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When a bankruptcy is filed an automatic stay goes into effect. This halts almost all actions by creditors such as, lawsuits, garnishments, foreclosures, contempt proceedings pertaining to failure to pay child support, evictions (except California). A creditor retains the right to petition the court to have the "stay" lifted, an action that is possible but not usually granted except when it pertains to secured property. Many of the debts owed that resulted in lawsuits, garnishment, etc. can be discharged in the bankruptcy. This however will NOT be true when new bankruptcy reform becomes law on Oct 17, 2005.

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โˆ™ 2005-10-11 13:41:16
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Q: What happens when you receive a summons that you are being sued by a credit card company right at the time you are filing for bankruptcy?
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Related questions

Does bankruptcy stop a summons?

Bankruptcy stops a summons if it is from a creditor. It will not stop a personal summons for another type of case.


Can you file bankruptcy in response to a summons?

response form for bankruptcy F7004-1 summons


What is the first step if you receive a civil summons as a result of an auto accident?

Notify your insurance company as soon as possible and get a lawyer.


Do you have to go to court after receiving a summons if you filed a Bankruptcy petition.?

Court summons always need to be responded to. Or it will probably become a bench warrant for your arrest.


If a credit card sues you do you have to pay the lawyers representing the company and what do you do about the summons you receive?

If the platiff (the person/company suing) wins , you will be responsible for the legal fees. However, that does not mean they will be able to collect. Never ignore a summons from a court of any type, including Small Claims. You may have a very short time to respond. You need to seek legal advice as soon as possible if you receive a summons. Most attorneys will give you a free consultation. If you cannot afford private counsel, there are legal aid organizations that will assist you pro bono, or at a small fee.


Is jury duty and jury summons the same?

You are summoned to jury duty. This means that you receive a jury summons to perform your jury duty.


Can a child receive a summons to appear in court?

no, only an adult can


What do you do if you receive a summons indicating that you are being sued in Georgia for credit card debt you cannot pay?

If you don't have much equity in assets, then it would be helpful to file either chapter 7 or 13 bankruptcy -- depending on your usual income. An excellent primer about either chapter 7 or 13 bankruptcy is "The New Bankruptcy, will it work for You?" 3rd edition by Stephen Elias, published in 2009 by Nolo; 346.078 E42N Dewey decimal. Also you might contact a paralegal or lawyer specializing in filing bankruptcy in the state of jurisdiction.


What if you receive a summons to court and do not attend?

They put out a warrant for your arrest. Contempt of court


How long till you receive a summons?

Generally in a criminal matter, it's required that you receive a summons no later than 10 days after the filing of a complaint (criminal charge). In a civil matter, it should be no less than 10 days after receiving your answer (dispute to a complaint).


What happens if you dismiss a summons?

It depends on what the summons is for. You may have a warrant issued for your arrest or judgment may be entered in your absence and you won't get the chance to fight your case. Either way, it's best not to ignore a court summons.


What happens when a summons is sent to the wrong address?

When a summons is sent to the wrong address you should return it to the post office. The office will search for a new address.


What happens if don't show up for court from a summons from the judge?

You sue them


What happens when you don't answer a court summons for no ins ticket?

My son moved and did not get his mail. He went to get his abstract, and next to some tickets it says summons not answered? What does this mean?


In North Carolina if your home is forclosed on can they bother your 401 k?

Possibly, but not directly. First they would be required to seek judgment against the debtor for the unpaid balance, for which he would receive summons to appear in court. In the time it takes for this to happen, the debtor could file bankruptcy, effectively protecting any remaining assetts they hold.


Can you receive a court summons by phone?

Like most legal questions this may vary from state to state and maybe depends on the type of summons you receive. In general you must receive a summons personally or by certified or registered mail for it to be valid in court. For example, if you get a traffic or parking ticket, the officer physically hands it to you on that there is an appearance date. You can receive a summons to appear from a duly sworn officer of a court, a process server or even from a regular person. What happens is on the date of the summons if you do not appear the judge will ask the "complaintant" or "complaining witness" if there is "Proof of Service". The return receipt of certified mail, signiture of the person receiving the summons or again the person who served the summons swearing that the summons was served. In absence of that proof a judge cannot order a bench warrant for contempt or failing to appear and in civil matters he cannot enter a judgment in your absence because you were not duly served and given opportunity to appear. A telephone call or even a faxed or emailed summons will not cover the burden of "proof of service" and if someone does it this way and then swears proof of service and either a judgment is entered or a warrant issued you can request to have it set aside because you were never served. This happened to me once when I was representing myself in family court to request an emergency custody hearing for Christmas visitation and I had the summons which I created as well as the proof of service document for the court and I handed her the summons in the waiting area of the courthouse. She claimed that it was an illegal service and asked a sheriffs officer if I could subpeona her like that and he said of course. I filled out the proof of service and had the officer witness it. It was an unnecesary step but when she didnt show for the hearing it served as proof and she ended up losing by default. Anyway, I would check in your state and see what the law is and as technology improves who knows, one day your computer might suddenly have a message saying "You have been served".


Does a magistrate have to sign a civil summons before it is served by finance company?

Generally financial companies don't serve their own summons. A process server employed by your local jurisdictional courthouse is usually the one who serves a summons. Make sure that the individual was a process server, and not a financial company worker. These people may be third-party collections employees who may also be working as process servers. If this is the case, civil summons must be signed by a legal officer or a court official.


What happens when you fail to appear in court for a summons?

You go straight to jail.... Do not collect $200


What happens if you don't show up for the court summons?

A bench warrant can be made out for your arrest.


What happens if you miss jury service Summons?

I beleived in somestates u can get arrested or fined


What happens if you a a month late reporting a car accident?

If the laws of your state require you to repoprt an accident within a certain fixed period of time and you don't, on top of everyting else you could be liable to receive a summons for violation of the state Motor Vehicle code.


Does bankruptcy remove an eviction?

if its related to the bankruptyc, you can include it. and the creditors will have to remove it or flag it for removal in 7/8 yrs because an eviction is related to owing money or a summons, and a bankruptyc filing will/can squash those writs of order to pay. You have to manually add that into your list of creditors when filing for the bankruptcy.


Can a credit card company issue a summons for unpaid debt or can a credit card company retain services of an attorney and sue for unpaid debt?

sure they can but they cant collect or that is what happens in texas they can get an injunction against you but that means you have to pay them but not when Absolutely. You own them the money and they can hire an attorney or sell the debt to a collection agency.


How are you picked for jury duty in Kentucky and how do you know if you don't have jury duty?

The Jury pool in Kentucky is constructed with names from the following places. 1. Driver license 2. Registered Voters and 3. Kentucky State tax filers. If you don't receive a summons in the mail, you don't have jury duty. If you've received a summons and mail it back requesting a postponement or to be excused. You will receive a letter back notifying you if you were granted a postponement or were excused. If you don't not receive a letter you must appear for jury duty on the date list on the summons.


What happens if you don't show up for a court summons as a minor?

the parents of the minor can have a warrant out for their arrest