Legal Question in Credit and Debt Law in California
I have been sued by AMEX for a $10,132 debt under Rule 3.740 collections. My 30-day legal response is due by 12/3010. How can I get an extension of time so I can complete all the Chapter 7 petition forms I've been working on but unable to complete until after 01/05/11?
1 Answer from Attorneys
Call their attorney, and ask for a 15 day extension of time to answer. Obviously, don't tell them you are about to file Chapter 7 (preferably you should not speak to them at all). They will say yes. Write them a letter confirming our conversation of such and such date that you were given an extension. Remember a Chapter 7 will wipe out a default judgment, you don't have to file BK beforehand, unless you have real property that they would file a lien against (which would not be wiped out in a Chapter 7). They won't be able to get a judgment and record an abstract of judgment within 6 days (especially since the courthouse is closed on 12-31, 1-1, and 1-2). There is a lot more to law than filling out forms. You, being a nonlawyer, can seriously mess up either case if you fill out the forms incorrectly. There might be possible non-BK defenses to the Amex lawsuit (you will forfeit these defenses unless you raise them properly in your answer). It will be worth it for you to at least consult a BK lawyer in person.