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Maverick, Attorney
Category: Legal
Satisfied Customers: 5735
Experience:  20 years experience as a civil trial and appellate lawyer
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Okay I have since I last spoke with you have recieved two summons

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Okay I have since I last spoke with you have recieved two summons and a request for entry of Default from one of the credit card collectors. I have spoke with a local attorny and said bankruptcy was the only way ch.13. I did not put him on retainer because i was waiting for my lender to finsh a loan modification on my home which did not go through becase i make to much to qualify. But I still have a lot of exspenses They ask for but did not consider I think. It may be a government program don't know.

so at this point im am not sure what my opptions are, they both stated on the summons about a hearing in I think one was April, and the other in May at my local court house in 2012.

and the Request for Entry of Default what does that mean? I think their trying to get a judgement on me sooner than next year. is what i gather.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.


The request for entry of default is being made by the creditor to get an early judgment against you because it appears that you failed to file an answer. You need to consider filing a chapter 13 bankruptcy right away as it will freeze the two lawsuits right in their tracks. This is because as soon as a BK is filed an automatic stay goes into effect and the creditors will have to get permission from the BK judge to get the stay lifted.


Once the BK is filed, you will likely have 3-5 years to pay off arrears on the home and other secured debts. As for credit card debts, you may only have to pay cents on the dollar under the chapter 13 repayment plan.



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Customer: replied 5 years ago.
So just because the original summons talks about next spring doesn't mean I have upto that amount of time on my side before they can move on doing something. Like collect. The max they can collect is 24% is that right.

That's correct, if they get a entry of default, they can try to start collecting on it as soon as the default judgment is granted.


They can try to attach the judgment to freeze you bank accounts and to garnish your wages and also to take your non exempt assets. Under federal law, they can only garnish about 25% of your wages.



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Customer: replied 5 years ago.
Thank you muchLaughingtitle="Laughing"/>