Were you sued?

[legal_wonderer]

What is the name of your state? TN

The 6 month "write off" time period is fast approaching. I'm just wondering from people who've been sued for non-payment, how quickly did you get sued? The "pre-legal" department (really a CA) for one of my credit cards was very aggressive with me on the phone. They have done credit checks on me and had threatened that I'd be served papers in XX days. So far, I have not been served papers.

I have had no income since December and have no assets. Two of my accounts have balances high enough to warrant suing me (around 18k and 20k). I'm still weighing the risk of being challenged for fraud but am preparing to file to avoid being sued.

Preparing, preparing!

lw

 

[mymymy]

I was sued by Providian. They charged off on me in June/2003 and started proceedings in April/2005- almost 2 years and 10 CA's later! The sheriff was at my door on April 21- I was in the clerks office on the 25th.. and stupid me, I kept hoping we would get on our feet in those two years and be able to settle those debts so I wasn't ready to file BK, at ALL. I took the expedited course in filing pro se.. the five day course. What a trip it's been.

Anyway, I had 20 days to answer the summons. I sent out a "Suggestion of BK" to the court and to Providians attorney. No more than 3 days passed when I received the "Voluntary Dismissal of Lawsuit" from them... whew, that was close and apparently the kick in the pants that I needed to finally realize that BK was the only option left.

I have exactly one month from today to go until discharge. I can't wait til it's all over. I will never do this again. I'd just as soon shoot my foot off! LOL.

the other LW

 

[Ladynred]

The 6 month "write off" time period is fast approaching.

Very few creditors file right after charge-off. Discover is the most aggressive of the bunch with Citibank a close 2nd these days. You are probably at a slightly greater risk because of the amounts, but even that isn't a fool-proof indicator of a lawsuit in the offing.

Do you own a home ? That IS a prime consideration, you have something major they can threaten. If you have few assets and no real estate, the risk is likely to be less even with high amounts - except Discover, they'd sue your dog for his bone if they could

he "pre-legal" department (really a CA) for one of my credit cards was very aggressive with me on the phone.

Pre Legal ?? Oh please, that is SUCH crap. Its a scare tactic, they think everyone in the US is going to be shaking in their boots at the threat of a lawsuit and 'pre legal' means squat.

They have done credit checks on me and had threatened that I'd be served papers in XX days

Count those days.. betcha NO papers are served on you. If this is a 3rd party debt collector, and you get no papers, then they violated the FDCPA by threatening legal action they cannot or do not intend to take.

We have a 6 year SOL here in TN.. so laying low is going to be tougher. With the new BK laws going into effect on 10/17, you may want to consider BK now rather than wait if you're really worried about being sued.

 

[legal_wonderer]

Thank you for sharing!

Yes, Citibank. Received a letter yesterday from a local law firm. At the bottom it says that all lawyers listed are debt collectors.

The letter states that unless I notify the office within 30 days that I dispute the validity of the debt, the office will assume it is valid. If I do notify them within 30 days, the office will: obtain verification of the debt or obtain a copy of a judgement and mail it to me. They will also provide name and address of original creditor, if different from current creditor.

Nothing particularly earth shattering, yet. What happens after 30 days? Setting the timer now.

lw

 

[Ladynred]

What happens after 30 days?

After 30 days, they "assume the debt is valid' and will continue collection actions. That could be anything from letters and phone calls to a lawsuit. Since its a LOCAL law firm, I'd be careful, the next step could be a lawsuit.

You may want to consult a few bankruptcy lawyers now rather than wait.

 

[legal_wonderer]

Citibank is now suing me just over 2 years after I stopped paying. I still have no assets, except one vehicle valued at less than $3000, and income below garnishment level. Hope to meet with a lawyer this week.

 

[bigun]

Let me point something out here. Your problem is not the debts. In a bk, they'll be gone with the stroke of a pin. What you need to do is figure out a way to raise your income post bk or, you'll be in the same shape in a few years.

 

[legal_wonderer]

Bigun, that's why I won't be declaring bankruptcy at this time.

 

[bigun]

Then, why are you meeting with a lawyer?
If bk is inevitable, do it before a judgment is returned and you have the additional expense of getting that vacated post bk.
I'm just saying once the bk is final, make all possible effort to find a better job and improve your lot in life.

 

[legal_wonderer]

I don't think bankruptcy is inevitable at this point.