Got sued -- lost job three days later. Now what?
Date: Thu, 04/02/2009 - 12:10
I got sued on Friday by a local attorney
concerning a B of A credit card I defaulted on in 2005. I have 30 days to file
an answer with the court and the debt is mine. (I did the whole DV thing.) The
amount in question is $3200.00.
On Monday, I was laid off. I get severance through
mid-May and after that, will file for unemployment. Before I was laid off, I
was considering filing for bankruptcy and saw a BK lawyer on Tuesday. He
recommended waiting until I'm employed again to file for BK, primarily because I
will probably file a Chapter 13 because I have recent tax debt I need to pay
back.
My question is, what do I do about the lawsuit?
The lawyer suggested filing an answer with the court, but I'm unsure how to
format the document and what to say in it. Obviously, I have no wages to
garnish, but I'm worried about having my bank account levied, especially when
things are going to be very, very tight for the next little while.Â
If anyone has some suggestions on how to handle
this, I'd appreciate hearing them. Thanks.
BTW, I live in Oregon. The lawsuit was filed in a county
circuit court.
They would have to win a judgement and you would have to ignore
They would have to win a judgement and you would have to ignore that judgment for them to come and attach your bank account.
Having lost your job puts you in a much better position with the courts.
There are a lot of threads on this board about answering a summons, but this post "answering a summons" is very informative.
Hope it helps,
I found Oregon civil court rules of practice (ORCP) See LR 10 -
I found Oregon civil court rules of practice (ORCP) See LR 10 - Form of pleading to get an idea of how to do format for your answer. Also look into attaching any affirmative defenses if you have any.