Just got sued, should I contact the law firm and tell them I am filing for Ch. 13?

[NeedOptions]

My wife just got served by AMEX and their lawyers on Fri. We just retained a lawyer and will file next week. Should I contact the suing lawyer and tell them we are filing? Interesting enough, our lawyer said not to bother. Is this right? Why wouldn't we contact them and tell them we are filing for ch. 13?

[ccsjoe]

I agree with your attorney. You are filing soon enough that they will have time to do nothing. Just make sure the court in the AMEX case becomes aware of your filing so they can dismiss the case.

[AngelinaCatHub]

Joe is correct. If they have a case it will not be dismissed, only put on hold. It will be dismissed when you are discharged. Until you have your docket number, you have NOTHING. They can sue you up to that time, but I doubt they have that time. Warning them could cause you more harm than good. Your lawyer is not cheap, you pay for his advice, (for the most part) take it. 'Hub

[dscurlock]

I agree with the above two posts, but you are going to do what you want anyway...
you do not want to talk to the credit card anymore, not even for a min...you can bet
they are pretty much recording the call, and if they can, they will use whatever they
can against your case, so it is best not to contact them anymore. You paid your atty
for a reason...so it is best to do what your atty has advised.

[NeedOptions]

Thanks guys. What about all the calls I receive from collectors? Can I let them know I am filing so the calls can stop?

[ccsjoe]

You should direct all collector calls to your attorney, if your retainer/payment covers that. Something as simple as "I/we have retained counsel to prepare a bankruptcy filing. His name and telephone are XXX"