The job was completed by me in March 2006, unknown to me the general filed bankruptcy in Feb 2006. Now the bankruptcy court has summons me to appear in court due to in fact that I was paid 00.00 after the filing of the bankruptcy. What is my liability?
Hi.. I recently was served with a summons and complaint that states I have twenty days to respond to it in writing to the court or I will be faced with a default judgement. I have looked up alot about this online and found out that in my state (indiana) I can file a "Motion to dismiss fo failure to comply with rules" if the plaintiff did not have a contract written instrument not attached to the complaint and summons, and it did not. I still need to call my court here in my county to be sure that it is the rule before I can try this though. I need to know how to word my answer if I would go with this route and if even if I dont I still have to answer to avoid the default judgement. I know that I need to go through and deny each complaint that is numbered on the sheet but I do not know how to word it exactly. The reason that I am being sued in the first place is because my b/f and I had a couple credit cards that I was a joint on with him. He was always the one responsible for making the payments. He ended up having to file bankruptcy, and once the case was discharged it automatically made me the one responsible for the amount. I have no way of making any kind of payment on it at this time. I have been out of work since 2007 when i found out I was preg with my daughter and i have been a stay at home mom since. So i know that the judge can not order for any kind of wages to be garnished and I do not have any assets for them to take, so most likely its just going to be on my record and if I would get a job or any money withen the next ten yrs or so id have to pay it then. Do I need to deny the complaint in my answer even though I know its true .. or will the judge just order me to pay it then because he wouldnt have been able to hear my story or i guess situation? The complaint states that 1. The defendant is indebted to the plaintiff int he amount of ***** plues accured interest of **** as of jan 2010.
2. Venue is proper with this court and based on the defendant residing in **** County.
3. The plaintiff owns and is the holder of an acocunt due and oweing by the defendant, and is the asignee of Elan/ Mainsource bank.
Wherefore the plaintiff respectfully requests the following relief.
1 Judgement against the defendant in the sum of ******* plus accured intesest of **** as of jan 2010
2 Interest thereon at the rate of 8 percent per annum from jan 2010 , and 8 percent per annum from the date of judgement , until the judgement is satidfied.
3 For plaintiffs costs herein expended
4 For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute. or common law.
this is from a consumer loan company I filed bankruptcy on..now they are trying to put a lien on real estate I do not own…my ex wife does..i never received a summons or notification…just saw it online when looking something else up
the court action is against me in this case…she had already been notified that the loan co was going to garnish her wages for the loan (joint)..the divorce decree states I have to pay the loan..I couldn’t and filed BK …how can the loan co come after me? I have been told by attorneys to pay her the wages back she is having garnished…because of the ruling in the divorce
Isn’t it if I don’t answer this action although I have no summons…that they win by default? obviously they are not telling the courts I filed bk…
We haven’t made any payments on it yet. My husband is the registered owner and his dad is the legal owner (since he cosigned), although we are going to ask his dad to register it in his name. We have only one other vehicle worth 00 and no other assets. We got the cycle to manage the fuel crisis since my husband has to commute, and we are barely managing right at the federal poverty level. I can’t imagine that any court would want to take and try to liquidate something that is still owned fully by the bank, right? We are filing bankruptcy because of huge medical bills that are way out of our range of ability to pay, due to a severe injury I suffered two years ago, which is in collections. We were served with summons a couple of days ago and are seriously considering filing for bankruptcy. Any advice would be greatly appreciated.
I live in Florida and have spoken with a Bankruptcy lawyer about my situation. I had excellent credit prior to a house I had up for sale being on the market for 6 months and tried to sustain two mortgages plus expenses on both houses and a lot of credit card debt, mostly used to fix up both houses.
It’s been since March 2007 that I made my last credit card payments. I took all of the 00 I received as a tax refund and paid it on 5 different cards.
I called the credit card companies and tried to set up a payment plan of some sort because I was drowning. NONE of the 5 would and acted really crappy when asked. The phone calls also bordered on harassment.
So, eating ramen noodles and peanut butter started pissing me off. If they didn’t want to work with me, then I wouldn’t work with them.
I changed my telephone number and stopped paying them.
After speaking with an attorney early this year, he stated that unless I was faced with court papers to appear, to stave off filing for bankruptcy. If I did file, it would be for Chapter 13 he stated.
I wanted a second opinion so here I am. My questions are…
If I do not file, the statue of limitations runs out in less than 2.5 years for the state of Florida. If I am not served a summons, after the SOL runs out, can they still serve me with papers?
If there is no summons or judgment, will the charge off debts stay on my record for 7 years from the last time I paid the credit card company? Or when the debt was sold to a collection agency which I think is usually a year afterwards (they all have been sold).
If the debt is sold again to another collection agency, does my time start over?
On my credit record, will there be an entry for the credit card company debt AND the collection agency?
I simply want to know when the credit card company debt and charge offs will drop from my record if I do not pay them.
Thanks for any help you can provide…
I live in Florida and have spoken with a Bankruptcy lawyer about my situation. I had excellent credit prior to a house I had up for sale being on the market for 6 months and tried to sustain two mortgages plus expenses on both houses and a lot of credit card debt, mostly used to fix up both houses.
It’s been since March 2007 that I made my last credit card payments. I took all of the 00 I received as a tax refund and paid it on 5 different cards.
I called the credit card companies and tried to set up a payment plan of some sort because I was drowning. NONE of the 5 would and acted really crappy when asked. The phone calls also bordered on harassment.
So, eating ramen noodles and peanut butter started pissing me off. If they didn’t want to work with me, then I wouldn’t work with them.
I changed my telephone number and stopped paying them.
After speaking with an attorney early this year, he stated that unless I was faced with court papers to appear, to stave off filing for bankruptcy. If I did file, it would be for Chapter 13 he stated.
I wanted a second opinion so here I am. My questions are…
If I do not file, the statue of limitations runs out in less than 2.5 years for the state of Florida. If I am not served a summons, after the SOL runs out, can they still serve me with papers?
If there is no summons or judgment, will the charge off debts stay on my record for 7 years from the last time I paid the credit card company? Or when the debt was sold to a collection agency which I think is usually a year afterwards (they all have been sold).
If the debt is sold again to another collection agency, does my time start over?
On my credit record, will there be an entry for the credit card company debt AND the collection agency?
I simply want to know when the credit card company debt and charge offs will drop from my record if I do not pay them.
Thanks for any help you can provide…
The SOL is 4 years, it will run out in 2.5 years since my last payment is what I was referring to.
I used to live in County A for many years. I opened all of my debts with that address, and recently recieved 2 summons for credit card debt from that county’s court. I now live 2 1/2 hrs away, in County B, but still in the same state. I would like to file bankruptcy where i live now, in county B. Is that possible? Does it not matter where i file? I just want to make sure that after i file, those summons from county A will be dismissed for sure. Thanks!
I have stopped making the minumum payments on my credit cards since December of 08. In fact both me and my wife are delinquent in the credit cards. We both owe more than 60k in unsecured credit cards. Now we own a home but it has gone down in value meaning there is no equity at all. We are leasing a car which means we don’t own it but obviously we need it to get around. We are both self employed and we have our own business which is an LLC. We don’t pick up on the collectors nor the credit cards when they call and now my wife recently got a summons to appear in court for one of the credit cards that she is delinquent on. Anyways all the furniture we have in the house has already been paid for. We have no other assets and we only have like 00 in the bank. With that said do we need to file for bankruptcy or let them get judgements against us because it isn’t gonna matter since we have no assets except the stuff I mentioned above. If we let it play out and not do anything about this, what can the creditors do even if they get a judgement. At this point we don’t care about our credit. Please advise or should I still file for bankruptcy chapter 7. Let me know. Thanks
This house has already drained our finances and lowered our credit score by a hundred points, not to mention that by trying to keep up on the payments on it, we almost got our home foreclosed on. We have four children also that we need to be able to take care of. and we have also had the house on the market for over a year and we have lowered the asking price by 10,000 lower than we owe already.
This house has already drained our finances and lowered our credit score by a hundred points, not to mention that by trying to keep up on the payments on it, we almost got our home foreclosed on. We have four children also that we need to be able to take care of. and we have also had the house on the market for over a year and we have lowered the asking price by 10,000 lower than we owe already. We thought about renting but we do not have the money to fix it up to get it move in ready and because of the type of loan would have to ask to much in rent.
We have received a summons for foreclosure today and have changed realtors twice. But this is not the house that my family live in presently