summons....arizona

Date: Fri, 11/27/2009 - 14:33

Submitted by hnllvs
on Fri, 11/27/2009 - 14:33

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Am planning on filing CH 7 in a few months (have approx 125K in cc debt). Served by chase through zwicker...have 20 days to answer. (this is the first summons from any of the cc companies or debt collectors). I want to wait as long as possible to file BK. How much more time can I stall the process out by filing an answer with the court and proceeding through the process? I realize they will probably eventually get a judgement and slap a lien on my house. If I can buy another 2-4 months by filing the answer (along with the $245 filing fee) I will go that route then file bk in the spring.

Depends on how long the process takes in your state. In mine, Ma

Depends on how long the process takes in your state. In mine, Massachusettts, it takes about a year for a case to go through civil court, small claims is much shorter. In civil court, you have to file a complaint, the defendant files an answer. Then it is up to the plaintiff to serve interrogatories,production of documents and request for admissions. Then you have about 30 days up to 45 days to respond. Then you can serve them. THEN there is a case management conference, then the pre trial and eventually the trial.

There are usually a few months between each stage and sometimes it can take well over a year. You might check around with BK attorney's, some might let you put a down payment, at least enough to pay for the filing fees, and you get an automatic stay, then the lawsuit is put on hold and they can't pursue on it unless you fail to go with the BK.

lrhall41

Submitted by on Fri, 11/27/2009 - 15:24

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