Jackie2 Posted January 3, 2009 Report Share Posted January 3, 2009 hey everyone, sorry it's been so long since I posted. I lost my password and got rather busy.Ah, the timing of the holidays. I swear Santa really is giving me coal. Today I received 2 letters from the same attorney with a COPY of 2 summons. I called the county clerk and found out that my county doesn't actually serve the summons and that is the only one I will get. Nothing has been filed in court yet. Now both of these summons are for HSBC credit cards, by the same attorney. Foster & Garbus NY law firm. I never received a dunning letter or any prior notification. Next, I am in the process of beginning to file ch7 but first I need to take a credit counseling course before I can file. I have no assets, no income and I am filing just for myself. How do I respond to this summons? Do I send them a form informing them I am filing ch 7? Should I contact the lawyer directly? Send a letter explaining my situation?In order to respond to the summonds I will have to go to the county clrek and file a response? If so, should I ask for discovery to buy time till my filing?What would be my best course of action?Thanks,jackie Link to comment Share on other sites More sharing options...
Denita Posted January 3, 2009 Report Share Posted January 3, 2009 Jackie, when do you plan to file? If it is soon, then just add the summons to the lawsuit portion of the CH 7 petition and send the Suggestion of Bankruptcy to that attorney (two times - one for each suit 8-) ) Link to comment Share on other sites More sharing options...
Jackie2 Posted January 3, 2009 Author Report Share Posted January 3, 2009 Jackie, when do you plan to file? If it is soon, then just add the summons to the lawsuit portion of the CH 7 petition and send the Suggestion of Bankruptcy to that attorney (two times - one for each suit 8-) )I'm filing this month. Thanks, I was wondering ho to do this. I need to take my credit course then I'm filing right after that. I got most of the paper work in order, means test and all. Link to comment Share on other sites More sharing options...
merrybucks Posted January 3, 2009 Report Share Posted January 3, 2009 You could answer the complaint. That would buy you plenty of time before filing BK. Link to comment Share on other sites More sharing options...
Jackie2 Posted January 3, 2009 Author Report Share Posted January 3, 2009 You could answer the complaint. That would buy you plenty of time before filing BK.I'm thinking about answering it just to PO them before I file. I was also thinking it would buy some more time if I dispute it. But I don't think I really can becuase I searched my records and did find a dunning letter from a few months back. I sent them a hardship letter at the time. So much for a violation.I suppose I could still dispute the summons but it would be a stall tactic only. Depends on how fast I can get into the credit course. When I started putting the forms together I forgot about that change. Darn it! There is an option that allows me to file and then submit the proof of CC within 30 days but it needs to be a good reason. I know once it's filed it will halt any lawsuit through the Automatic Stay. So far the summons is the only thing filed. I'm hoping to head off the lawsuit filing but I may not be able too. Link to comment Share on other sites More sharing options...
Denita Posted January 3, 2009 Report Share Posted January 3, 2009 Jackie, the credit course can be done on line. Make sure the course you take is approved by your district for the BK. It does not take long and the certificate is good for 180 days. The long part is putting together all of your paperwork to file! 1 Link to comment Share on other sites More sharing options...
Jackie2 Posted January 4, 2009 Author Report Share Posted January 4, 2009 Jackie, the credit course can be done on line. Make sure the course you take is approved by your district for the BK. It does not take long and the certificate is good for 180 days. The long part is putting together all of your paperwork to file!I'm glad it can be done online. I only found one agency in my area that is "certified" to give the course. I really hate traveling into the city.I printed out blank copies of the forms and instructions. Last night I was doing the means test BS. In the process also did the medical expense for my taxes. Funny, my family is 2 thousand dollars a year over the standard means deduction for 3 person family in NYS. I haven't gotten all the medical expense together yet and after I did a means test with just what I had on hand we show a negative. I knew we spent a lot on doctors but I would say the medical expense is the primary cause of the bankruptcy. (And we have insurance--but it's not enough to cover out of pocket expense.)I figure I might as well get things ready for taxes while I'm at it. Hopefully I can squeeze a big refund this year. Lord knows we need it.So, as I file bankruptcy and get my taxes in order I still have all the medical issues my daughter has been "blessed" with. She will need eye surgery this spring. She's now seeing double. Poor kid. I can sympathize with her. I injured my eye as a child and have a shadow image I see all the time. With the injured eye I have no depth perception. But since I've been like this since I was 5 and know the difference between the images, I can cope. My daughter has the mentality of a 5 year old...maybe 4 year old. She sees 2 solid images and depth perception problems from the syndrome she has. She also need glasses. So her brain has a tough time telling what is where. I had to pull her from the school play because she had problems getting on stage and off stage. Now I have to instruct the school to use the elevator with her and not force her to use the stairs. Poor kid. Link to comment Share on other sites More sharing options...
admin Posted January 5, 2009 Report Share Posted January 5, 2009 I'd still answer the complaint. It's really not that much effort. You can always include the debts at any time during the BK. Link to comment Share on other sites More sharing options...
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