I received a Civil Summons from a lawyers office and this is the first I had heard anything about this debt. I am to appear in court on Feb. 15th. I called the law firm and they gave me the original creditor (Household Retail Services), the loan number, the amount, my last payment date (August 2002) and the charge off date (October 2002). They could not tell me what it was for. I asked if I could contact Household Retail Services about this debt (to verify what it was) and they said they were bankrupt. I am not aware of ever receiving anything from the debt collector. It just freaks me out that they are taking me straight to court. They say I owe $12,000. I did have financially difficulties in 2002, as I filed a Chapter 11 bankruptcy and it ended up being dismissed for non-payment. I am finally getting back on my feet 6 years later and now this. If they take me to court and take 25% of my wages, I am going to be in the same situation I was in 6 years ago. If I owe the debt (which they can't even tell me what it is), and if they would have contacted me, I would have made some kind of payment arrangements, however, I can't afford to give them 25% of my paycheck each pay period. I'm scared! It's just really sad that I am doing so much better financially now and they are going to put me right back in the same situation I was in 6 years ago. Obviously, I should have filed a Chapter 7 instead of a Chapter 11, but that is all said and done now. Any suggestions on what I should do? :mad: :confused: :o :eek:

Being the amount they say you owe is $12,000, I would get an attorney as this could prove to be very disadvantagous to you should they somehow get a judgment against you and start garnisheeing your wages. The fact you didn't file the chapter 7 and filed 11 instead is moot. What mystifies me is the fact that they charged off the debt and then are coming back at you 5 years later for the payment. Doesn't make any sense to me. Pull your credit report and see what activity for this debt is listed. Take that along when you consult with an attorney on this.

Quote:

---

Originally Posted by webbs523

I received a Civil Summons from a lawyers office and this is the first I had heard anything about this debt. I am to appear in court on Feb. 15th. I called the law firm and they gave me the original creditor (Household Retail Services), the loan number, the amount, my last payment date (August 2002) and the charge off date (October 2002). They could not tell me what it was for. I asked if I could contact Household Retail Services about this debt (to verify what it was) and they said they were bankrupt. I am not aware of ever receiving anything from the debt collector. It just freaks me out that they are taking me straight to court. They say I owe $12,000. I did have financially difficulties in 2002, as I filed a Chapter 11 bankruptcy and it ended up being dismissed for non-payment. I am finally getting back on my feet 6 years later and now this. If they take me to court and take 25% of my wages, I am going to be in the same situation I was in 6 years ago. If I owe the debt (which they can't even tell me what it is), and if they would have contacted me, I would have made some kind of payment arrangements, however, I can't afford to give them 25% of my paycheck each pay period. I'm scared! It's just really sad that I am doing so much better financially now and they are going to put me right back in the same situation I was in 6 years ago. Obviously, I should have filed a Chapter 7 instead of a Chapter 11, but that is all said and done now. Any suggestions on what I should do? :mad: :confused: :o :eek:

---

Do I understand correctly - you filed a Bankruptcy Petition but weren't able to keep up the payments and your Petition was dismissed - you ultimately did NOT file in Bankruptcy? I don't know if you can refile now (if you would like to). If it was dismissed it's like you never filed - I think.

Was this debt listed on your Petition? Is this your debt?

People far more experienced in this than I am will answer you with how to respond - I'm really not sure. (Is a garnishee 25% where you live?) An Attorney could probably be very helpful but I don't know what that office would charge you.