[forgon]

I just recieved a summons. I am being sued for $4600. Lawyers fees interest and debt.
It is a credit card about 3 years since the last payment. I have had financial difficulty and quit paying all my debts. I wanted to file bankruptcy but never did. I am a student and didnt have the money. My total unsecured debt is probably close to $20,000. All deliquent by 2 or more years.

My questions:

I own absolutely nothing. I pay my brothers truck payment. I drive it but its not mine.
After I go to the firs court date, How long until the trial?
Can I still file bankruptcy after the first court date of the summons?
Should I contact the creditor and get the information on how they arrived at that figure?

What should I do?

Thank you!

[Anonymous]

After I go to the firs court date, How long until the trial?

If you don't answer the complaint in a timely manner, there probably won't be a trial, as you will be declared to have defaulted. Showing up in court probably isn't enough - you typically must file an answer. If you do not default, and show up in court, the trial date will be scheduled based in no small part on the trial court's procedures and docket - if it is a busy court, it could be a while, but if not the trial can come up surprisingly quickly.

Can I still file bankruptcy after the first court date of the summons?

Yes. The trial court should be informed of the bankruptcy. The "automatic stay" would prevent any further proceedings to be held on this lawsuit until either (a) the stay is lifted in relation to the suit, (b) your petition for bankruptcy is dismissed, or (c) the debt at issue in the suit is resolved through the conclusion of bankruptcy proceedings.

Should I contact the creditor and get the information on how they arrived at that figure?

You can contact their law firm, which should be able to provide that information. You can try contacting the creditor, but you will probably have an easier time finding the right person and getting the information from the law firm. If you hire a lawyer, though, they will likely decline to speak to you as they know they should be communicating through your lawyer.

What should I do?

You should definitely consider whether bankruptcy is right for you. It will likely help you to consult with a bankruptcy lawyer about your situation.

You should try to create a list of all of your creditors, and the amounts owed, along with any notices from collection agencies. You may wish to check your credit report to help ensure that you have identified all of your creditors (but there may be debts not listed on a credit report).