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Old 02-24-2003, 02:48 AM
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Join Date: Mar 2002
Posts: 44

complaint / summons

What is the name of your state? new jersey
I was served summons and complaint for credit card debt.
If I file for BK before the Answer is due, do I need to tell Court
that I filed ?
If I file for BK after the Answer is due, but before default judgment is made, would I need to vacate judgment after
discharge ?
Thanks for replies.
Last edited by joemuni; 02-24-2003 at 03:05 AM.
  #2  
Old 02-24-2003, 09:05 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
If I file for BK before the Answer is due, do I need to tell Court
Yes, give them your case number.

Quote:
If I file for BK after the Answer is due, but before default judgment is made, would I need to vacate judgment after
If you file after the Answer is due but you don't go to court, then they get the judgment and, yes, you'll have to have that vacated after your discharge. However, if you DO go to court and you've already filed for BK, then you take your BK case number and info to court with you and the judgment will never be entered - the stay will be in place.
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