Attorney didn't file response

[snfsma]

What is the name of your state (only U.S. law)? PA

My husband and I are in the process of filing bankruptcy. We got a summons that a credit card company was suing us and we took it to our attorney. He recommended that we have him file a response, otherwise a default judgment would occur before our bankruptcy case was filed. We paid him additional funds to do so. However, in this weekend's mail, we got notice that a default judgment was entered. Apparently, the attorney never filed a response. We're going over to the attorney's office today but I would like to know what (if any) recourse we have with him. What happens when attorneys screw up like this?

 

[latigo]

Considering your impending bankruptcy filing why would it be wise to shell out all ready scarce bucks to an attorney in order to defend a claim in state court that you intended to schedule in bankruptcy?

It doesn’t seem to be a practical expenditure given that it is of no consequence whether the credit card company is listed in your bankruptcy schedules as holding an unperfected creditor’s claim or as a judgment creditor?

In either case the 362 automatic stay order will tie its hands!

So, rather than what was imprudently paid the attorney to make an appearance in the state court lawsuit you haven’t suffered any damage; screw up or no screw up.

 

[snfsma]

Well, the main intent was to delay getting a judgment and having them garnish our bank account. We are not filing bk for another month because I was a high wage earner before I lost my job last year.

 

[latigo]

Well, the main intent was to delay getting a judgment and having them garnish our bank account. We are not filing bk for another month because I was a high wage earner before I lost my job last year.

Then why keep the bank account in the black? Why not draw down the account and pay what bills need to be paid by money order.

Anyway, what did your bankruptcy lawyer tell you as the reasons for delaying the filling?

Is this the same lawyer that you paid to file a response in the state court case and didn't? One can't very well tell from reading your first post with all the pronoun shuffling:

. . we took it (summons and complaint) to our attorney. He recommended that we have him file a response. . .

 

[snfsma]

Then why keep the bank account in the black? Why not draw down the account and pay what bills need to be paid by money order.

Anyway, what did your bankruptcy lawyer tell you as the reasons for delaying the filling?

Is this the same lawyer that you paid to file a response in the state court case and didn't? One can't very well tell from reading your first post with all the pronoun shuffling:

Sorry, yes this is the same attorney that we are using for the bk. The reason we are delaying filing the bk is that I had a high income up until the point I lost my job, as well as getting some lump sum payments the month I was let go. If I file sooner, I would have to go chapter 13 instead of 7, because they would be looking at the last 6 months of income.
Also, my husband who is still working is required to have direct deposit for his paycheck, so we have to have some kind of bank account to put it in. I'm also required by the terms of my auto loan to have automatic withdrawal.