CH7 not yet filed, received summons

What is the name of your state? Connecticut

Hi again, I had finally decided to file CH7 BK and am in the middle of filling out all the paperwork involved, sent to me by my lawyer. I received a summons from Discover Card on Friday. The answer date is Oct 14, 2003. Now I'm worried. My lawyer is charging me $1000 to file on my behalf. I've saved about $400. I won't have the entire $1000 by Oct. 14. I'm wondering how to file an answer on my own. Should I let them know I'm in the process of retaining a lawyer for BK? I don't deny the amount I owe Discover card. Any advice would be appreciated also any website with a letter to copy to send as answer would be great too. Thanks for all the great advice.
Meeooww

I had the same thing happen to me. Have you asked your lawyer if you make payments? My lawyer agreed file after I paid 500.00. As long as it's filed before the court date you will not have to show up. I think that even if a judgement is entered on their behalf you can still include that in your BK. Just my opinion. :-)

Erin

[bigun]

First, see if the lawyer will accept a partial payment and go ahead and file prior to the 14th.
If he/she won't then, answer the lawsuit with a general denial. Also, send the lawyer for discover a letter CRRR demanding validation of the debt. That ought to stall things long enough for you to get the money together to pay the lawyer. Be darn sure when you do file that you include a notice to both the lawyer suing you and the court so there are no attempts to slip a default judgment through. As Erin suggested, you can get the judgment vacated but, it's just more time and another court appearence and likely another legal fee.

Thanks Erin and Bigun,
I asked my lawyer about partial payment and unfortunately she won't do anything until the full amount is received. She said I could do a payment plan but again, nothing will happen until plan is complete. I will send a demand for validation letter ASAP. When you say answer with a general denial, do you mean for me to deny the amount? I'll get started on that latter. Thank you.
Meeooww

[bigun]

Just say you've no knowledge of the account in question and you've demanded validation but, the other lawyer has yet to provide you with anything.

CT
Hi again, NOW... the same lawyer who sent the summons (answer date of 10/14) has sent me a notice of judgement by default/failure to appear. If the answer date is 10/14, this doesn't make sense. I called the a-holes office and I was shuffled around and ended up leaving a voicemail. I've yet to get validation back.. Should I be worried or just go by what the original summons said? Thanks AGAIN! I can't wait until BK is filed....
Meeooww