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    thuey39601's Avatar
    thuey39601 Posts: 1, Reputation: 1
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    #1

    Sep 15, 2008, 06:59 PM
    Court Summons for credit card debt 1 week before filing Bankruptcy
    I have just passed the means test to file Chapter 7 bankruptcy. I anticipate filing within the next week. Today I was served a court summons to circuit court by the collection agency representing the credit card. Does the court summons stop my filing bankruptcy or does the bankruptcy stop the court summons?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Sep 24, 2008, 05:24 PM
    Once you file the bankruptcy, this will stop the civil court summons and hearing, they cannot proceed. Make sure you have the bankruptcy attorney send it to the civil court and reference te case number
    kbird8's Avatar
    kbird8 Posts: 2, Reputation: 1
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    #3

    Sep 24, 2008, 07:47 PM
    Thank you for your answer. I cannot file bankruptcy because I already filed a chapter 7 in 2002. I only have about $3,000 in outstanding debt total. I sent a debt validation letter to the atty today asking for copies of my receipts and payments to confirm that they are more than 4 years old. I stated that I would be interested in settlement. If I don't hear from them within 3 weeks I plan on answering the complaint.

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