It says: "The account records are not attached hereto because upon information and belief: (a) Plaintiff is not the original creditor and does not have possession, custody or control of said records; (b) copies were sent monthly to the Defendant, and are or were in Defendant's Possession, custody or control; (c) said account records may be voluminous.
I have filed bankruptcy but have to pay the attorney fees in full before they file with the court. I called and they told me to respond to the summons by saying vaguely that I plan to take care of the debt but I need more time. They said a court date will be set and then in court I need to ask for a continuance. By the time all that takes place I should have my tax refund to pay my attorney in full to complete the bankruptcy. I've been making monthly payments. They said to never say I am filing for bankruptcy unless the judge outright asks me because that could cause them to push it faster and have a judgement rendered against me before my bankruptcy is filed. I asked if I could ask them to prove the debt to give me more time and they said if I am getting the summons from the court then the Plaintiff has already given them proof that I owe it. What should I do???
Hi Trisscity
You could do as your attorney advises you to. However, I would only like to point out to you that even if you file bankruptcy the summon will not be revoked. It will only be put on hold till the time the bankruptcy court decides that you qualify for bankruptcy. The good news is that if you qualify for a Chapter 7 then the debt will be dismissed but if you qualify for Chapter 13 then there will be a payment term decided for this debt of yours. So, do not draw any conclusions before any court decisions. For the time being, take advice from your attorney and act accordingly.