Hi, I was served two summons from the sheriffs office today and I would really appreciate any advise as to how I should procede. One summons was from an lawyer assignee of the OC, the other one was a lawyer that included two bill of sales where my original account was sold to the different CAs. Should I begin by sending out some sort of DV letter? Then do I need to answer the court with some form of paperwork also? Sorry but I am really confused and do not understand how this process works. If they do receive judgements what assets can they seize/collect? Can your house and cars be sold or can they only get a lien against your assets IF they are ever sold? Also, I live in Georgia and am now worried about other creditors serving me, if they are unable to serve me can they still get a default judgement against me? Thanks for your help. Maekenzie
Too late for that they are suing you! Yes you need to file your answer to the summonses both to the lawyers and to the courts. This depends upon your state's civil procedure rules, you may need to seek a lawyer's advice, or at least go to the clerk of the court to see what you need to do If the creditors are granted a judgment they can put liens on your real property, sieze your bank accounts, and garnish your wages until the judgment is paid This happens all they time, and they are granted default judgments
good luck - don't ignore them, go to the court and ask the clerk how to file answers....once you go to trial , they will have to provide proof of the debt to the judge, that would be the validation. If you don't go they win by default, and don't have to prove anything ps: it is much easier to clear up your CR's before they put a judgment on it!
Me and DH are probably going to have to file BK 7. Will I still need to answer the summons or will this be something that my BK lawyer will handle? Thanks Maekenzie
Are you sure you need to declare BK? Sometimes it is the only way out and there is credit life after Bk but it can be difficult. As soon as you file your BK papers there a stay will be put on your credit case. The BK lawyer will handle it.
Thanks pd11604 I really appreciate your advise. Unfortunately, I'm afraid that BK7 will be the only way to protect our assets and keep up from getting a garnishment at this point. We are both combined about 60,000 in CC debt and still have 1 1/2 years left on our SOL. Maekenzie
I wish you the best of luck and you a probabvly right to file BK sooner rather than later if this new law takes effect!
The bk stay will not take affect until you actually file and receive a filing number. If you don't file by the time you're required to file an answer the case may proceed and you'll have a judgment that'll have to be vacated post bk. I'd file an answer denying/ have no recollection just to buy some time.
