Question by Undisclosed: I’m in the process of filing bankruptcy, but am being sued in a week. What do I do?
I’m in the process of filing a chapter 7 and my attorney’s office is still working out the details. It’s a real fresh start; my son and I moved in with my family, we’re letting the house go as part of the CH7, etc.
Unfortunately, the attorney has yet to actually file the CH7 on my behalf. I work 8-5, Monday-Friday, and I just started this (well-paying) job so I have no business asking for time off.
The mess comes from Citifinancial, who has involved their attorneys in collection of an old debt. You know, the kind where when you tell them you’re having trouble paying, they “help” you by telling you that you have to refinance the debt, borrowing more, and won’t work with you otherwise. The debt is 6 months from clearing statute of limitations on collections, so they filed suit.
On the 8th, I have a court date right in the middle of my work schedule. The attorney’s office said they couldn’t file my CH7 until a week after, but said “we always advise our clients that it’s better to stay at work and make money, than to lose more by going to court when you’re going to have a judgment against you either way. ” They then said it would take 45-60 days for me to see any ill effects from the garnishment, and by then, I’d be within the automatic stay period anyway. I was advised to simply wait for them to contact me next Monday to obtain anything missing from what I gave them as far as information is concerned.
This makes sense to me, but I feel a disturbance in the force. Can they instigate a garnishment at the very same time they obtain the judgment? I’m in TN and can’t find anything to satisfactorily answer this, though it seems “implied” that they must first attempt to collect from me under the judgment before they can attempt to garnish, whether I show up or not. I know I should empty any bank accounts (indeed, perhaps close them) before the judgment goes into place, but do I need to go to the civil court date anyway, if the next week my automatic stay would begin?
I’m very confused as to what I should be doing.
To clarify: I contacted the attorney and reached the paralegals, but have been unable to reach the attorney. The paralegals are the ones who guided me on these most recent steps.
I just noticed on my summons, there was no notation as to the proper window in which I must “Answer”. This is supposed to be there, and I was served exactly 30 days before the court date. Can I submit an “Answer” citing that due to the lack of definition by the Plaintiff on the summons (which was authored by the plaintiff and signed off on by the court), that in addition to being unable to attend on that date and needing to reschedule, that the Plaintiff intentionally evaded my rights to respond in order to attempt forcing a default judgment?
Best answer:
Answer by C Brown
I’d say if you have a lawyer helping you out with the chapter 7 that you just consult with him/her. Definitely don’t miss work. Your lawyer’s job is to represent you in court anyway, so even if you don’t show up you should have your side argued for you. I’m no expert, sorry. I’d call your lawyer right away.
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Your attorney’s office already gave you the answer and it was the same answer that the attorneys I used to work for would have given.
No, the cannot start garnishing your wages on the same day they get a judgment. They would need to order you to produce your financial info first, etc.
The only “answer” worth producing is if you believe that the entity suing you is wrong and you don’t actually owe the debt. Anything else (I can’t afford it, I’m doing the best I can, I’m going to file bankruptcy in a couple of weeks, I think the creditor is a scoundrel and hasn’t been fair to me, etc., etc., etc.) will not prevent the creditor from getting the same judgment against you as they’d get if you hadn’t filed an answer. So (your attorney is right…) usually its not worth it to miss work or go through the trouble of filing an answer UNLESS you don’t actually owe the debt — i.e., they have the wrong person, you were a victim of ID theft (with evidence from police investigation) etc., etc..
A) make sure you have a trustworthy attorney
B) go to work.
C) Send your attorney to court
D) Double check that you still have a trustworthy attorney.
You can’t be two places at once and can’t lose the job. Also don’t want to raise red flags about being the guy going bankrupt and getting sued. Find a good attorney and place your bets on them.