how long before being served?

[nojusticehere]

I all! I had my car repo'd and it was sold at a private sale on Oct 16. Anyone know how long it usually takes before I'm served and taken to court? I'm hoping it'll be after the first of the year. I have to have surgery, so that's putting a ding in my plans to file.

[keepmine]

It'll be months if ever. They'll like try internal collections first and then turn it over to a 3rd party collector.
The first of the year is almost here. You should be safe for that long.

[nojusticehere]

Thanks, I sure hope so. Oh, they will come after me, it's quite a bit of money. They are from Wells Fargo. Should I do anything to stall them for more time? Should I even speak with them, or answer any letters they send. I rec'd a letter advising me they had sold the car and tha I had 10 days to respond to them to make payment arrangements. Should I just ignore for now?

[keepmine]

If you can't pay, there isn't much to discuss. I think I'd ignore them and try and get the bk filed ASAP.

[jp2861]

If they're local DO NOT ignore them. They can move through the process pretty quick if they are close. Talk to them and see what's going on.

[treehugger1]

If it is a small claim amount and local, they can act quite quickly. If it is a claim requiring a suit in a circuit court, it can take a while, especially if you live in a court district with lots of cases backed up on the docket. If you get a summons for something other than a small claim, you should make every attempt to "answer" and reply.

[blackqueen8]

I'm in the same boat too. Accept I got a letter that I had to respond in 15 days. They do have a local office (huge building) in my state of CA but I believe their corporate office is in TX. The amount is for over 11k. I still owe my attorney about 800 which includes court fees. I think it'll take me until Jan 11th to pay this off in full due to hard times and the holidays. Should I be in more of a rush? Any advice really appericated! Thanks in advance.

[EveryDayAdam]

You should be fine. Even if they file, and you get served, the court date itself would still be a month away from that date. Plus with the holidays approaching both the bank's offices and the courts are going to be having some time off, which will delay things a bit more.

[blackqueen8]

Thanks so much, that's a huge relief. Only $849 to go and then I will be able to file. I only work part-time at home during the day but just took a second seasonal job working at night to pay for the bk expenses and for holiday gifts. I really want to get this chapter of my life over and go back to school at the end of January.