Re: whychat/ladynred/anyone---please, i need your help and info
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Posted by TM
(66.91.144.122) on January 07, 2004 at 18:36:11:
In Reply to: whychat/ladynred/anyone---please, i need your help and info posted by Colleen on January 07, 2004 at 17:32:23:
You can file BK anytime. you can do it after a judgment is entered but you will need to act fairly quickly after a judgment so that they will not start garnishment proceedings. Most BK lawyers will give you a free consultation. It would help if you list all your assets and debts and how title is held for your assets before the consultation. That way you can find out whether you can keep all the property you have in a Ch. 7 BK. Then decide what to do. I think W&A is notorious for mailing things out late. So I'm not surprised that you received the notice the same day of the conference. If you did not attend, you need to contact the court immediately to find out what happened. The court may have defaulted you for not showing up so you need to explain it to the judge and file whatever the court requires to get you back on track to defend yourself. Is this lawsuit one to collect on an arbitration award? IF it is related to an arb award, one motion you will want to file is the validity of the arbitration requirement in the cc agreement that you probably did not receive. If there was never an arbitration, then you need to tell the judge you want discovery to validate the debt etc. This way you can see whether W&A has all their ducks lined up. If not, maybe they will not be able to prove their case against you. So you will want to serve interrogatories and a production of documents request for everything relating or referring to the claim they are asserting against you etc.
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