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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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Brief description of the case I have a summons/complaint

Resolved Question:

Brief description of the case:

I have a summons/complaint for my auto, which I don't want to respond to. I have moved from my previous address and my ex roommate informed me of the summons. If a writ of possession is issued because I did not answer the summons (within 7 days) and I am no longer at the last known address, what can the lender do if the sheriff cannot serve me?

Also, if I filed BK (chapter 13) after the writ of possession is issued, will this stop the creditor?
I filed BK 7mths ago, but it is dismissed because I am self employed and could not show income. (Real Estate Agent)…100% commission based. However, I have received a job offer, but I cannot began until Sept. So, I need to wait to file BK because this will be my second time in 12 mths (Only a 30 day stay), so I don’t want to file until I have receive a pay stubs for the BK filing and I am sure that will not be dismissed.
In the meantime, my option is to wait until I am working in order to file. I need the car.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.
The creditor must stop all collection action against you. You may repay the debt in the chapter 13. Did you try chapter 13? (You said 7, but income is not needed for chapter 7) If you can show a change of circumstances, you can still file right away, but your automatic stay protection ends after 30 days unless you bring a motion to extend it.

If you do respond to the complaint, you can stretch out the hearing before final judgment. Otherwise, they may be able to get a default judgment against you if you don't show up.
Customer: replied 4 years ago.

Ok and if they get a default judgement against me and I have not started working what are the ramifications of the judgement? Once I aqcuire at least 2 pay stubs, I can file BK and the creditor, even with the judgement, can not do anything other than receive payments through the courts, correct?

 

Can the creditor take out a warrant against me if I dont respond and wait to file Bk once I am working next month?

Expert:  Terry L. replied 4 years ago.
They can usually freeze a bank account, garnish wages (if you start working) and put a lien on real estate (if any)
Customer: replied 4 years ago.

 

Ok, so if I don't answer summons and the creditor receives a default judgement, I will not be arrested with a warrant?

Expert:  Terry L. replied 4 years ago.
They will have an order of possession. If you fail to turn over the vehicle, you may be held in indirect civil contempt. If so, you could be arrested. Consult with your bankruptcy attorney regarding the issue.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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