How long does it take?

[DivorceRuinedMe]

How long does it take for a credit card to sue you, get a judgement and then have wages start being garnished? I ask because it's been 4 months of no payments to Chase. I got a letter today from them stating that if I didn't contact them in 15 days that they may sue me. I know this will happen eventually, I'm just curious as to how fast this whole process is. Realistically, what kind of time frame am I looking at here?

I can't file for Chapter 7 until October due to an increase in income in the month of March that puts me over the median so I'm kinda between a rock and a hard place. I KNOW I'll be negative on I vs J but I'll be over median so that's why I'm so worried. I really don't want to do a 13 although if I had to, it would be for a minimal amount each month I"m sure due to my limited income.

I cannot afford to have wages garnished (although in Florida I read that if you are head of household and you support a minor that they cannot garnish. This is the case with me but still, I am worried).

[SinkingFast]

There's really no rhyme or reason to how long anyone gets before a law suit occurs. It depends on the Creditor. How aggressive they want to be. Do you work a good job where you are paid a wage that's worth the legal costs to garnish? Do you consistently keep a healthy balance on hand in the bank? Do you have property (cars, home) that Creditors can attach with a Lien? Creditors will check you out before moving. They wanna know it's worth their legal costs first.

We went almost a year of non payments before things started to get shaky. Some people here went years between last payment and filing. Most of them, tho, are/were Old Law Filers.

It does seem, unfortunately, that Creditors are being more aggressive now. I guess all the $$$'s the CC's spent lobbying Congress didn't bring them the Reforms they'd hoped for. They were the bottom rung on the ladder before and they are still the bottom feeders.

[demismom]

I work in an office where my stepdad also works in the factory (for my Dad). Anyway he currently has 3 garnishments coming out of his check and the oldest is from 2003, the newest is from 2004.

[DivorceRuinedMe]

I think I may call my atty tomorrow and ask about that whole garnishment thing with the head of household. I have a house, a car and I make good money. Although I do support myself, 4 kids and a husband (that stays home with all the kids - they are all under 5!) I'm sure I look pretty enticing to Chase. I also tried to cancel my direct deposit of my payroll check but for some reason it wouldn't let me on our employee website. I have this sick feeling we aren't allowed to get paper checks anymore. I'll have to check that out.

My debt to Chase is at 35K right now so I'm sure they will be REALLY aggressive, that's why I worry so much. I wish I could just file right now and be done with it. The waiting is killing me lately. I just have to stay strong. Thank G-d for everyone here. I couldn't get through all the stress without you guys.

[keepmine]

You're so close to Oct now, they could sue today and likely not have a court date until next year.
$35K is way above the limit for small claims court. It takes time to docket cases in superior or, circuit court {whatever you call a higher court in Fl.}
If they sue, file a general denial and request a trial. That'll delay long enough for you to file.

[DivorceRuinedMe]

You're so close to Oct now, they could sue today and likely not have a court date until next year.
$35K is way above the limit for small claims court. It takes time to docket cases in superior or, circuit court {whatever you call a higher court in Fl.}
If they sue, file a general denial and request a trial. That'll delay long enough for you to file.

Thanks. I really didn't know if things would move that fast. I was worried it would all happen really quickly b/c of the amount of money I owe.

[Liaah]

Just wanted to add we owe Chase $20,000 or maybe even a little more and we have not paid them in almost 4 months and as of yet they haven't done anything other than send the usual you haven't paid your bill yet. Nothing more.

I guess next month will be 5 months of nonpayment, so I will see if we get that letter.

[CRK]

i had 9 cards stopped paying on 4 of them in summer of 2005,only one has sued me, and they didnt do that till april of this year, stopped paying on others a couple of months ago, i'll be filing bk soon

[HHM]

Chase is not that aggressive to sue (Discover and MBNA are very aggressive). I wouldn't worry about it. Like others have pointed out, even if they decide to sue, from they day they make that decision, it would probably take them at least 3 months to get a judgment and then another month to get a garnishment in place.

[DivorceRuinedMe]

Well, I really hope it doesn't happen faster than what you've all said b/c Lord knows, I cannot afford it right now. I can't afford one more monthly expense. I'm definitely in the negative on I vs J and will be for a very long time (I got remarried and now support 2 stepchildren. Supporting 4 kids is a surefire money sucker - LOL)