There is a Pandemic, so the fact that it took longer than you expected means nothing. Depending on your overall financial situation, an experienced SC Bankruptcy attorney should at least be consulted or retained. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Your case was assigned to Chapter 13 bankruptcy, but this appears to be the incorrect classification. Service of a summons (I am assuming that this is what you are calling a "letter) almost never takes place the same day that the court issued the summons. When the summons is returned to the court, it should contain an affidavit from the person that delivered it, specifying the day it was delivered. Hope this perspective helps!
Comment or add more information about this question in this public forum. Do not contact me privately about this question or my answer.
It is not uncommon for it to take a month or longer for the Complaint to actually be served. The good news is that your time to answer runs from the date you were served, not the date it was filed. I highly recommend you contact an attorney about defending the case. The worst thing you can do is nothing. Be sure to at least file an answer. Also, if you received collection calls, you may have a claim against them. Again, it would be great if you contacted an attorney to discuss your options further.
Answering this question does not create any attorney/client relationship. Any information provided is simply based on a review of the information provided by the question and is for informational purposes only based on very limited and incomplete information. This answer does not constitute legal advice or formation of an attorney client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline