Laredo, TX Bankruptcy Law Firms & Lawyers

The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must "appear" by way of an Answer in 10, 20 or 30 days, "depending on the method of service." PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You need a lawyer, but if you cannot afford one right away, rather than do nothing and have a judgment entered against you, is to "appear" by filing something! Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer. I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you. Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3. Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is... When you file the Answer that is your "not guilty". You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully. Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away! Good Luck!

That is correct. If you did not reaffirm the debt secured by your house, you can walk away (and the bank cannot call a default and try to evict you as long as you are current on your house). This often leads the banks holding the note against a house not to report the monthly payments you are making it seems to be a strategy to force you to reaffirm, but Courts have ruled that they are not wrong in not reporting the payments.

Sending out a "letter of intention" is not what is required in that situation. So the company is wrong on that part. Also, I would be careful taking bankruptcy law advice from someone whose job is to extract more money out of you, and especially in thinking that person's advice about what the bankruptcy laws require is going to somehow be more accurate than stuff filed by your own attorney who is an actual bankruptcy lawyer and whose goal is to protect you.