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Not able to file yet - Credit cards issue

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    Not able to file yet - Credit cards issue

    I am not able to file yet, because I need to wait for my average income to drop from a loss of income. I currently can't pay my credit card or other unsecured debts. How long do I have before they start trying to gut me?

    #2
    A while. Credit card companies will usually try for 90-120 days after your last payment to get you to pay up before filing suit. That is "usually." Many people find if they answer the credit card company's calls every now and then and politely explain that they hope to be able to catch up soon (but make no other payments or promises) that the card company will generally lay off the lawsuit idea for a while.

    Even if they DO file, it is usually pretty easy to delay the suit by filing an "Answer" in court right before the deadline to do so, and using other tactics. Nothing bad will happen - like a judgement or wage garnishment - without plenty of warning and a good amount of time.

    Many, many people stop paying three, four, five, or more months before they are able to file.

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      #3
      We stopped paying in March and have been threatened a few times, but mostly, I've just been getting letters and calls asking me to settle the debt. I told them all I'm filing a BK in October and I'm not settling. They ask politely for my lawyers name and number, then stopped calling. I haven't gotten many calls at all since I started telling them all that.

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        #4
        I appreciate the info. This forum has been a huge stress relief. Thanks guys.

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          #5
          It is unlikely they will file suit. Most companies don't. They charge off the debt and a recovery company buys it from them. Those are the people who will send annoying letters but usually don't do anything else.

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            #6
            Took two years before I got sued by a JDB. It varies according to how juicy you look. We aren't very juicy
            Regardless, you will almost surely have 6 months at a minimum.

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              #7
              After 3 years, I'm still waiting. They've gone through 5-10 collection agencies apiece.
              Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

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