i need some answers

[blossom41me]

What is the name of your state? arkansas i would like to ask a question, me and my husband are going to be fileing bk in the next couple of months. but we have a court date to go for one of the credit cards that we had from 1995, did not hear anything from them till 2003 when i got a summons, filed the answer and all the other things you have to do. did not hear anything from them again till 2006 saying we have a court date in sept. the lawyer we have talked to about our bk read our papers and found that they filed in the wrong county from which i live so he told me to file a ammended anwer with the court so i did. the question i have is should we go to court or just let them get their judgement and file it when we file for bk. the reason we are fileing bk is my husband has been trying to get on disability for over 14 months and i have filed to get ssi, i have not worked in over 10 years and my husbands has not worked since june of 2005. my husband is afraid if we do not show up in court that they can have us arrested or something. could you please put our minds at ease about what will happen if we do not show up in court. it looks like i asked two questions. please help me with these questions. i would appreciate it very much. debraWhat is the name of your state?

[azatty]

What did your bankruptcy attorney say to do? It's impossible to give reliable advice on whether you should let a judgment be entered against you without knowing a lot more than what you've told us. In general, a judgment is a bad thing that can cause problems, even if you plan to file a bankruptcy. Talk to your bankruptcy attorney about the consequences.

[blossom41me]

Originally Posted by azatty

What did your bankruptcy attorney say to do? It's impossible to give reliable advice on whether you should let a judgment be entered against you without knowing a lot more than what you've told us. In general, a judgment is a bad thing that can cause problems, even if you plan to file a bankruptcy. Talk to your bankruptcy attorney about the consequences.

all he told us was to file a ammended answer to the courts, saying that they filed the suit in the wrong county and that venue and jurisdiction would not be proper. i guess he is hopeing that they will refile it in the county that i live in and that way we will not have to go to court in sept.

[Ladynred]

You said they already GOT the judgment against you. That would mean that this court date you are summoned for is likely for a DEBTOR'S EXAM. IF that IS the case, then you dare not blow off the court date, even if you DO have grounds for a valid appeal. If you do not show up for a court-ordered debtor's exam, you will be held in contempt of court and a warrant for your arrest COULD be issued. Any other court date over a debt could not result in any arrest, but this is different.

Far be it from me to 2nd guess an attorney, but I would think you should show up for THIS court date and avoid any possible problems with contempt charges. THEN file the appeal to see if you can't get the judgment set aside as your lawyer suggested.

[blossom41me]

Originally Posted by Ladynred

You said they already GOT the judgment against you. That would mean that this court date you are summoned for is likely for a DEBTOR'S EXAM. IF that IS the case, then you dare not blow off the court date, even if you DO have grounds for a valid appeal. If you do not show up for a court-ordered debtor's exam, you will be held in contempt of court and a warrant for your arrest COULD be issued. Any other court date over a debt could not result in any arrest, but this is different.

Far be it from me to 2nd guess an attorney, but I would think you should show up for THIS court date and avoid any possible problems with contempt charges. THEN file the appeal to see if you can't get the judgment set aside as your lawyer suggested.

no they have not gotten a judgement againist us yet, but this court day that we have they will proabaly get a judgement. that is what this court day is all bout, them getting one againist us.

[Ladynred]

Are you 100% sure of that ?? Don't guess, call the courthouse and find out if a judgment was ever rendered against you in 2003.

You said:

did not hear anything from them till 2003 when i got a summons, filed the answer and all the other things you have to do. did not hear anything from them again till 2006

Trust me, if they filed a lawsuit in 2003 and you answered, chances are they DID get the judgment. They don't generally leave a case hanging for 3 years. If they did get the judgment in 2003, then THIS court date is more like a debtor's exam.

[blossom41me]

Originally Posted by Ladynred

Are you 100% sure of that ?? Don't guess, call the courthouse and find out if a judgment was ever rendered against you in 2003.

You said:


Trust me, if they filed a lawsuit in 2003 and you answered, chances are they DID get the judgment. They don't generally leave a case hanging for 3 years. If they did get the judgment in 2003, then THIS court date is more like a debtor's exam.

I called the court house in march and they said the case was still open, no judgement. i received a letter from their attorneys asking for the court to set a non-jury trial in sept. i dont know what is going on, i got the first letter asking for a answer in april 22 .2003 i filed that with the court. then i received a letter for a request for admissions and interrogatories and request for production may16, 2003 and i filed that. did not hear anything from them till april 28, 2006 saying they had some evidence they were introducing at the trial/hearing. the last letter i received was them asking for the court to set a non-jury trial date in sept. 20, 2006. so the lawyer that i have been talking to told me to file a ammended answer saying that they had filed in the wrong county because i have never lived in the county that they filed in, and that the venue and jurisdiction would not be proper there. so i filed a ammended answer and had it filed aug.11, 2006. maybe you can understand the situation now that i went thru all my paper work and went into detail about what is going on. sorry i did'nt explain it any better. thank you for all you in put though. me and my husband have no income at all just family paying our bills till one of us can either get on ssi or ssdi. and where do i go to find a form for fileing a motion to dismiss? if there is one. and should we show up in court to fight this and hope that it does get dismissed.

[Ladynred]

Thanks, that clarifies a LOT

You could have filed a motion to dismiss the case a loooong time ago, but.. water under the bridge. Good luck !!