C.C question

[Yoshi]

Hi All,

I am currently preparing to file chapter 13. I've had two consults and seeking a 3rd before selecting a atty.
Based on the fees I'm not in a postition to pay the lawyer completely to file up front. So I have to stop paying some of my bills to save the money for the atty fees.
Would anyone happen to know how long after stopping payments before legal action is started against me? Meaning if it takes 4 months for me to save enough money to file, and I dont pay money to the credit cards. Am I at risk to have garnishment start or some other legal action?

I am new to this forum and I am thankful I found it. Its very difficult to prepare or become knowledegable is this subject. I've searched endless trying to find info and atty's are not very helpful in a consult besides how the 13 works.

Thanks,
Y

[hyg1974]

I waited 6 months after defaulting to file. Nothing happened other than lots of phone calls. Lawyer said I could have been ok up to one year. Of course, it will be harder to restore credit afterwards if you go in with lots of late pays.
But, in my case it doesn't really matter---in 5 years I'll be in my 60s. Not interested in using credit at that point ! Wish you lots of luck!

[liz417]

When I retained my (1st attorney) May '08, I stopped paying all creditors...I just filed this past May of '09. I was able to refer all calls to my attorney (at the time) and wasn't sued within that year...
File when you are ready, don't worry about being sued...

[Billssuck]

My paralegal said the very earliest would be 4-6 months after you stop making payments and probably not even that quick for wage garnishments. There is a lot that needs to be done before you can get a wage garnishment (served with summons to appear, go to court, have the judge award the garnishment and even then your bk lawyer can file a motion to stop it based on an estimated filing date). So you have some time. The hardest part is the calls...oh I dreaded them so bad especially when me and my husband had 23 credit cards...yikes!