Should I make an arrangment?

[mauleg0615]

Okay here is my problem. I answered to a summons on April 18th . Two days ago I get this letter from the attorney suing me on behalf of the creditor. They want me to contact them on resolving my debt by making a possible arrangement to make payments. It sounds like they are offering me a second chance before they go through the lawsuit. Should I call them? My attorney wants me to hold off until July to file because he wants my income to decrease so that I have a better chance at chapter 7. Need some advice here. Thanks in advance

[sh9730]

So, you HAVE been served?

You should talk to your attorney - but you may consider NOT trying to settle this - even if they served you already it may be the better option to file a continuance...this will cost a few bucks, but may be well worth it.

In the end, if you are going to file a CH7 my understanding (and Im still new in the process but have become pretty educated pretty quickly!) is it will all get discharged (if dischargeable debt!) anyway, but my attorney told me to make sure and tell him if I got served by anyone before filing as it is easier to just stall the proceedings rahter than get a judgement dismissed.

[mauleg0615]

I am also very new to this sh9730. Yes i have been served! When you say file a continuance what exactly do you mean? How do i do that? Thanks for your input.

[sh9730]

Your attorney can help you, but a continuance is asking the court for a delay in the hearing date. There are many reasons that qualify you for a delay...but you have to pay a court fee for that. But still may be worth it to go that route, rather than the hassles that MAY ensue if you are given a judgement etc.

Again, in the end the debt will be discharged in the BK process, but from what I understand it is just much simpler if it is done before there are any judgments against you. Not so much in the bk process itself, but in your work to make sure the creditor doesnt keep trying to enforce the judgement after discharge. (Garnishment etc..)

[kornellred]

Creditors cannot enforce a judgment after the debt to which it refers is discharged. A civil court has no option but to vacate any judgment referring to a discharged debt, but you must file the paperwork.