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Received letter from local BK lawyer informing me that I'm being sued.

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    #16
    This is frustrating. I checked those links; nothing. I called the Clerk of Courts; ended up being so aggravated with the person on the phone that I hung up.

    me: Hi. I was calling for information on how I can find out if I'm party to any lawsuits.

    lady on the other end: Umm..... I really don't know. We don't keep those kind of records.

    Every question I asked after that was met with an, "Umm... I don't know.".

    So that appears to be a dead end. Now what?

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      #17
      You may have to actually go to the court to do a search. This following site may be helpful in deciding which court to search:


      Or, you can wait until you are served with the lawsuit.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #18
        When I went to see a bankruptcy attorney, I was over my state's medium income and had too much disposable income. Most attorney told me that I was in a Chapter 13 situation. Then I met an attorney who told exactly what I needed to do. He advised me that I needed a more reliable vehicle, about $400-$500 per month more reliable. He suggested that I really didn't need to earn any bonus during the next six months nor should I work a second job. Then he set up an appointment for me to visit him again in about six months.

        I filed Chapter 7 and it went like clockwork.

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          #19
          Originally posted by Bell30656 View Post
          When I went to see a bankruptcy attorney, I was over my state's medium income and had too much disposable income. Most attorney told me that I was in a Chapter 13 situation. Then I met an attorney who told exactly what I needed to do. He advised me that I needed a more reliable vehicle, about $400-$500 per month more reliable. He suggested that I really didn't need to earn any bonus during the next six months nor should I work a second job. Then he set up an appointment for me to visit him again in about six months.

          I filed Chapter 7 and it went like clockwork.
          Well, attorney did not tell me to do this, but we did it anyway. The fine folks here had some influence. I only wish we would have bought a car. Ours weren't in bad shape, but you know how it goes. One thing then another and now its clunkerville. We'll get through it though and be better off in the end.
          11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

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            #20
            Thanks for the help so far.

            Last night a sheriff stopped by to serve me the documents. He mentioned that it seemed like I was expecting them.

            The lawsuit it from Stellar Recovery on a debt originally owned by HSBC. They want $2,300 on an account with an original balance of under $1,500. Can't remember what It was anymore.

            My question is this; do I fold, and file for bankruptcy (my original total debt was around $19,000-20,000, but the $5,000 that I owed Walmart (GE) seems to have dropped off of my credit report over a year ago, and I haven't heard a word out of them, or any debt buyers in succession), or get another lawyer and fight this?

            I make too much over my state's median to even consider chapter 7. I don't want a chapter 13, and I'm looking at it as a last resort. I, like I said, retained a bankruptcy lawyer two years ago.

            The banks I was originally up against were Chase (two cards, totaling under $3,000), GE ($5,000), Target ($500), HSBC (two cards, totaling under $2,000) and Citibank (two cards, totaling somewhere around $9,000). I have no idea who owns what at this point. Clearly Stellar has this one.

            If I fight this, and win, does that send a message to other debt collectors not to bother? I'm already two years into the SOL, and in my state they can only collect for another two. I think.

            I was thinking, fight this, if it gets thrown out, or gets reduced by a large degree, great. If I go down in flames, I'll turn right around and file for chapter 13.

            edit: I forgot to mention, I have no assets, other than basic entertainment/media.

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              #21
              There are other forums that focus on debt settlement that I think you should take a look at. There are some things like when opening discovery you request proof of claim to keep the attorney for them busy. If you keep them searching for items in discovery to a point where the cost becomes to great the collector may fold and offer a great settlement.

              This is just not the forum for settlement.

              I know this was not helpful, but it seems a waste of time here for you.
              11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

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                #22
                If I fight this, and win, does that send a message to other debt collectors not to bother?
                No, because other debt collectors won't know about it, and even if they did, they won't care. Debt collection is a system, it proceeds a certain way and not very much will interrupt that process.

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                  #23
                  Originally posted by derp View Post
                  I'm already two years into the SOL, and in my state they can only collect for another two.
                  No, they can attempt to collect forever. After the SOL expires however, their options are much more restricted.
                  All information contained in this post is for informational and amusement purposes only.
                  Bankruptcy is a process, not an event.......

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