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    Custom22's Avatar
    Custom22 Posts: 5, Reputation: 1
    New Member
     
    #1

    Jul 23, 2007, 09:47 PM
    So confused.what to do?
    I have been on the computer for the past 2 days... I have been reading forums and comments from experts and experienced people. Any advice or clearing will be appreciated...

    I have received a summons from a collection agency (CIVIL CASE) stating a debt of over $15,000.00. From what I have read, some say it be good to file a response to the summons with a "intend to defense" and file Discovery (allowing them to valid the debt). No claim no case. No plaintiff = Dismiss.

    OR

    Just file for bankruptcy as soon as possible. I have about 25 days to respond to the summons and the court date is set in "Order to show cause" in Jan. 2008. I am going to respond to the summons to prevent default but deciding if going to court and defend it is better or just filing bankruptcy is better.

    Please advise because I am so confused. Some say bankruptcy asap and some say defend.

    PS> I received the summons on July 18, 2007. The court date is in Jan 18, 2008. Do court dates always that long away. OR did I find the wrong date.
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
    Uber Member
     
    #2

    Jul 24, 2007, 12:09 AM
    I do think that you should be consulting an attorney about this. Live help is much better than seeking the answers over the Internet. You also confuse yourself by looking at other people's cases that may be like yours, but have nothing to do with the intricacies of your particular case.

    Initial consultations are usually free. If you write down all the questions that you ask of the attorney, then you might have all of the bases covered as far as what you need to know. If you are going to get an attorney, please sit down with a friend who can help you to figure out what questions to ask of him or her.

    I would also suggest calling the people who are coming after you and have a witness on the other line. I would tell the people whom you are calling that you have a witness on the other line. The person who is the witness, could be your attorney or someone who might have knowledge about these sort of things, such as a CPA.

    If you file for bankruptcy, this is going to affect your credit for some years to come. I would try to avoid bankruptcy if I were you.

    You do not mention in your post as to whether you are working or not. It would be helpful to know this in order to provide the best answers for you. It would also help to know the country and if applicable, the state where you live.

    I don't know everything about effectively answering your question. But, I do know that I have had others coming after me for money that I have owed.

    I am hopeful that others will come along to offer their opinions and advice.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #3

    Jul 24, 2007, 04:28 AM
    FIle to NOtice to Defend now, if you decide to file bankruptcy that will only, ake a few days.

    Make them prove their claim, file discovery against them to prove they have the original contract you signed, no contract, no claim.

    Remember, if you attend the hearing the plaintiff must be present in the ocurt , no plaintiff, no case. Attorney cannot testify for their client, not orally or in brief, hearsay.

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