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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Im in the process of doing a BK but received a summons for

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I'm in the process of doing a BK but received a summons for a credit card debt that I need to fill out a pld-c-010 in 3 days or it will be in default. I'm really trying to buy time before I bK because I'm trying to get a loan mod. on my house. What's the best way on filling this out to where it works out correctly??
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.
Is the plaintiff a collection agency or a credit card company?
How far along are you in the modification process (have you started making trial payments, etc.)?
Customer: replied 7 years ago.
No it's Amex, and we received a summons that we need to take the pld-c-010 form into and a proof of service. Our dilemma is our home loan company is taking their sweet time. We turned in the loan mod. docs in June, and our BK att. wants us to file but that will screw us up. We are just trying to buy a little time before we do this, but want to fill this form out correctly so our wages aren't deducted yet either.
Expert:  cfortunato replied 7 years ago.
The modification process takes at least 6 months after you start making the trial payments, and can easily take longer than a year. If you do owe the money to American Express, they will eventually be able to get a judgment - which can be used to garnish wages - whether or not you return the "Answer". If you have a valid defense to the complaint (eg. you think that what AX is asking for is not what you owe), and indicate this in your Answer, this can have the effect of delaying the judgment by about one month only.
Customer: replied 7 years ago.
On the summons is says the actual court date is not until July of 2011, but it said we have 30 days from the notice to reply which is only a couple of days away. We do owe Amex money but don't know exactly how much. We want to claim BK but are real problem is this time crunch. Whats your best advice on what to say on this form to help with this? or any other input??
Expert:  cfortunato replied 7 years ago.
If the court date is July 1011, you have plenty of time to file the Bankruptcy, because AX will not be able to get a judgment before that date - if you submit the Answer. You should just fill in all the blanks, and say that you don't think you owe that amount of money to AX (you don't have to write down how much you do owe).
Customer: replied 7 years ago.
Are you sure?? I'm only asking because I can't afford Amex to attach to my wages. I just want to make I word this form correctly so this doesn't happen. The BK attorney said they can attach to the wages if I don't respond with this form. I reall appreciated this and just want to be on the safe side.
Expert:  cfortunato replied 7 years ago.
Yes - if you do not respond, you will be in "default", and AX can get a default judgment right away. If you do respond, they cannot get a judgment until next July. They need the judgment to garnish your wages.

Edited by Christina Fortunato, Esq. on 8/2/2010 at 6:47 PM EST
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