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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I just came home to find a summons on my door from a creditor

Customer Question

I just came home to find a summons on my door from a creditor dated November 2008. It says I have 20 days to respond. Its March 3, 2009. I had already planned to file bankruptcy on March 15th (when I will have the funds to pay for it...) I have no idea what to do. Am I just screwed? Do I just have to let this run its course and have my wages garnished? Are they already going to be garnished because the summons is so old? Any advice is greatly would be nice to sleep tonight! thank you!
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 7 years ago.

It is likely that the case was filed in November of 2008, but you were just served today. It is not likely that anything has happened in the case - like a judgment being entered against you. However, you can call the court clerk and find out what has been filed.


You should file an answer to the complaint, even if it is just a blanket denial of all allegations. Doing this will buy you enough time to make it to your March 15 date. Once you file bankruptcy, the creditor cannot do anything against you.

Roger and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you. I will research filing an answer and do so asap. Thank you so very much Mr. Kirk, I really appreciate it.
Expert:  Roger replied 7 years ago.
No problem and good luck.

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