I have a lawsuit from Chase and filing for BK....Please Help! this month

[debtsucks]

We were served by Target National Bank just a couple weeks prior to our filing. Once we filed a "Suggestion of Bankruptcy" was supposed to be filed by our attorney, but she never did it. So I went to court the day I was supposed to, the judge sent us to a separate room to negotiate, I told the attorney we had filed bankruptcy and had my case number and the opposing attorney then asked the judge for a continuance. A couple weeks later I received notice that they dismissed their claim. Whether that's just good legal proceedings, since we did list Target as a creditor in our filing and there is an automatic stay in place, or whether our attorney got around to filing the Sugg of Bk (I doubt it, she never charged us the $100 fee) I can't say. If you know for sure you are filing very soon, you can probably just inform your attorney of what's going on and he can help you with your course of action. But if the filing by the end of the month before you have to answer is "probable" but not definite, I would plan on responding to the lawsuit.

If you don't mind me asking, how long from your first missed payment did it take for Target National Bank to sue you? We are sweating about our Target Visa we are about 5 months late with a 5,000 balance, and we plan to file in June/July. The Sheriff circled around our court today and kind of slowed down in front of our house. I swear I thought I was going to pass out. He never got out or anything. I'm on pins and needles now.

[secondtimer]

Once the original debt gets sold to a collection agency (junk debt buyer) how can the originator come back and file suit if they no longer own the debt??

Wouldn't the JDB have to file suit?

Maybe a moderator could chime in here....

[keptdigging]

For all the "plenty of time don't worry" commenters.

I'm 3 and 4 months from first non-payment on 2 chase cards and they are definitely ready to sue. I went online to the court site and found that Amex already had. Just after the 4th missed payment so just over 90 days past due.

[Jackdog]

I think a lot it depends on your situation. Whether or not the creditor thinks you have assets. My lawyer and the others I talked to before deciding Chap 7 told me you get a law suit don't even worry about it. Probably depends also on the state you're in. I wish everyone in other states that wants to keep their home had Florida's Homestead Exemption. My house is untouchable. I'm way below income on the means test. I don't own any vehicles in my name. I don't make enough for them to garnish my wages. I'm not sure if any of my creditors will try and file a lawsuit. Unless I win the lottery this weekend it would be a waste of their money.

[debtsucks]

For all the "plenty of time don't worry" commenters.

I'm 3 and 4 months from first non-payment on 2 chase cards and they are definitely ready to sue. I went online to the court site and found that Amex already had. Just after the 4th missed payment so just over 90 days past due.

You got sued and didn't even know it? I thought if creditors sued, you would have to get served papers through the sheriff or certified mail.

[keptdigging]

Oh they have to serve me. I just found it on the court site the day after it had been filed. So I know it's coming.

[keptdigging]

LadyInTheRead: Puh-lease keep spewing California Procedure! It's (unfortunately) my new favorite subject.

[LadyInTheRed]

LadyInTheRead: Puh-lease keep spewing California Procedure! It's (unfortunately) my new favorite subject.

Okay, I'll spew what I can off the top of my head, but this really isn't may area of expertise. I'm much better on Probate Procedure.

Assuming they did not file in Small Claims Court, you'll have 30 days to file a response. Depending on whether the complaint is verified and how much the complaint is for, you may be able to file a general denial. The form is at http://www.courtinfo.ca.gov/cgi-bin/forms.cgi Look under the form group "Pleading-General". The General Denial form explains the circumstances under which you can use it. If you can't use that form, try the Answer form under the "Pleading-Contract" form group, assuming the compaint is for breach of contract which is likely. Make sure you serve your response on the plaintiff's attorney.

Depending on your response, they can file a motion for summary judgment or they may start discovery or request a trial date. The court may also require a mandatory settlement conference or arbitration. I haven't been involved in litigation in a long time, so my memory of the procedures and knowledge of current procedures is very fuzzy. But I'm sure that filing a response will give you at least another 30 days and probably even more before they get a judgment.

If you don't file a response, they can get a default judgment pretty quickly, but I'm not sure how quickly.

After they get the judgment, then they have to go through another procedure to garnish your wages or get a lien on any property you have.

You can get more information at the California Court's Self Help Website: http://www.courtinfo.ca.gov/selfhelp/

Your local court may also have workshops and other services for people representing themselves. If you are low income, look into free or low cost services. Regardless of your income, you could also get a low cost half-hour consultation through your county bar association.

If you are going to try to respond on your own, I suggest finding the closest public law library and looking at the CEB Practice Guide on California Civil Procedure. The librarian can point it out. A law school library may also allow public access. The practice guide will have sample forms and guide you through procedure.

Most importantly, consult with BK attorneys right away and decide who to retain so you can start the process towards getting filed. If things happen too quickly with the lawsuit, your attorney can always file an emergency bankruptcy petition to start the automatic stay.

[OHBOY]

LadyInTheRed:

THANK YOU (!) for providing the site links.
Though I am located in FL I find this info VERY helpful & informative.