What to do if I received a notice for civil pre-trial for next week for a credit card balance but I’ll soon be filing bankruptcy?
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What to do if I received a notice for civil pre-trial for next week for a credit card balance but I’ll soon be filing bankruptcy?
I will be filing bankruptcy as soon as I receive our tax return. Should I go to the pre-trial and tell them that or should I not go and let them issue the judgement against me since I will be filing anyway?
Asked on December 31, 2012 under Bankruptcy Law, Florida
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Not showing for a hearing is always a bad idea. Since this is a pre-trial, not a final hearing, it can only help you to appear. You do need to advise them that you are about to file bankruptcy. If you have a bankruptcy attorney, they need to know about the pre-trial. Your attorney needs to let the creditor know so that he can stay the suit while the bankruptcy is pending. If you don't appear, you always run the risk of a default judgment-- which could potentially be a higher judgment if you had defenses that you could have presented or asserted. Even if you owe the whole amount on the account, you may be able to get the court to enter a lower rate of interest or attorney's fees...which means less for you to have to pay during your bankruptcy.
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