[sonnyc]

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

[JudyKayTee]

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

That's not a response until they agree it's a response - I'd pay the filing fee and file the response/answer. This is nothing to play around with.

They obviously think you are bluffing or you won't be discharged (for fraud or who knows what) - and if the actual default date is the 13th of August, I think you missed it.

[sonnyc]

Thank you for you response, I meant Sept. 13, we still have time.

I realize this is tactics, and that they are hoping for the BK to fail, but I figure I haven't got a legitimate response anyway to that lawsuit other than BK, so why waste the $191?

Anyway, I hear you that legally this would seem the correct thing to do to let that Court know of the BK, and the only way to do that is to pay the fee.

Catch-22.

Now, specifically, can anyone tell me if the BK gets discharged, will this stop that judgment?

Thanks

[sonnyc]

Actually, never mind, my wife found the answer on the back of the Credit Counseling Certificate we had to file with our BK. Once we file for bankruptcy, the creditor must STOP initiating or continuing ANY lawsuit, wage garnishment, or telephone calls.

Thanks for the advice however, I appreciate it.

[JudyKayTee]

Actually, never mind, my wife found the answer on the back of the Credit Counseling Certificate we had to file with our BK. Once we file for bankruptcy, the creditor must STOP initiating or continuing ANY lawsuit, wage garnishment, or telephone calls.

Thanks for the advice however, i appreciate it.

I would be very sure that this particular creditor is listed in your Bankruptcy Petition - they should have been notified by the Court.

If they were NOT notified there is a problem somewhere.

(Your wife does good legal research - :D )