Legal Question in Bankruptcy in California

Got served in California, dont what to do with the answer form

I just got serve yesterday from one of my creditcard and I have to answer the form and I dont even know how to answer the form. I have 30 days to answer the form.

I am planning to file for bankruptcy chapter 13, but I am waiting for HR200 to be approved so I can keep my house. If not I will file chapter 7. I dont want to file yet I would rather save my house but at the same time I would not want them to garnish any wages from me. Should I call the lawyer who's trying to sue me and tell him that I am planning to file by next month,I am hoping the Hr 200 will be approve by next month. I just dont want them to garnish any wages from me.

How do I fill out the forms and letting them know I am planning for bankruptcy. I have seen 3 lawyers already and I was ok with chapter 7 but when I found out the new law about chapter 13 i would like to wait and do that. I will also see another lawyer next week to see who's more affordable.

Can somebody advise me if I should file now and just forget waiting for HR 200, so this lawyer whos trying to sue me cannot garnish any wages from me.


Asked on 2/16/09, 1:04 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Got served in California, dont what to do with the answer form

You may find the form answers on the Judicial Council's website. If you file a bankruptcy within 30 days of the lawsuit being served, you won't have to answer. Even if the creditor obtains a judgment against you, the bankruptcy would impact the judgment. What you don't want, of course, is for a judgment creditor to levy your bank accont or wages, so timing is important.

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Answered on 2/16/09, 1:39 pm


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