Potential Lawsuit
Date: Wed, 09/17/2008 - 13:43
Long story short, we had been working with a debt settlement company but have decided to go ahead and file for bankruptcy. We've already met with the attorney and he is going to file at the end of this month.
In the meantime, I have started receiving calls from Brachfield and Associates (lawfirm/CA/who knows) saying they are going to sue.
My question is, what is the best way to approach this. Hope nothing happens until we file for BK. If they do serve us prior to the end of the month, what's the best course of action? Let my BK attorney know, or request validation, etc. to stall until we file? Thanks for any help you can offer.
I would just pass it to your BK attorney and see what he says.
I would just pass it to your BK attorney and see what he says. I think either you ignore them completely or you notify these guys you are working with an attorney but again get your attorneys opinion. If you are filing in 30 days then they won't sue you before that anyway assuming they ever sue. Even if they did sue you can attach the judgment to the BK.
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being sued
Lawyers or firms representing creditors threatening to sue you.....this happens all the time.....truth is if you don't contact them or respond to their correspondence than you may not know the date of your hearing and you would automatically lose. They would much rather negotiate a settlement than have you go bankrupt. You still have between 30-60 days before a hearing and then in most cases you can appeal. If you receive a summons for a court date than most likely the company is not messing around. You must go and tell your side of the story. Truth is....most judges understand what is happening to the economy today and will most likely try to work out an acceptable settlement for both parties......My personal opinion...if you do have to appear before a judge....seek professional help.
The OP is filing BK in 12 days guest. There is no reason for th
The OP is filing BK in 12 days guest. There is no reason for the OP to do anything you suggested really. He doesn't need to negotiate any settlement because the BK will negate it. Since the OP is filing so soon I doubt he even needs to reply to the CA. I would just pass all correspondance to the BK attorneys and let them deal with it.
Lie. Tell them you are getting a small inheritance next month a
Lie. Tell them you are getting a small inheritance next month and when you get it you will pay. Put nothing in writing. Then tell them to F.O.