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Roger
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Category: Bankruptcy Law
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a couple years ago after having our 2nd baby, and going down

Customer Question

a couple years ago after having our 2nd baby, and going down to one income we were forced to let unsecured debt go. GE money bank had financed an elective medical procedure with carecredit the year before. I am getting calls, actually and the parents house, from who claims to be a law office. they are stating i have to show up in court at a specific time and date or they will file charges. Is this just a last ditch effort to collect or is this something i should really be worried about?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 3 years ago.

Hi - my name is Kirk and I'm a Bankruptcy litigation attorney here to assist you.

 

If you haven't been served with any papers (summons and complaint) ordering you to appear in court, it is likely a collection ploy.

 

However, if you have been issued a summons and complaint to appear in court, then you need to do so to prevent a default from being entered against you.

Customer: replied 3 years ago.

I have received nothing by certified mail. If it wasnt certified, it most likely got tossed without even being opened unless it is a utility bill. If I go, what can they do? Can they force payment when I dont have it?

Expert:  Roger replied 3 years ago.

The papers would likely have been personally served on you by a process server or by certified mail.

 

My guess is that they want you to show up so you can serve you with process to appear in court.

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