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    #1

    Question Summons

    I was served a summons at the door yesterday 04-20-11 and the summons was filed in court Mar 29 2011. My question is I am making trial payments to get my mortgage payment reduced and was going to file BK after I signed my new loan mod payment but now not sure if I should go ahead and file the ch7 just afraid it will affect my loan mod. I just made my 3rd payment and just waiting for them to recieve it so I can resend my current financials.
    BTW it was for a credit card from Home Depot and filed with Citibank.
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    #2
    Were you served correctly? Meaning did you sign for the summons?

    If so, I can tell you Citi moves fast (I was sued by them) if you do not answer you will get a judgment against you, and within 30 days they could/will start the requests for Writs for Garnishment. But there are timelines that need to be followed by the state on from the time the WOG is recieved and when the garnishment can start.

    I don't know what your window is, but I would talk to your lawyer about a game plan.
    Filed Pro Se: 11.12.2010 ~ 341: 1.12.2011 ~ Discharged: 3.9.2011 ~ Officially an Asset Case: 3.30.2011 ~ Last Day to File Asset Claim: 6.28.2011 ~ Trustee Final Report: 8.1.2011 ~ Asset Distribution: 8.31.2011 ~ Case Close: 11.15.2011

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      #3
      You MUST answer the summons. You can probably put them off two maybe three months. As asked what is your time frame? Push it to limit but do anything not to get a Judgment. They can be nasty. There are ways all over this place on delay of action on your first hearing. The first hearing is the first but could be the last if you ignore response. Drag them out. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        You have 30 days from the day you were served to file a response or they can take your default. You did not have to sign for the service to be valid. If you call the attorney handling the case and tell them you are preparing to file for bankruptcy it might buy you more time. If you retain a bk attorney it might get you a lot more time.

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          #5
          Roberto1959: Just wondering, when did you stop making payments?

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