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Rec'd lawsuit today - what to do?

Date: Tue, 10/07/2008 - 16:31

Submitted by anonymous
on Tue, 10/07/2008 - 16:31

Posts: 202330 Credits: [Donate]

Total Replies: 4


Today I received a paper from the County Sherrif that Chase has filed a lawsuit against me and I have 20 days to respond. I plan on filing BK but don't have the money yet. What happens next? Does this mean they will be able to garnish my salary or freeze my bank account? Not that there's anything in it except if they hit it lucky on payday in which case I won't be able to pay my rent. I'd appreciate any advise!


Hopefully somebody will give you some helpful information but I do know that if you don't show up in court that the judge automatically files against you. Don't know your entire story but depending on where you live wage garnishment laws differ. Some states dc's can't garnish your wages. I'd at least show up and explain your filing bk.

Good luck.


lrhall41

Submitted by on Thu, 10/09/2008 - 11:30

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First of all, not all states permit wage garnishment. As you don't state what state you live it, I don't know about your state.

Also, even if your state permits wage garnishment, that CAN NOT happen until there is a judgment entered against you.

Whatever you do, DO NOT ignore the lawsuit. Either file for bankruptcy or respond to the lawsuit. If you do file for bankruptcy, that will stop all collection activities against you, including the lawsuit. Your bankruptcy attorney will be able to explain it to you.


lrhall41

Submitted by on Thu, 10/09/2008 - 19:23

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Unless you file BK before the 20 days is out, I would file an Answer with the courthouse. Otherwise, you run the risk of default judgement. And, if the judgement is entered before you filed bankruptcy I think some of the collection agencies may take advantage of that fact. These agencies that file lawsuits are total bottom feeders and are not to be trusted. You can find templates for answering a lawsuit on the web, just google it.


lrhall41

Submitted by on Tue, 10/21/2008 - 15:23

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can i still settle my debt myself with a debt collection attorney? my original debt was only 1500 and now it is 2100. how much will they take? i have 600 coming from tax refund.
thanks


lrhall41

Submitted by on Thu, 04/02/2009 - 15:48

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