DH got a letter in the mail today from a local attorney offering her services if he wanted to file BK since our county's court records indicate a creditor has initiated a civil complaint against him. I just called the courthouse, and there was a complaint filed Nov. 6 in the amt. of $4340 plus the cost of filing. The clerk said we should receive the paperwork any day, probably via CM. I had sent them a DV letter, and only got a one sentence "verification" letter that had the last statement attached to it. I guess they whipped that out to us quickly so they could file suit. Now, I warned DH that we might get sued for this one because it was almost $5000 (the CAs had $4966 as the amount) About $1000 of it is interest/late fees, etc. So I'd been sending DV letters as we got new letters from diff. CAs. And DH had called them and offered a settlement a couple weeks ago. The offer was $2000 and they declined, and countered with $4200. What I need to know now is what to do? We would definitely show up for court, if need be. At that point is it likely we could settle before it goes before the judge? And I suppose after he's served, we need to respond somehow, right? I'm confused and a bit worried. It's not MY acct, I was just an AU. It is DH's. We're in PA. So I know there is no wage garnishment possible. But they could levy our bank acct. How do they go about finding out where we do our banking? We have accts. at two diff. banks. One is our checking acct which we use to pay bills. The other is w/ a credit union where we have our savings acct. We COULD pay the full amount if we had to, but it would completely drain all our savings. Which is why we've been trying to settle for less. IF our accts get levied, would they take the entire amount right away? At this point, do we still have the option of just paying the OC the $4340? Or do we HAVE to go to court? I told DH and he said "Just send them the money, I don't want to take off work to go to court" So do we just sit back and wait?
