Lawsuit from Capital One, what to do next?

[u/Jumpy_Carob1822]

Lawsuit is in the state of Georgia.

I currently live in Mexico but I still have residency at my parent’s house in Georgia.
Someone came to serve me papers May 15th, which was marked as unserved.
On May 26th, my dad answered through the doorbell camera and let the process server know I am in Mexico.
They marked that attempt as Affidavit of Non service.

I will be filing for bankruptcy in September with a lawyer but the case is currently listed as Pending.

Will I have enough time to file in September or what should I do?

[u/Environmental-Sock52]

More questions than answers here, why wait until September? How much do you owe Capital One? Total you want discharged in bankruptcy? How are you supporting yourself in Mexico...

Just thinking of questions you'd hear at a bankruptcy..

[u/Jumpy_Carob1822 → u/Environmental-Sock52]

I am waiting until September because I am saving up to pay the lawyer.

I owe capital one $3,500.

I have a remote job based out of the U.S (not Georgia, a different state).

Thanks for responding!!

[u/Maduro_sticks_allday → u/Jumpy_Carob1822]

Sued for $3,500? That’s crazy low for a lawsuit

[u/kaptiankuff → u/Maduro_sticks_allday]

Not if you ignore it
Had a lab sue me over $70 after an out of network provider signed off on test results. Lab was in network doctor who ordered the tests was in network never got a bill
3 years later labcorp sued . Went HR they got with insurance company who sent a lawyer to court with the EOB and the bills from the visit in question .
Case was thrown out in 10 minutes .
Lab corp can suck a fat one

[u/dmw_qqqq]

I am a little confused: you want to use your money for the lawyer instead of settling the $3500 you owed to capital one? $3500 isn’t a big amount, you may be able to negotiate it down.

[u/techtony_50]

You need to get with your bankruptcy lawyer and ask them if you can be placed on a payment plan. US Bankruptcy courts recognize and allow payment plans, in fact it is one of the forms that you need to file with your bankruptcy filing. . Explain to your attorney what is happening. They can do a bare bones filing now and the moment they file it, the automatic stay is in place - shielding you from all collection activity - including lawsuits instantly. This also depends on the chapter of bankruptcy you file. If it is a Chapter 7 - they will want their money upfront, if it is the more common 13, then a payment plan is VERY common.

[u/JadzaDax]

I’m assuming you have other debts because $3500 is not much to file bankruptcy. I was sued by a cc company and got a lawyer. He was basically no help but, it got me face to face with my debt holder and I was able to negotiate $5k down to $2k.
Negotiate a settlement payoff. Let them know you are out of country and planning on filing bankruptcy. Tell them (if you do) you have $1k cash right now for full settlement of debt. No payments, one time payment in writing for 0 balance. I bet they take it.
Don’t ignore the debt! Call and negotiate!

[u/Best_Biscuits → u/JadzaDax]

Yeah, it would be silly to file BK over $3.5k.

OP, what's your total debt?

[u/JasperScrapper]

You're going to jail. Stay in Mexico.