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How Much Time do I have?

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    How Much Time do I have?

    I just got off the phone with Chase and they claimed "today was the last day" before they forward the case to their litigation department. I hung up on them saying "well I'll call back next week just in case something gets delayed on your end."

    Wish I never spoke with them.

    I havent paid since August 09. or answered their calls.

    They are probably close to a summons, dont you think? What does that mean in terms of my time frame? I was hoping for end of April filing at the soonest. I will be under median by April I think, plus there is a lot of legwork to do.

    Is it possible for me to get served and not know it? For instance, something snuck into the mail that looks like a scammer or junkmail or just not delivered?

    How much time do I have once I am served (and know it)?

    If I get some money for a retainer together and get a lawyer and contact number, etc. will that stall things at all?

    Should I tell them that I am filing immediately, even if I don't have a lawyer? Will that delay things?

    thanks so much!

    MMP

    #2
    Now the litigation department will call you. It's just another collection tactic.

    Chill......
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment


      #3
      I agree with frogger... I cannot say for sure but I couldn't tell you how many times I have been told "today is my last day" from these clowns. Funny thing about them is that they wouldn't give me the time of day when I begged them to please consider reducing my interest rate so I would be able to afford the minimum payments. Now they are begging me to consider making a settlement. Just a little too late for that now!!!
      08-2009:Quit Paying Credit Cards
      04-2010:Hired 2nd Attorney;05-2010:Filed 7
      06-2010:341 Meeting (went very well)
      08-24-2010: Discharged; 09-02-2010 Closed!!

      Comment


        #4
        of course, i dont believe that the one day I called in the last six months is "the" last day, but I wonder how much time i do have. any guesses?

        also, how do i know i have not been served yet (from other cards)? How much time do i have once i am served?

        thanks!
        MMP

        Comment


          #5
          Originally posted by Moneypenny View Post
          of course, i dont believe that the one day I called in the last six months is "the" last day, but I wonder how much time i do have. any guesses?

          also, how do i know i have not been served yet (from other cards)? How much time do i have once i am served?

          thanks!
          MMP
          When you are served it is normally with the complaint hand delivered by a process server, or sent via certified mail. If you're concerned that you missed something, then see if your county or area district court has an online service. You can look up your name on those.
          Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
          I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

          Comment


            #6
            Once a suit has been filed, even before you get served, you'll start getting mailings from local attorneys. Adverts to file bankruptcy, stop lawsuits, etc. (Seems the local sheriff takes longer to get to you than they do.) If your mailbox is not being bombarded, then your creditors have probably not started any legal action.
            Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
            (In the 'planning' stage, to file ch. 13 if/when we have to.)

            Comment


              #7
              what would you call the online service that you can look up if you have any cases pending? For search purposes it would be helpful to know what to google to find the right place.

              or, what kind of court should i look it up in?

              thanks!

              MMP

              Comment


                #8
                it would be in state court, in your area. often they are called "district courts" or "county courts" but the names vary from state to state. the main thing to make sure is that you are not looking at federal courts (which are identified by having "US" in their names). start googling and you'll find it.
                filed ch7 May 09
                341 june 09
                discharged, closed Aug 09

                Comment


                  #9
                  Is it "civil" action, or under something else?
                  I think I found my county court search.

                  thanks!

                  MMP

                  Comment


                    #10
                    Don't worry about it, I was sent a letter stating that my collector had initiated litigation and I received some phony bologna crap in the mail. It was for 14.5K debt-they just went belly up. It was all for show. Don't worry.

                    Comment


                      #11
                      FYI-just because you have a court case, it isn't necessarily a big deal. After they told me me that they had initiated a lawsuit, I went onto my county court site and saw they had indeed file a case with the court-however, it was NOT a lawsuit and was just some bullsh*t debt affidavit. Nothing ever happened and that was over 7 months ago. And it was listed under "Civil." It showed "Damages" and the amount I owed. But it was not a lawsuit. Unless you are served in person, don't worry about it.

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                        #12
                        well, it's definitely not criminal, so it could very well be civil. just search under every conceivable type of case so you won't miss it. good luck.
                        filed ch7 May 09
                        341 june 09
                        discharged, closed Aug 09

                        Comment

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