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I recieved a summons today to attend a pretrial conference being sued by Harvest Credit Management on behalf of Barkleys bank. This is in the State of Florida and their is no place to respond just says I am required to attend the pre trial conference..I would like to try to delay this for a month or two and not sure what I can do for a delay or by simply showing up I can get this put off for a few months before going to trial.

AT this point in time I believe were basically judgement proof..No assets no money, no income except $1000 in monthly unemployment which is soon to run out..this is what my family of 4 is currently living off of...Home is in foreclosure. My husband is a licenced contractor and we are trying to qualify a corporation prior to filing BK I'm trying to get the money together to do this but I can not show any outstanding Leins, BK's or Judgements on my credit report..Not sure if I can make this all happen by June 10...Once the corp is qualified we intend on filing for a chapter 7 BK.

The debt is legit so I would feel uncomfortable attempting to fight it as well as I can't afford an attorney at this point in time knowing it will be included in my bk...Its not that I am worried about someone obtaining a judgement against me since their is nothing to go after with a BK to follow...its more the licencing issue I would like to get through...so a good month or two could mean the difference of my families future survival..Self employment is really our only option at this point in time their are no jobs where we live right now..

What are my options? Can I simply request a date change because its "inconvient" Or can I get judgement delayed by going to the pretrial conference explaining my situation etc?

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I'm a little confused. Why form a corporation and then file personal BK? Wouldn't it make sense to do it the other way around?

The personal BK 7 (I assume?) makes all your personal liability go away. If you have any assets at that time (like equity in a company) those are taken by the BK trustee to be distributed to your creditors.

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Their won't be any equity in the company when we file...We have to do it this way or we can't qualify this is a state professional licence..to qualify either as a sole propritorship or corp any owners have to submit to a credit check right now the score itself doesn not matter but we can not have any open leins, judgements or bks...can't wait until after because of the BK they don't want to see any BK's within 5 years...whille he can't actually lose his licence it would basically have to sit in a inactive status for five years...Once everything is qualified its not an issue my personal BK won't interfear and we can begin operating as the new corp..

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Is this a small claims action? If so you have to attend the pre-trial conference or you will have a default judgment entered against you. Depending on where you are in Florida, it may take six months to a year to get a trial date after the pre-trial conference.

Even if you believe you owe the debt, make sure the plaintiff at least has standing to collect.

Review the appropriate Rule of Procedure.

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Ok I've looked over the summons a little closer and tried to read the rules for procedure kind of long and boring and looked through the boards...

So I know I have to appear, I don't really have anything to bring with me...and I'm a little stumped on what to say...

I know I'm filling BK but haven't yet and won't be for a few months...I do need to register for the pre bk thing

The counts include unjust enrichment...Harvest appears to be a junk debt collector..the only paperwork attached was a certification of amounts due, a bill of sale showing they bought the assets from Barkleys last credit details which basically shows Barkleys bank wrote it off in October of 2008. I know that Barkleys was not the origional creditor I can't recall whom it was but Barkleys bought the credit account

So am I correct the thing to do is:

Go to court at the god awful hour of 8:30 am and basically state I don't have sufficient knowledge of the allegations.. and request that Harvest credit management provides proof for me to make a determination

This is in fact the first contact I have recieved from Harvest Credit Management.

Do I at any time mention a pending bankruptcy filing?

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$2700 and I made a mistake yesterday and spoke to the attorney representing them...UGH I informed them that BK was inevitable but did not have a case number yet we were just doing the pre bk counceling...he tried to get me to sign a stipulation for judgement as the bk will wipe it all out anyway and would prevent court and legal charges being added...I didn't agree told them I would talk it over with my husband first...but maybe this is the the best way to go I would assume it would keep the judgement off my credit and allow me to get done what I need to first...

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I agree with Flalawyer. Don't sign a stipulation for judgment. That is an agreement to the judgment without going to court.

If you show to the pre-trial conference, as Flalawyer points out you will probably have 6 to 12 months before anything happens. This gives you plenty of time to do what you need to do in filing for BK after you form your corporation.

The jdb's are expert at saying the things they know will panic us into a payment or signing an agreement. Signing the stip is the worst thing you can do now. Don't believe anything the JDB attorney has to say, now is the time you need to be extra careful. I wouldn't sign anything - other than the BK petition when you are ready!

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$2700 and I made a mistake yesterday and spoke to the attorney representing them...UGH I informed them that BK was inevitable but did not have a case number yet we were just doing the pre bk counceling...he tried to get me to sign a stipulation for judgement as the bk will wipe it all out anyway and would prevent court and legal charges being added...I didn't agree told them I would talk it over with my husband first...but maybe this is the the best way to go I would assume it would keep the judgement off my credit and allow me to get done what I need to first...

Then you need to review the small claims rules. They are short.

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Thanks everyone...My mistake wasn't so terrible the lawsuit is against my husband I'm not even mentioned and don't recall being a co signer on the account...technically he shouldn't have even discussed the case with me...so if by chance that conversation were to come up he can deny knowing anything about it...

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