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Call from Pre-Litigation department

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  • Call from Pre-Litigation department

    Hello,
    I am new here. Heres a brief description of my situation: I know I will be filing Ch 7 in a few months. I have to wait until about Nov/Dec to qualify for Ch 7. (I had a second job but lost it to layoff...so now my one full-time income will qualify me for Ch 7....I was also recently injured in an accident and cannot work an extra job anymore-not to mention the growing medical bills)
    I stopped paying my chase card (Balance was around 10K)in June of this year. Today (sept 29) I got a voice mail from their pre-litigation dept. Do they traditionally sue after 3 months of non-payment?
    I could use advice on these collection calls....should I tell them I am in the process of interviewing bk lawyers or will this make them sue faster? I just want to forestall a suit from them since I know I pass the means test and there is not much for them to garnish since my income has dropped...
    Any advice is appreciated.
    Thank you,

  • #2
    Don't be concerned about the "pre-litigation department". That's just another bill collector trying to get you to send them money by pretending they're filing suit. I suggest you don't answer any more collectors' calls until you've filed bankruptcy and can give them your case number. Good luck!
    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010

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    • #3
      The earliest I've heard Chase suing was 5 months of non-payment (I was sued by them after 7 months)...so you should have time. I will say, not to alarm you, they do seem to be, currently, the most aggressive filer of lawsuits in my area. It might not hurt to just talk to them very briefly and very infrequently until you can file.

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      • #4
        Even if Chase does sue you, show up and Deny everything. Most likely you will receive a letter from a lawyer/CA in your state before they sue. They have to show up too. If they don't case dismissed. You can also check your county's web site for court cases. search your name. Usually it will show up before you are even served. I got a summons in July and showed up and denied that it was my debt. The judge continued the case another 30 days. I showed up again, they didn't have the proof. Continued again. Judge said case will be dismissed if they don't have the paperwork next time. So now I have till November.

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        • #5
          Not that it matters, but I haven't paid my Chase credit card in 3 years, and I am currently in foreclosure with them for 2 years and they will not take my house either.

          Maybe it is just different parts of the country? Chase doesn't even call about my $8000 credit card.
          Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

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          • #6
            I made it a year with 5 of their cards. no suit. in fact they were the least agressive of all of mine. i guess it just depends on luck.
            Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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            • #7
              I was sent to a "law firm" at 4 mo and 60days later, they filed suit (I did not DV) Amount was much larger, and its still ongoing after an additional 9mo+. Probably at least 90days before any SJ and thats IF I can't get them to arbitration...All these timelines will vary widely form state to state, district to district, etc. The "rule of thumb" is they charge off after 6mo, send to collections, then ~2mo before any suits are filed. If a suit is filed you have ~30d to respond or auto judgement entered..If you even answer a suit in basic form, you can buy another 60-90d+ before SJ.

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              • #8
                We were also sued quick by Chase. They sent it to legal after 90 days, and then filed in court before 180 days. Ironically, it was the same week we informed them we were filing bk, which was too late for the complaint, but may have slowed them down after our answer. In hindsight, I would probably tell them I was planning to file, just don't agree to the amount you owe.

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                • #9
                  I owe Chase 23k on one card and another $10,000 or so on affiliated cards. Its been two years since I stopped paying. My credit report indicates a zero chance of a collection recovery.

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                  • #10
                    Jacko, LOL! Yeah my credit reports look like a quadruple train wreck with NO survivors. It has not stopped a few creditors from suing me, but I have to think it has slowed down many.

                    In terms of prelitigation, when they call, tell them you are with the pre-bankruptcy department and they should piss off. They are likely to never get a penny from you. I've been attacked by at least 7 prelitigation departments. Ask them for written information, send them a DV, and they will vanish.

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                    • #11
                      I have yet to talk to the creditors on the phone and via mail. I left the state due to foreclosure and staying with family. Not a worry.

                      Originally posted by treehugger1 View Post
                      Jacko, LOL! Yeah my credit reports look like a quadruple train wreck with NO survivors. It has not stopped a few creditors from suing me, but I have to think it has slowed down many.

                      In terms of prelitigation, when they call, tell them you are with the pre-bankruptcy department and they should piss off. They are likely to never get a penny from you. I've been attacked by at least 7 prelitigation departments. Ask them for written information, send them a DV, and they will vanish.

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                      • #12
                        I should probably add that in our case, we were current on a few major tradelines.

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                        • #13
                          Originally posted by treehugger1 View Post
                          Jacko, LOL! Yeah my credit reports look like a quadruple train wreck with NO survivors. It has not stopped a few creditors from suing me, but I have to think it has slowed down many.
                          In terms of prelitigation, when they call, tell them you are with the pre-bankruptcy department and they should piss off.
                          LOL!!!! I love that! ..can you just hear the call: "Hello, and thank you for calling the Pre-Bankruptcy Department"
                          "At the sound of the 'beep' please indicate the amount of money you will NOT be receiving due to my BK....and as always, have a great day" ....beep!

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                          • #14
                            Hey---treehugger---I love this one---and might as well fight fire with fire.

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                            • #15
                              Thanks for all of the great advice. Lol! Yes, I think I will officially start taking calls as the "pre-BK" dept!

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