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Ask F.A. Lengerli, Esq. Your Own Question
F.A. Lengerli, Esq.
F.A. Lengerli, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2
Experience:  Practice areas include Consumer Bankruptcy (Ch.7 & Ch.13), Criminal Defense, and General Practice.
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I received a summons from an attorney representing a visa card

Customer Question

I received a summons from an attorney representing a visa card which I have not paid as I am filing bankruptcy next week. It is a summons to answer the complaint. What can I say in the answer?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  F.A. Lengerli, Esq. replied 7 years ago.

The answer to this question really depends on what you mean when you say you are filing bankruptcy next week. If you have already hired a bankruptcy attorney then just contact him and he will likely notify the attorney that filed the case against you. Once your bankruptcy petition has been filed, the "automatic stay" goes into effect which bars your creditors from taking any action to attempt to collect any debts from you. If you've already hired an attorney to file your bankruptcy, then it's just a matter of him filing the petition with the bankruptcy court. On the other hand, if you have not yet started the process to file your bankruptcy, then I strongly urge you to meet with a bankruptcy attorney as soon as possible and notify him that you have been served on an action to collect a debt. The result, however, will be the same - once your petition has been filed with the bankruptcy court, the automatic stay will bar this and any other creditor from pursuing you any further, except for those debts that cannot be discharged in a bankruptcy (but that is a topic that goes beyond the scope of your question).

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