sonnyc
Sep 5, 2008, 05:00 PM
I received a summons from a creditor suing me in Superior Court in Pinal County, Az, where I live.
I had 20 days to respond and defend from the file date which was August 25, 2008.
I filed for Chapter 13 on September 3, 2008 and called and gave the case number to the plaintiff attorney of record, I am Pro Se.
August 4 got a letter stating I'm in default of response to that summons, it was an application and affadavit of default from this attorney stamped by a notary public.
I called them again and gave them the BK case # again, and they claimed I never called on the 3rd. We also sent them a certified mail copy of that BK paperwork that same day.
Our question is this:
We drove all the way to Florence to file a response and give them this BK case # (to the Court) and the fee for filing a response was $191, so we did NOT file the response because we feel the BK is an answer to this problem and even if the Court does give them a judgment, the BK will stop any further proceedings.
Is this correct thinking or should we file a response in that Court, we still have time until the actual default date, which is the 13th of August?
Thank you
I had 20 days to respond and defend from the file date which was August 25, 2008.
I filed for Chapter 13 on September 3, 2008 and called and gave the case number to the plaintiff attorney of record, I am Pro Se.
August 4 got a letter stating I'm in default of response to that summons, it was an application and affadavit of default from this attorney stamped by a notary public.
I called them again and gave them the BK case # again, and they claimed I never called on the 3rd. We also sent them a certified mail copy of that BK paperwork that same day.
Our question is this:
We drove all the way to Florence to file a response and give them this BK case # (to the Court) and the fee for filing a response was $191, so we did NOT file the response because we feel the BK is an answer to this problem and even if the Court does give them a judgment, the BK will stop any further proceedings.
Is this correct thinking or should we file a response in that Court, we still have time until the actual default date, which is the 13th of August?
Thank you