Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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How long do I have to file before sued?

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  • How long do I have to file before sued?

    I am 2-3 months behind on cc's. How long do I have before I will start getting sued?

  • #2
    To be honest, this is pretty much unpredictable. So for now, you need to spend the time shopping for attorneys. A bankruptcy is not the time to "Better Call Saul", you want to find a BK attorney who will give your case the attention that it needs before a crisis is underway.

    In the event that a CC sues you, there is still time. You will have a period of time to reply to the initial suit. During this time, your BK attorney will file the bankruptcy, then file a motion to the court where the CC is suing you to dismiss due to the bankruptcy. The suit against you will then move to BK court and be rolled into the bankruptcy.


    • #3
      It took almost a year for us after we quit paying. We met with an attorney and just waited until we got sued to file. Discover was the first to file suit. We used that time to get stocked up on things.


      • #4
        i heard discover is aggressive - will always come for their money. both my discover cards (husband and mine) made their claims. but why not pay for a whole year? wouldn't that defeat the purpose of paying it back? anything you stockpiled is not going to be there in the future. you're takin from your future self.


        • #5
          Discover IS aggressive. They were among the 1st creditors to sue me, and when I moved out of state for a job, they were the only ones who bothered domesticating the judgment to my new state and coming after me.

          How long it takes varies. Most creditors will go through at least 1 or 2 agencies before handing off to an attorney. My average was about a year.
          This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
          Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


          • #6
            Discover is the only creditor which bothered to come after me legally, though it took them more than 3 years from default to do so. During those 3 years, they passed the account from collection law firm to collection law firm, and loaded the balance with interest, late fees, and over-limit fees.

            When I was finally sued, it was for $6068 on a credit card with a $3000 limit, that was not maxed out at the time of default. I was unemployed, and had nothing for them to take. I'm sure if I owned real estate, or even a car worth more than the state's exemption amount, they would have come after me sooner. I responded to the complaint, and fought the lawsuit, not so much because I expected to win, but to buy time in order to spend down my non-exempt funds and file for bankruptcy. They got their judgment, which of course included attorney fees and other costs--a whopping $8500. I filed for Chapter 7 bankruptcy soon after, and they never got a dime out of me.


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