What to do if I received a notice for civil pre-trial for next week for a credit card balance but I’ll soon be filing bankruptcy?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I received a notice for civil pre-trial for next week for a credit card balance but I’ll soon be filing bankruptcy?

I will be filing bankruptcy as soon as I receive our tax return. Should I go to the pre-trial and tell them that or should I not go and let them issue the judgement against me since I will be filing anyway?

Asked on December 31, 2012 under Bankruptcy Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Not showing for a hearing is always a bad idea.  Since this is a pre-trial, not a final hearing, it can only help you to appear.  You do need to advise them that you are about to file bankruptcy.  If you have a bankruptcy attorney, they need to know about the pre-trial.  Your attorney needs to let the creditor know so that he can stay the suit while the bankruptcy is pending.  If you don't appear, you always run the risk of a default judgment-- which could potentially be a higher judgment if you had defenses that you could have presented or asserted.  Even if you owe the whole amount on the account, you may be able to get the court to enter a lower rate of interest or attorney's fees...which means less for you to have to pay during your bankruptcy.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption