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Being sued after discharge for money I spent on one of the Credit Cards

I have declared bankruptcy in 2005 and after going through entire process had a automatic (uncontested) discharge in April 2006. A month after my discharge I received a letter for a Lawyer that represents a ‘major bank’ that has purchased Sears Canada debts and they stated that a month prior to declaring bankruptcy I spent close to 1600 on their card and they claim it was with fraudulent intent. Basically, I was planning on using up all the credit and then declare bankruptcy. So not true. I was living off of Credit Cards (which I never disputed) and being that my Sears MC was the only one left usable, I ended up using it to ‘survive’ ….. Sadly, that was exactly how badly my situation got.
Now, when they sent me the original letter, I called them left 2 messages at their number and followed up with an Email which basically says similar things to what I said in here. I was living off of my Credit Cards due to lack of income and high amount of debt. I never got a return call nor a reply to my Email. I forgot about it, thinking these guys are just trying to use scare tactics to get more money out of me. Last Friday I had a registered letter delivered to me, and to my surprise, it was a court claim filing, for the amount of roughly $2400.
I read through it and noticed that if I don’t file some Defense document (can’t remember exactly which one) within 20 days then the court will automatically rule against me.

I have never been to court. I have tried to put this behind and forget that dark part of my past, but it seems to not go away.

My question(s):

Firstly, what do I do??
Do I need to consult a lawyer, or my former trustees?
Should I just pay and make them go away?
If I do pay, does that mean that I admit to committing fraud?? (Which I most certainly did not do, and will never admit to that!!)

Thank you.
D.

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One Response to “Being sued after discharge for money I spent on one of the Credit Cards”

Barton Goth GCO Bankruptcy Trustees said...

You need to contact your original trustee and seek his advice. As I am not familiar with the specifics of yoru situation nor the local practices of your provincial courts I simply will not be able to provide any valuable direction.