Question I have been summoned!!!

[mauleg0615]

Well I did get served on april 2, 2011. Cop showed up at my door and served me the letter. It is from Capital one. Here in arizona we have 20 days to answer to it. One of my question is how long after a default will they garnish my wages or put a lien on my house? I have an appointment to see this attorney on April 15 friday but I was told by some people he charges too much. Retainer is $1000 and the whole chapter 7 ( if I qualify ) will be $3500! Is that steep? He does have good reviews but does anyone know of a good bankruptcy attorney in the Phoenix area of Arizona that is less expensive? I dont have this kind of money and I need to start something so that a letter can go out to Capital One attorney to stop the lawsuit. Please help. Thank you for any advise.

[disconapper]

Hey Mauleg0615,

I was summoned as well, mine was by Target Visa. I am in Maryland and we have 15 days to respond, stating whether or not we intend to defend in court or accept summary judgment. At the time, I did not have an attorney on retainer but I had already had my initial consultation. I took the paperwork packet my attorney gave me and put him on retainer that Monday (I was summoned on a Saturday). My attorney said he would handle responding to the summons. I did however, call the attorney's office listed on the summons and give them my attorney's information as a just in case. My total cost with attorney's fees and the Chapter 7 No Asset fee is around $1000, but I'm in Maryland and I'm sure it varies by state. You can file Pro Se, without an attorney, but I'm not sure how confusing or easy that process is, I have tax debt as well, that is why I made sure to have an attorney. There are other threads about summons, I think you can respond with an intention to defend (even if you do owe the debt) and that will delay the process and give you time to secure an attorney. Though I am not an attorney nor an expert so I can't be certain that information is 100% correct.

[disconapper]

Hey Mauleg0615,

I was summoned as well, mine was by Target Visa. I am in Maryland and we have 15 days to respond, stating whether or not we intend to defend in court or accept summary judgment. At the time, I did not have an attorney on retainer but I had already had my initial consultation. I took the paperwork packet my attorney gave me and put him on retainer that Monday (I was summoned on a Saturday). My attorney said he would handle responding to the summons. I did however, call the attorney's office listed on the summons and give them my attorney's information as a just in case. My total cost with attorney's fees and the Chapter 7 No Asset fee is around $1000, but I'm in Maryland and I'm sure it varies by state. You can file Pro Se, without an attorney, but I'm not sure how confusing or easy that process is, I have tax debt as well, that is why I made sure to have an attorney. There are other threads about summons, I think you can respond with an intention to defend (even if you do owe the debt) and that will delay the process and give you time to secure an attorney. Though I am not an attorney nor an expert so I can't be certain that information is 100% correct.

[Pdubs]

That fees is excessive!!!! A Chapter 7 bankruptcy fee is usually around $1000, and that usually includes the filing fee. Go somewhere else!

[IamOld]

Pdubs that depends - where I live $2500 plus is not uncommon. to the original poster - I'd rather pay atty than have my pay garnished etc!

[kornellred]

When a creditor obtains a money judgment, they will inform the debtor. Most will give you an opportunity to settle the debt or make arrangements for repayment before they take action. That will give you an idea of when wage garnishment is likely to become effective. You will be given no warning about bank account levies, so the first thing to do when you are being sued is reduce the amount of money in your bank accounts to as close to zero as possible, and cancel direct deposit of your paychecks. Filing for bankruptcy will stop all in-process collection activities associated with the judgment.