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Law Girl
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Category: Bankruptcy Law
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I have been served with a lawsuit from Chase for 18,000 debt.

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I have been served with a lawsuit from Chase for 18,000 debt. I filed for extension and now have to serve a pesponsive pleading within 15 days. I was with a debt settlement co. and pulled out on some lawyers advise. (Chase was not accepting their settlement offers). I am 40,000 in credit card debt, I lost my job in June and have only been working sporadically. I have considered bankruptcy, but we are in the middle of the making homes affordable program and was told I have to wait on the bankruptcy until that is finalized. I am trying to stall this lawsuit and do not know how to handle the responsive pleading.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Law Girl replied 7 years ago.


Thank you for your question.


Unfortunately, since you were already granted an extension, it is unlikely that you will be able to obtain another one. Therefore you will probably need to provide an answer to the lawsuit.


Since lawsuits have a life of their own and are controlled by judges and motions and external time factors, you may find it very difficult to stall the lawsuit (especially if the plaintiff is eager to get to trial or resolve the matter).


Your best bet is to timely respond to the lawsuit and then engage in a lengthy discovery process. Many times discovery can stall a lawsuit. However, keep in mind that a plan to stall the litigation may backfire on you, as if you are responsible for the debt, you may be responsible for the other side's attorneys fees (which increase as the case goes on).


Your other option may be to contact plaintiff's counsel to see if some sort of settlement can be worked out, thus resulting in the lawsuit being dismissed.

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