How long does it take CC companies to sue?

[simplicityof]

No need to be "irked" over the amount of info you have received. Just consider the amount of info you have provided on your specific case before you reach a conclusion. We are all here to asist you with your problem.

Wasn't referring to any site/forum in particular.

You CAN file immediately. Even before defaulting.

But there are good reasons to wait, in many cases. For instance, there are allowable time limits before some transactions are no longer considered. For most insider payments (friends, relatives, up to a certain dollar amount), it is one year. For luxyry purchases it is 90 days-6 months, depending on the purchase and BK district. For other payments, there are other standards, and some of these vary by district. It can be maddening to sort out.

It is for this reason that most people advise: Put as much time between last transactions with credit and your filing date.

For us, that number was almost three years, but we were waiting for some medical treatments as well.

Good luck,

-dmc

Thanks. This is what I thought before I got led astray by an attorney's q&a stating you must be in default to file, whatever that meant.

[Shakin]

I had a feeling I was about to be sued once a collection agency/lawyer in my state started to contact me.

In Massachusetts I believeits the way it goes.

My experience has been that I worried alot even after I hired my lawyer. This is not an easy process. I think all of my instincts were maxed out along with my credit cards. I remember the feeling of release I had at my 341. No creditors there. No more phone calls. Now I am in the 60 day club......actually 30 days now.

[DeadManCrawling]

How much time must elapse from the time when one begins missing CC payments to the BK filing date? In other words what is the absolute soonest one may legitimately file?
I've heard from someone here that at least 6 months from ? is the recommended minimum.
Sorry to have posted in this thread but reading these posts begs the question even more from my perspective. I'm a bit irked by how little I've found on this subject.

You CAN file immediately. Even before defaulting.

But there are good reasons to wait, in many cases. For instance, there are allowable time limits before some transactions are no longer considered. For most insider payments (friends, relatives, up to a certain dollar amount), it is one year. For luxyry purchases it is 90 days-6 months, depending on the purchase and BK district. For other payments, there are other standards, and some of these vary by district. It can be maddening to sort out.

It is for this reason that most people advise: Put as much time between last transactions with credit and your filing date.

For us, that number was almost three years, but we were waiting for some medical treatments as well.

Good luck,

-dmc

[billf]

Delaying

My atty said not to worry about lawsuits - said he could get an extension of 3 mths or so from the court if necessary. My own view is I do NOT want any judgments of any kind, default or not, even if bk could enable them to be avoided.

[aljohnson007]

No need to be "irked" over the amount of info you have received. Just consider the amount of info you have provided on your specific case before you reach a conclusion. We are all here to asist you with your problem.

[simplicityof]

How much time must elapse from the time when one begins missing CC payments to the BK filing date? In other words what is the absolute soonest one may legitimately file?
I've heard from someone here that at least 6 months from ? is the recommended minimum.
Sorry to have posted in this thread but reading these posts begs the question even more from my perspective. I'm a bit irked by how little I've found on this subject.

[aljohnson007]

Sorry about the "heap of trouble" phrase. What I should have said was if you have an OD and don't cure it, you may be blocked from opening an account with any other bank in the future.

[calgirl67]

[QUOTE=LostNFound;343346]DavePhx:
I remember a day when my credit score meant something to me. However, credit got us into this mess. I've come to terms with the understanding that I can't charge things anymore and we have to pay for things as we can afford them (which isn't very often these days). I can see a light at the end of the tunnel. If we can file, we will be able to combine our resources and pay our house down quickly. I'm not sure if Chap 7 will look at that type of income and allow us to proceed that way, but we are working towards that goal. The freedom of being out from under all of that credit card debt would be HUGE!

I'm with you on this part. Once upon a time preserving our credit score was all important but like you, credit got us into this huge mess and we are DONE with it.

We have not charged anything since Jan this year. Funny enough we are still here, we still have our house and cars and food and insurance paid. We just don't buy crap we don't need OR AFFORD anymore.

You CAN live without credit but you have to budget very carefully.

Credit cards are evil. We will never again have one. Once our CH 7 is discharged we will opt out of any offers in the mail. We are done.

[LostNFound]

DavePhx: WE are in the same situation practically as you are. We always paid our bills on time and our credit was in the 800's. When things started to "slip", we used cash advances from credit cards and struggled to get by (we has hoped that one of our rental houses would sell, but it hasn't happened). In Feb, we stopped making our credit card payments too. Usually, we just don't answer the phone. One of our creditors contacted 2 of my husband's family members. We've never acknowledged this debt to them and then they went so far as to tell our 14 year old daughter that her parents were in BIG trouble and should stop running. We have an attorney that wants to go fter them for unfair debt collection practices (there are a few more things they did). But I'm to the point that I just want to file BK and move on. We can fight one creditor and that still leaves 4 more to deal with. I just want to cut off this part of my life and move on.

I remember a day when my credit score meant something to me. However, credit got us into this mess. I've come to terms with the understanding that I can't charge things anymore and we have to pay for things as we can afford them (which isn't very often these days). I can see a light at the end of the tunnel. If we can file, we will be able to combine our resources and pay our house down quickly. I'm not sure if Chap 7 will look at that type of income and allow us to proceed that way, but we are working towards that goal. The freedom of being out from under all of that credit card debt would be HUGE!

We gave back a contract for deed (rental house) last month and we are considering letting 2 of our houses enter into foreclosure.

Can you believe we STILL can't get an attorney to call us back? I have called every day this week--no return phone call and always in a meeting. I hope that means they are good!

[davephx]

I got sued by Discovery immediately after charge off.

They served on my maintenance guy who was fixing the toilet plumbing.

I did a Fair Credit Act demand. All they sent me was a copy of the latest statement not all the stuff I had read on various boards I could demand.

Talked to an attorney. He said by answering the suit I have admitted service and as long as it got to me even if not served personally it is good. I am in AZ so many be different in other states.

Attorney also said raising the Fair Credit Act issue not likely to help. Discovery attorney can quickly move for discovery and add huge legal fees to the judgment. Don't really have much else as a defense but I need to delay as long as possible. But there is no required mediation and doesn't even have to be a Court date - just motions and actions by the Court.

I really don't want a judgment with bank account attachment and garnishments soon to come per attorney.

I have sadly a huge amount of cc debt after trying to keep up last 2 years with never a late payment till early 2009 after using up all reserves and having to use lots of credit to survive. If anyone looks at credit report they would see horrible shape now, including a foreclosure sale of prior home and current one in foreclosue which I am desperately fighting to keep via HAMP but don't want Chap7 to screw it up as it does with some servicers.

[WaitNSee]

As previously mentioned, the CU can overdraft your account and then you are in a heap of trouble unless you cure the OD immediately. My advice is to completely close any account where you owe money.

I'm in the process of getting all direct pays out of the CU. I have stopped the direct deposits. Now I'm a little worried about the overdraft amount. They won't know what I'm doing til the end of November. What is "a heap of trouble" and is there a way to stop OD before I am ready to close account?
WaitNSee

[LostNFound]

I think that collections will vary person to person as well as to whom the debt is owed. I've heard that some cards (like Discover) can be more aggressive then others. I also know that it depends on if they feel you are collectible. If you have assets that they can go after, they will possibly attempt to do that. And yes, you should know if there is any judgments against you.
First, you should get a letter from the collections/creditor, telling you that you have about 20-30 days to respond. You can ask them to verify the debt. The burden of proof is now with them.
Secondly, you should be served papers from someone to know that your going to be going to court. You should have 30 days to respond to that.
Finally, you will have a court date set and you can again ask them to verify the debt. Although, I've never had experience going this far and honestly have fears of that happening--hope it never does.

[hopeforus]

We haven't paid anything since Sept 08 and no one has sued us yet. That we know of. I assume we'd know ...? We are about to have our consult though and should be filing soon after.

[aljohnson007]

As previously mentioned, the CU can overdraft your account and then you are in a heap of trouble unless you cure the OD immediately. My advice is to completely close any account where you owe money.

[LostNFound]

I wouldn't worry about that form letter either. I got one of those from a collections company and they were very aggressive. They called me as well as sent that letter. If you read it closely, you will see that they are making empty threats. I sent them a letter which disputed the debt. You will want to do that. They will forget about you at that point. IF you don't respond, they may try to take it to the next level. They are hoping that you will run away and hide--stick your head in the sand. IF you do, then they win. If you challenge them, they have to provide the proof that its your debt and thats not always easy to do. Especially if you have had the card for a while as they need to provide the original paperwork. Its' also much harder for a collections agency to do that.