[zizi30]

I live in California and in the beginning of October 2007, I was served with a summons to respond within 30 days to a law firm that was handling a charged off credit card. I did not respond, but I did interview two lawyers to consider Chapter 7, which I do qualify for. My question is this, if I have not heard from them since then, can they still try to serve me a summons to appear in court? I am still considering the Chapter 7, but I have not made a solid decision.

Thank you in advance

[Betty3]

Are you sure they didn't get a default judgment against you since you didn't respond? You might want to verify with the court.

If the original summons was not a summons to appear in court, yes they can still serve you with a summons to do so. If they do & you don't show up in court, they will get a default judgment against you.

[BOR]

I live in California and in the beginning of October 2007, I was served with a summons to respond within 30 days to a law firm that was handling a charged off credit card. I did not respond, but I did interview two lawyers to consider Chapter 7, which I do qualify for. My question is this, if I have not heard from them since then, can they still try to serve me a summons to appear in court? I am still considering the Chapter 7, but I have not made a solid decision.

Thank you in advance

One you file Bankruptcy, it will STAY any lawsuit, meaning if you are scheduled to appear and do not, but have filed BK, you can not loose by default, the case is Stayed, however, your attorney will notify a court where pending litigation is of the Stay. Make sure you inform your attorney of ANY litigation against you at the time you file.

Any papers from any creditor/potential creditor you receive while in BK, immediately tell your attorney what they are.

[zizi30]

Would I not have received anything stating that I received a default judgement? I am just wondering if they were just using a scare tactic to force me into paying.

[Betty3]

A notice of a default judgment should be sent to all parties.

[zizi30]

Thank you everyone for your answers.

[Betty3]

You're welcome.