As of my default December 1, 2008, I had a BOA Credit card $54,000, A Discover $22,000 and another Discover $11,000, no other debt, no assets. (long story). Upon defaulting I called my creditors and told them I was filling for chapter 7. In January, February & March, I sent monthly certified letters with small payments asking to settle for 10% in payments over 2 years. No response. In April & May I sent certified letters (with no payments) trying to settle for 5% in a one lump sum as that is all I have telling them I was offering the money I would have spent on making a trip to Texas to file for chapter 7 to them instead of filling. No response. They know I work overseas and they know my residence is Texas. The strange thing is that I have had no contact from either creditor, no phone calls and very few collection letters from BOA. BOA sent a few reminders and one letter from "Client Services" St. Charles, MO from the "pre-legal" department telling me they do not work with "debt settlement" agencies and that I must immediately withdraw from the "debt settlement company". (I am not with a company, I tried to settle on my own). They have my email address, my overseas mobile number, a Texas UPS store mail forwarding service address, they have an e-fax number, but so far no contact other than the above. To me this is weird, why? Is this the "calm before the storm"? Are they getting ready to sue? Or, because I am overseas are they spending their time going after other debtors who are considered more "low hanging fruit". I had one Texas lawyer tell me they could sue even though I am overseas, but that serving me would be extra work. I had another Texas lawyer tell me just to sit tight and see what they do. He said they could NOT serve me properly since I am overseas and he said no judge would make me come from overseas to defend a lawsuit. A counseling service said they could serve me with simply a certified letter. I think that with my balances this would not go to a small claims but would have to be a civil suit, so I think that it would be more complicated to serve me.
No collection calls...no collection letters....no response to my settlement offers? What does everyone think about this? Is the lawyer who said just "sit tight" the one who is right?
Thanks!
No collection calls...no collection letters....no response to my settlement offers? What does everyone think about this? Is the lawyer who said just "sit tight" the one who is right?
Thanks!