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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?
Wiki User
∙ 18y ago
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.
Wiki User
∙ 18y ago
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Do you have to go to court after receiving a summons if you filed a Bankruptcy petition.?
response form for bankruptcy F7004-1 summons
What happens when you are served with summons but you were not able to receive it?
The day you gather information regarding issue of summons on you can appear berore the trial court along with the petition stating the facts, through your learned counsel.
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.
What happens when a summons is returned unserved?
if the summons was returned unserved, the plaintiff should asked the court to issue an alias summons if the whereabouts of the defendant is ascertained.
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.
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.
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 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 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?
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 a court summons as a minor?
the parents of the minor can have a warrant out for their arrest
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.
