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in the process of filing bankruptcy, being summons to court by a creditor..advice?

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cannot

Junior Member
What is the name of your state (only U.S. law)? West Virginia

Hello,

my partner and I have been highly irresponsible with our credit for several years. We've finally decided it's time to file bankruptcy and start over. So, we have a car that we both cosigned on, the total amount of the debt is just under $7,000.00; the car blew up and has been sitting at a repair garage for months now. Anyway, we visited an attorney around July 25th and he said we were ideal candidates for chapter 7. He gave us both packets that we need to fill out and get back to him with a list of our debts and so forth. We just finished ours today and are going to take it back on Monday or Tuesday and pay his fees.

So I hear this knock on the door today, wouldn't stop. I finally answer and it's the mail man. I had to sign for a letter that was marked "restricted". The letter reads as followed:

IN THE NAME OF THE STATE OF WEST VIRGINIA, you are hereby summoned and
required to serve upon James G. Graley, plaintiff's attorny, whose address is PO BOX 1835
Huntington, WV 25719, and answer, including any related counterclaim you may have, to the
complaint filed against you in the above styled civil action, a true copy of which is herewith delivered
to you.

You are required to serve your answer within 20 days after service of this summons upon you,
exclusive of the day of service. If you fail to do so, judgement by default will be taken
against you for the relief demanded in the complaint and you will be thereafter barred from
asserting in another action any claim you may have which must be asserted by counterclaim
in the above styled civil action.

The letter is dated for July, 30th; so do I have 20 days from today's date to reply? It was just delivered today. Or do I have 20 days from the date on the letter? I'm pretty
sure they are going to try and garnish our wages for the debt. Have I waited too long to retain a lawyer for this? Will bankruptcy take care of this if my case is filed before
I have an actual court date? Also, should I reply to this letter? Very stressed out. Any input is greatly appreciated. I'm working on my bankruptcy class right now. I really
want to do the right thing.

Thanks.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? West Virginia

Hello,

my partner and I have been highly irresponsible with our credit for several years. We've finally decided it's time to file bankruptcy and start over. So, we have a car that we both cosigned on, the total amount of the debt is just under $7,000.00; the car blew up and has been sitting at a repair garage for months now. Anyway, we visited an attorney around July 25th and he said we were ideal candidates for chapter 7. He gave us both packets that we need to fill out and get back to him with a list of our debts and so forth. We just finished ours today and are going to take it back on Monday or Tuesday and pay his fees.

So I hear this knock on the door today, wouldn't stop. I finally answer and it's the mail man. I had to sign for a letter that was marked "restricted". The letter reads as followed:

IN THE NAME OF THE STATE OF WEST VIRGINIA, you are hereby summoned and
required to serve upon James G. Graley, plaintiff's attorny, whose address is PO BOX 1835
Huntington, WV 25719, and answer, including any related counterclaim you may have, to the
complaint filed against you in the above styled civil action, a true copy of which is herewith delivered
to you.

You are required to serve your answer within 20 days after service of this summons upon you,
exclusive of the day of service. If you fail to do so, judgement by default will be taken
against you for the relief demanded in the complaint and you will be thereafter barred from
asserting in another action any claim you may have which must be asserted by counterclaim
in the above styled civil action.

The letter is dated for July, 30th; so do I have 20 days from today's date to reply? It was just delivered today. Or do I have 20 days from the date on the letter? I'm pretty
sure they are going to try and garnish our wages for the debt. Have I waited too long to retain a lawyer for this? Will bankruptcy take care of this if my case is filed before
I have an actual court date? Also, should I reply to this letter? Very stressed out. Any input is greatly appreciated. I'm working on my bankruptcy class right now. I really
want to do the right thing.

Thanks.
Include it with the information that you give to the attorney on Monday - the attorney will know what to do.
 

Mass_Shyster

Senior Member
Will bankruptcy take care of this if my case is filed before I have an actual court date?
Also, should I reply to this letter?
The Automatic Stay provision of the Bankruptcy laws puts a halt to all collection activities, including court actions.

Finish your credit counseling, get everything to the bankruptcy attorney, and tell you that you want to know when the case is filed, and the docket number.
 

bigun

Senior Member
Would agree with the others. This is a pretty routine occurence for bk lawyers.
It's not unusual for a client to show up at a lawyers office with a shoebox full of bills in one hand and a summons in the other. Just relax-it won't affect your filing a bit.
 
What is the name of your state (only U.S. law)? West Virginia

Hello,
my partner and I have been highly irresponsible with our credit for several years. We've finally decided it's time to file bankruptcy and start over. So, we have a car that we both cosigned on, the total amount of the debt is just under $7,000.00; the car blew up and has been sitting at a repair garage for months now
Thanks.
So there is an original signer PLUS 2 cosigners? Never knew you could have 2 cosigners on a loan.
 

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