How long does it take CC companies to sue?

[backtoschool]

Not served...a form letter with 20 days to repond or they are going to refer me to their attorney....

That is just a form collection letter and I would not assume at all that a lawsuit is coming up soon.

[daytona]

Not served...a form letter with 20 days to repond or they are going to refer me to their attorney....

[backtoschool]

Chase is threatning to sue me at just 60 days late and never late in 14+yrs prior!

Have they served you papers? A collection letter threatening to sue is probably not a real near-term threat if you are only 60 days late.

[daytona]

Chase is threatning to sue me at just 60 days late and never late in 14+yrs prior!

[Rog]

I was sued by Citibank 4 years after I defaulted ($17,500). I didn't even respond to the complaint as I was saving money for a bk attorney. The plaintiff pushed for default judgment but the judge denied that due to insufficient proof of debt. That was almost a year ago. When I look at court cases in my county regarding this attorney, the majority of the cases are dismissed due to lack of prosecution. Go figure!

I have 6 other delinquent accounts and none of them sued allowing the SOL to expire. Total debt of $49,000. Again, go figure!

[ace13]

How much time do you have after getting a letter like that from your creditors, to file Bankruptcy? I keep thinking we should just hold out as long as we can....because I'm worried about losing our tax return (which is usually about $5-6K). Then again, I suppose they will wonder where I spent the money? I'm going to need a car--mine is a leased auto. So, I'm hoping to have a little bit of money to purchase a good used car.

I have also noticed that BofA is a little harder to deal with. I have 4 other cards that are CHASE and they are just starting to get aggressive now. To the point that they've called my family and involved them. Great!

My attorney did advise if we are not ready to proceed with filing and I'm sued that I should just let them enter default judgment without me appearing then we file an appeal and at that point file BK petition all the while letting charges age...court dates take a little time. Which in turn gives us the debtor time to finalize pprwork for BK petition

[backtoschool]

How much time do you have after getting a letter like that from your creditors, to file Bankruptcy? I keep thinking we should just hold out as long as we can....because I'm worried about losing our tax return (which is usually about $5-6K). Then again, I suppose they will wonder where I spent the money? I'm going to need a car--mine is a leased auto. So, I'm hoping to have a little bit of money to purchase a good used car.

I have also noticed that BofA is a little harder to deal with. I have 4 other cards that are CHASE and they are just starting to get aggressive now. To the point that they've called my family and involved them. Great!

The minimum time you would have after a creditor sues you is the 30 days you have to respond to the complaint. If you send them a DV as a reply, and drag the complaint out a bit you could probably buy yourself several months before you file.

[LostNFound]

How much time do you have after getting a letter like that from your creditors, to file Bankruptcy? I keep thinking we should just hold out as long as we can....because I'm worried about losing our tax return (which is usually about $5-6K). Then again, I suppose they will wonder where I spent the money? I'm going to need a car--mine is a leased auto. So, I'm hoping to have a little bit of money to purchase a good used car.

I have also noticed that BofA is a little harder to deal with. I have 4 other cards that are CHASE and they are just starting to get aggressive now. To the point that they've called my family and involved them. Great!

[ForumReader]

Stopped paying in May '09, and just received summons today from Chase for 8400. Damn. Have a total of 7 accounts, 2 with Discover, 2 with Citibank and 2 with Chase, and 1 with Capital one. Was hoping to wait to file, but looks like we will now.

A similar situation happened to me with BoA. I had to file BK immediately I also had two Chase cc's but they never sent letters or lawsuits. It depends on the creditor and its' subsequent CAs how aggressive they are with the past due debt. Filing for BK will take care of your summons. Good luck

[midnight]

Stopped paying in May '09, and just received summons today from Chase for 8400. Damn. Have a total of 7 accounts, 2 with Discover, 2 with Citibank and 2 with Chase, and 1 with Capital one. Was hoping to wait to file, but looks like we will now.

[ace13]

We have not decided on an attorney yet. We have one that is about 1/2 hr away and he is also a trustee. I would think he's going to have a pretty good idea what we can do, but I'm also nervous to share everything with an attorney. I have some things that we did that I question, simply because I've been reading up on everything and I get nervous.

The REAL question here...is how do you KNOW you have a GOOD attorney??? ha! They all want to make money...

You have to question him/her like a witness under oath...haha. Trust your gut and if you are honest with your attorney you should be fine. Including being honest about any questionable charges. If the attorney is experienced enough I'm sure they have seen it before and handled it well. It's my experience in working in the legal system over the years (not BK) that attorneys don't like being lied to by their clients (snowballed, blindsided). Just my two cents

[OhioFiler]

We stopped paying on all 5 of our credit cards in Feb 2009. It seemed like the calls go really bad after about 90-120 days late. I was getting as many as 10-15 per day. I just kept telling them that I don't handle financial matters over the phone and hang up. I sent them a letter to get them to stop calling. Shortly after that, one of my cards went into collection. They sent me letters and threatened to take me to court--it still hasn't happened.
Now, I think my other cards are going to another collections account.

Last week, I gave my attorneys number (totally nothing to do with BK, but rather unlawful debt collection actions), and the first thing they asked was "is this going to be a bankruptcy." For the first time, I actually TALKED to them and said that it most likely was going to be. We haven't received another call.
I hope that doesn't mean they are trying to sue us quickly!

We still have to go through all our paperwork to determine if we qualify for bankruptcy. It seems so very overwhelming. I'm also very worried about doing this. I feel like the trustee is the BIG BAD WOLF and I'm going to get into trouble for not paying my bills.

Most of the time these collectors will follow up in 30 days or so and ask if you're still planning to file BK. They really stop bothering you when they realize there isn't anything in it for them.

[LostNFound]

We have not decided on an attorney yet. We have one that is about 1/2 hr away and he is also a trustee. I would think he's going to have a pretty good idea what we can do, but I'm also nervous to share everything with an attorney. I have some things that we did that I question, simply because I've been reading up on everything and I get nervous.

The REAL question here...is how do you KNOW you have a GOOD attorney??? ha! They all want to make money...

[ace13]

That's how I felt about he trustee but after reading somuch from others on here as long as you are prepared for your 341 you should be fine. Hire yourself a good BK attorney to start

That process took me a bit to decide,after all it's my future not the attorneys
Luckily I found someone I can trust...so far

good luck to you

[LostNFound]

We stopped paying on all 5 of our credit cards in Feb 2009. It seemed like the calls go really bad after about 90-120 days late. I was getting as many as 10-15 per day. I just kept telling them that I don't handle financial matters over the phone and hang up. I sent them a letter to get them to stop calling. Shortly after that, one of my cards went into collection. They sent me letters and threatened to take me to court--it still hasn't happened.
Now, I think my other cards are going to another collections account.

Last week, I gave my attorneys number (totally nothing to do with BK, but rather unlawful debt collection actions), and the first thing they asked was "is this going to be a bankruptcy." For the first time, I actually TALKED to them and said that it most likely was going to be. We haven't received another call.
I hope that doesn't mean they are trying to sue us quickly!

We still have to go through all our paperwork to determine if we qualify for bankruptcy. It seems so very overwhelming. I'm also very worried about doing this. I feel like the trustee is the BIG BAD WOLF and I'm going to get into trouble for not paying my bills.