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Being sued

Valued Member

Being sued

How does it generally work when you are being suid by a creditor during a BK?

Message 1 of 5
4 REPLIES
Valued Contributor

Re: Being sued

Once they got the notice of the BK filing. All collection attempts have to stop. If they want to contest the balance. They have to show up at your meeting of creditors and plead their case. You can go on PACER and print your file date notice and send it to them and tell them to stop due to violation of the courts stay. Notify your lawyer also.



My posts are JMHO. I DO NOT claim to be a FICO expert. Just sharing my experiences from rebuild to recovery after BK DC.
Message 2 of 5
Regular Contributor

Re: Being sued

I got sued and had a court date. I filed BK before the court date and they dismissed the lawsuit when my attorney sent them notice of BK. I'd make sure the attorney has both the companies info and the attorneys info that filed the lawsuit.
Message 3 of 5
Regular Contributor

Re: Being sued

To actually answer your question, if the lawyers got your notification of BK filing, then at that next court date your case will be dismissed without prejudice.  That means it will be dismissed, but with the option to refile if your BK gets dismissed and doesnt discharge.  So you might want to MAKE SURE they get the notification of the filing, or you can show up on your behalf with the filing paperwork and present it to the judge.  The case will stop at that point as I said above.  Hope that answers your question.

 

And also know that if this is your first court date, you can show up and ask for a continuance.  You can go alone and say you need a lawyer.  That will also buy you more time if you have not filed yet.

Message 4 of 5
Regular Contributor

Re: Being sued

They can also nonsuit a case prior to the court date. So, if your plan is to show up then I'd call the afternoon before or the morning of (if possible) to double check that you're still on the docket.
My county has online information so I could see what they were doing on the case (not in real time though).
Message 5 of 5