What can I do if a creditor has summoned me to be in court over loan that was listed on a bankruptcy I had 8 years ago?
Question Details: When I called to discuss the situation with the company he asked for me to pay seventy dollars for him filing the case against me. Do I have the responsibility of paying him, even though the loan was listed in my bankruptcy?
Ok do not deal with the creditor at all anymore unless you are in front of the court. First, answer the summons. Do not "default". The law will presume you agree with the complaint if you do not answer it. Put in an affirmative defense that the debt was discharged in bankruptcy and submit a copy of the discharge with your Answer. Wait for the court date and see the Judge. He or she should dismiss the claim. Good luck.
Rate This Answer:
Not Yet Rated
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.