If I plan to file bankruptcy in the next 30 days, do I need answer a summons by tomorrow regarding a lawsuit brought by a credit card company?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I plan to file bankruptcy in the next 30 days, do I need answer a summons by tomorrow regarding a lawsuit brought by a credit card company?
An answer is required for the summons. I am filing bankruptcy soon. I was wondering if allowing the summons to go to default judgment by not appearing tomorrow and then claiming it on my bankruptcy was a viable option.
Asked on December 19, 2011 under Bankruptcy Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since you are going to be filing bankruptcy soon, you can let the default judgment be entered and list the creditor on your bankruptcy which will stop the creditor from enforcing the judgment.
If for some reason, you decide not to file bankruptcy after the default has been entered, you will need to file a motion to set aside the default. If the judge grants your motion to set aside the default, the case will then be back on track and litigation will continue.
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.