what happens if you get sued before you file?

[flower04]

Hi all-

Thought I'd ask this unaviodable hypothetical question..
We were going to file next week. Had some unexpected bill come up out of Dh's corporarte CC that we were planning to put into the BK and had to stop all plans to move forward, find the $$ quick to pay that and now we have to wait 90 days to file. It will have been over 11 months by the time we file since we last paid the "amount due" on our CC. We have made small payments of less that 5% on the balances on the recommendation of our attorney over the past several months, but we are still getting calls, letters, etc.

I'm worried that we are going to get slapped with a lawsuit with the extra time table that we didn't anticipate. What happens when this happens?

Any experience?

[jo23171]

my lawyer told me it takes years before they decide to sue you. They have 4 years to do so and he told me most wait until the 3rd year.

[flower04]

What a relief. We have 3 Amex card's we are including in the BK and I know that Amex can be awful. Thanks!

[parsoc48]

Chase was the only one who sued and it was quick, but the actual process (from summons to first hearing) took 5 months..I got one continuance for my response, then filed bk before the 2nd hearing...they dropped the suit, but of course filed a claim quickly.

[fltoo]

I, also, was sued by Chase within 5 months.

[flower04]

When you say 5 months, you mean 5 months after you stopped paying?

[woeisme]

Getting sued isn't the end of the world. We had 3 judgments against us (well, my husband did) and it meant his wages were garnished, but that stopped immediately when we filed BK. After getting sued, you can delay them for a while (look on here and on the internet for ways to get cases continued, asking for paperwork, etc) and even once they get a judgment, they then have to do additional paperwork to get a wage garnishment order or lien. So you can stall for a while even once the court paperwork shows up. You will want to weigh the pros and cons of wage garnishment vs. filing earlier. Worst case scenario is that if your recent charge is contested, you will just have to pay that charge. If that amount is less than what you'd lose in a wage garnishment by waiting, then it might be worth the risk that it will be disputed.

[parsoc48]

When you say 5 months, you mean 5 months after you stopped paying?

Our last payment was in April, our summons in October, with response needed by Dec..hearing in March...bk filed 4/04, and they dismissed their case eventually...but of course was one of the frist to file a claim!

[DUMBAGAIN]

I worry too about being sued. We are going to have to do a 100% payback due to a past BK, but if we wait until next July to file we could include our car and get a discharge. But we are really worried about getting sued. I can't stand the thought of someone coming to my work or to the door handing me a summons!