When can I expect to be sued?

[sheilaE]

We've received 2 threatening letters, 1 from WFB and the other from Chase stating that if we did pay contact them within 15 days that they would take action. I just want to be sure....is this just a threat and what action are they talking about? Are they getting ready to sue us or are garnish wages? Do we still have more time or should we go file today? Will we receive another notice or will my husbands wages suddenly become garnished?
We really wanted to wait as long as we could (4 to 5 more months) in order to save from not paying the cc's. We're 4 months delinquent on Chase and 3 months on WFB.
Thanks.

[SMinGA]

They can't garnish wages without first serving you with a lawsuit, and if they serve you with a lawsuit there will still be plenty of time before they can get a garnishment order. You'll be given a deadline to file an answer, and once you file an answer there will be a court date set. From there, there may be further delays.

Its really impossible to say if & when a creditor will file suit though.

[Lissy]

Have you retained an atty? If so, I would call those 2 companies and let them know you are filing BK and give them your atty's name and number. I had the same thing happen with Discover, though it was after 9 months of no payments. On the advice of my atty, I gave them the info and waited another 5 months to file. They never bothered me again in those 5 months.

[sheilaE]

Thanks SMinGa and Lissy.
I had a sleepless night last night worrying about this. Yes, we have retained a atty. We gave him $100.00 deposit and he told us that when our creditors call to give them his name & number. I'm just afraid if I do that-that it will push everything forward. I really don't want it to move forward just yet. I think I'll give WFB his name & number because they are still calling. Chase stopped calling. I've logged onto our Chase account and sent them a message with the atty's name & number, but they never responded back. Makes me think they've already turned it over to their lawyers.
I think I asked this once before---will avoiding the phone calls buy us more time and then give them the info once they send the "you have 15 days to respond" letter or should i just give them the atty's info now-even though it's only been about 4 months of no cc payments and only 2 have sent the threat letter.
Thanks

[Mi Bankruptcy]

Yup.. Give them your attorneys name and number. When they start asking questions about your case just tell them "my attorney can answer that question" Do you want his\her name and phone number. Just keep repeating that statement. They will stop calling and leave you alone.

They will try to ask questions like what chapter you are filing

[sheilaE]

Sounds good-thanks!

[Lissy]

If they ask you when you are filing or anything other than atty's name and number, don't answer. You don't have to tell them when you plan on filing or anything else. My atty told me that by letting them know I was filing, it would likely stop them from filing a lawsuit against me. That costs them money in atty's fees and filing fees, so if they know it will get dismissed when you file, they aren't likely to bother. Discover did ask me what chapter BK I was filing and I told them that. But like I said, after that phone call, they never bothered me again and never sued me. Every creditor is different, but even if they do still file a suit, you'll have time before any garnishments kick in. If you do receive any summons, give them to your lawyer immediately.

[justdeb]

why not do a limited cease and desist letter stating they can only contact you via mail?

Also - if they sell the debt at any time, make sure you do a debt validation letter and dont miss the timeframe or the CA will get a full judgment in their favor.

[andysmom]

Hi, sheliaE
I'm just as nervous as you- we're about 2 months late (some only 1 month late) and the phone NEVER stops ringing. We have all ringers turned off. I get at least 40 calls a day total from all credit cards. They calls started after only about a week late. We haven't received any threatening letters yet/ just the "we're here to help" and "we want to help you protect your credit rating"...blah,blah,blah.... should have thought of that before raising our interest to nearly 30% and doubling (and in chase's case- tripling) our minimum payments....it backed us right into a corner of having to file bk.
we wanted to try to hold out to get caught up on things but my nerves can't handle it anymore (i do have a moderate anxiety condition) and after talking to everyone here on the forum -as soon as we get our tax refund & spend down what we can't exempt in, we're filing. I just want it over & done with.
I don't think chase will file suit after just a few months on you- but that's only my opinion & i'm in the same boat as you. alot of people on here say they have waited 6+ mos/ some say close to a year. You're prob. okay for a little bit. Our atty. said if we did get a summons to give it to him right away & we'd file ASAP.
even if they do get a judgement you can still include that on your bk- but i'm right there with you on not wanting to go through the stress & anxiety of it all on top of a bk.
You'll be fine

[sheilaE]

Lissy ~ Good advice. Wish I had picked up when Chase was calling non stop.Now they have stopped calling-which probably is not a good thing. I'm just sitting here with the atty's name & number and the next call I get, which should be any sec, I'll give them his info.

Justdeb ~ How do I go about writing a debt validation letter? I'm thinking I may need to get it'll off to Chase very soon.

Andysmom ~ I hear ya on the rates & payment hikes. Chase was asking for $1000.00 minimum payment. All our interest rates went sky high. Almost everything was going to interest and all we were doing was spinning our wheels every month. All I could think was someday we'll die of old age and still have all this debt
I also have an anxiety condition-for which I take something for. On top of that, our youngest has some special needs, which is the reason I quit my job years ago-so I could get him to Dr's appointments. Husband took on more O/T to make up for my loss of income. We stayed afloat for a while, then because of our wonderful CA State Budget cuts, my husbands O/T was eliminated. Slowly but surely we started to sink and came to depend on our cc's to get through the months. We never made any fabulous purchases-it was just every day living expenses for a family of 5.
Anyway, I really want the extra time because we made a few purchases and a couple of small cash advances in January. I too keep reading where people have gone 1 yr before getting a judgment against them. I want some time, but at the same time I seriously wish we were already years into this and could see the light at the end of the tunnel.
Thank you for your super nice message. We're all in the same stressful boat. I hope one day I can write on here how happy I am to have it all done with

A side note: WFB just now called again and I gave them our atty info. They were amazingly super nice. I'm just curious to know what they will do with the information. I hope they just sit on it and wait.

[justdeb]

Here is the debt validation letter I wrote and used - feel free to cut and paste, and add in what you need to.



FROM: XXXXXXXXXXX
123 Sesame Street
Whereever, USA

TO: COLLECTION AGENCY
XXXXX Street
Anywhere, USA

*(And if they are being rep. by the lawfirm, include the lawyers name and address)

LAWYER JOHN
XXXXX Street
Anywhere, USA

Date: XXX XXXX

Re: Your letter, dated XX March 2010 (attached)

To Whom It May Concern at the Law Office(s) of XXXXXX:

This letter is being sent to you in response to a notice sent to me on your behalf as well as by your client, XXXXXXXXXXXXXXXXXX., on XX XXXX 2010, received by me on XX XXXX 2010. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you or the client you represent, XXXXXXXXXXXXXXXXX.

Please provide me with the following:

1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay you what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account;
7. Show me that you are licensed to collect in my state;
8. Provide me with your license numbers and Registered Agent;
9. Signed agreement from the debtor confirming to pay the debt;
10. The agreement which authorizes you to collect debt on the assumed debt.
11. Complete payment history, the requirement of which has been established via Spears v. Brennan 745 N.E.2d: 2001 Ind. App. LEXIS 509 and
12. Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
13. Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302cv577, 2002 WL 32173704 (D.Conn.)

Pursuant to the Fair Debt Collection Practices Act (FDCPA), I am also requesting, in writing that no telephone contact be made by your offices to my home, to my place of employment or any other person(s) regarding such debt. Any attempts by your office and/or your client for telephone communications with me, including but not limited to computer generated calls, any electronic device type of contact, and calls or correspondence sent to or with any third parties, it will be considered harassment under the FDCPA. Let it be known that all future communications with me MUST be done so in writing and sent to the address noted in this letter by USPS. Any other type of communication received other than in writing will be recorded ( ENTER YOUR STATE LAW HERE, YOU NEED TO LOOK IT UP ONLINE FOR RECORDING PHONE CALLS - MINE IS - VA. and used for legal purposes pursuant to FDCPA and standards.

This is an attempt to correct your records and/or your clients records as well as to inform you and/or your client of my intent under the FDCPA, ([COLOR="Red"]Change the code to what your state one is above)[/COLOR] VA Code Ann. 19.2-62, any information obtained shall be used for that purpose. These letters were sent Certified Registered Return Receipt via USPS.

Best Regards,
XXXXXXXXXX

[justdeb]

for the record... after I sent the above validation letter - I never heard back from the collection agency wonder why ... LOL

[sheilaE]

WOW! I'm definitely saving that. I may need it soon to send off to chase. Thank you so very, very much!!!