Behind on debts planning on filing chapter 7 Pennsylvania

[gg1970]

Jurisdiction

Pennsylvania

Hi. Im behind on several credit cards and loans. I am saving to file for bankruptcy and should be able to file end of October. Question 1: If i am sued and they get a judgement since they cannot garnish my wages for this in PA but can garnish my bank account.. if i get paper checks and not use a bank can they still get my money? Question 2: if I get sued before I can file is there a way I can hold off the court date a little longer until I can file? Thank you for any replies.

 

[army judge]

@despritfreya : Someone seeks answers that are within your baliwick, Counselor!!

Behind on debts planning on filing chapter 7 Pennsylvania

Hi. Im behind on several credit cards and loans. I am saving to file for bankruptcy and should be able to file end of October. Question 1: If i am sued and they get a judgement since they cannot garnish my wages for this in PA but can garnish my bank account.. if i get paper checks and not use a...

www.thelaw.com

 

[adjusterjack]

if i get paper checks and not use a bank can they still get my money?

If you don't use a bank there is no bank to levy.

Do you mean hide cash and use money orders? Well, they can't get what they can't find.

if I get sued before I can file is there a way I can hold off the court date a little longer until I can file?

Depends on how much you get sued for and what court it's in. You can ask for a continuance (postponement). No guarantee that you will get it. Lawsuits can take several months anyway.

I doubt that anybody can sue and get a judgment in the next 5 weeks or so.

 

[Tax Counsel]

A default judgement can be obtained somewhat quickly so don't ignore any court summons you may receive. Even if the lawsuit is filed before the bankruptcy is filed the bankruptcy filing will suspend the lawsuit once you make the court aware of the bankruptcy filing, unless the creditor successfully petitions the bankruptcy court for relief from the automatic stay on creditors that is triggered when you file bankruptcy.

 

[zddoodah]

Question 1: If i am sued and they get a judgement since they cannot garnish my wages for this in PA but can garnish my bank account.. if i get paper checks and not use a bank can they still get my money?

I'm at a loss to understand how you think you can "get [and use] paper checks" without "us[ing] a bank." Regardless, there's no way anyone is going to be able to sue you and obtain a judgment before the end of October.

Question 2: if I get sued before I can file is there a way I can hold off the court date a little longer until I can file?

What court date? Assuming you haven't been sued since you posted this last Thursday, the earliest that someone could sue you would be today, August 28. In theory, someone could file suit and serve you today. You'd then have 20-30 days to file a responsive pleading (depending on the court in which the case is filed). Then the court would set a status conference or maybe a trial date. There's simply no way you'd end up with an enforceable judgment before the end of October. Even if you're negligent and ignore the summons and complaint, the likelihood of an enforceable judgment being entered before then is minuscule.

 

[Zigner]

I'm at a loss to understand how you think you can "get [and use] paper checks" without "us[ing] a bank."

Just to clarify this: The OP is speaking about receiving a physical paycheck ("paper check") so he doesn't have to use a bank for direct deposit. The OP has options for cashing said checks that don't require a bank.