's situation with BofA or any other creditor for that matter. Each situation is handled differently.

[Flatbroke1]

Topekajack, I stoped paying my minimum payment in December 2008 and kept up partial payments until March 2009. I had a lawyer try to settle. I received the summons December 30, 2009. It came from Regent & Assocs, Houston. But, of course, as the other poster said, you can't guage your chances of a suit by my experience.

[flyinbroke]

Topekajack, I stoped paying my minimum payment in December 2008 and kept up partial payments until March 2009. I had a lawyer try to settle. I received the summons December 30, 2009. It came from Regent & Assocs, Houston. But, of course, as the other poster said, you can't guage your chances of a suit by my experience.

An interesting entry on ZoomInfo about Regent (credited to Bud Hibbs, is on Hibbs' watch list):

http://www.budhibbs.com/collectorpages/regent_associates.htm

Ahn Huynh Regent

Texas Bar #24004882
...
Ahn Regent, debt collector, lawyer, the owner of Regent & Associates, P.C., and a debt collection law firm has been in and out of various debt collection organizations since he received his law degree in 1998. Nicknamed "Ahn the Arrogant" because he thinks he knows it all, Ahn Regent has yet to find his niche in this business. His abrasive attitude and demeanor have cost him jobs and clients in the past, he still pays off debt collection claims using money orders (want to guess why?) has NOT made a lot of friends in the court and reportedly will settle cases against 'certain' attorneys just so he won't have to face them.

Ahn is a passive collector, seeking to take the easy path to a paycheck. It is no surprise to anyone he is working for the likes of UNIFUND, especially to those who once dealt with him in his other life as a collector for Citibank.

Many Texas lawyers have successfully litigated against Ahn Regent; he is a member of the ACA of Texas, so pursuing him does have advantages.