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Got served this morning!!

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    #16
    Any idea why they are so successful on recovery? their legal options are no better than any other creditors.

    Maybe they refuse to negotiate and call debtor bluffs?
    Very fortunate in the grand scheme of things but have learned my lesson.

    Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

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      #17
      Its a numbers game. The amount recovered outweighs the amount it cost them to collect.

      They count on people becoming scared and nervous and sending in a payment.

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        #18
        I thought as much. I am not going to give in.

        I know the game and I will bet that I can negotiate at 20 to 30 to cents on the dollar if push comes to shove.

        Of course I will use BK as a threat but its still way too early to even think about negotiations.
        Very fortunate in the grand scheme of things but have learned my lesson.

        Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

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          #19
          My summons says I have 20 days to respond. The amt the dh owed is close to 15K. Monday we are dropping the paper work to the lawyer. Thank GOD we already had hired him and had given him the paperwork. We should be filing very soon. I am not scare but it is a situation that you don't stop thinking about until is actually done.

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            #20
            You should be fine cool , just take the summons with you to the lawyer on monday. So that he can add it into his work.
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

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              #21
              Thank you for the replies.

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                #22
                We have Chase as well, and we stopped paying in May 08. They typically call 8-10 times a day, but then some days they won't call at all.
                Filed Ch 7 - 07/10/08
                341 Meeting - 08/13/08
                DISCHARGED! - 10/15/08
                CLOSED - 10/20/08

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                  #23
                  My God, aren't they obsessive?

                  I don't deny the debt and their right to collect but I get called 2/3 times an HOUR some days.

                  Makes me want to fight them even harder.
                  Very fortunate in the grand scheme of things but have learned my lesson.

                  Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

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                    #24
                    Chase is one of our biggest

                    Man, I am not looking forward to those calls. We have two Chase cards = $17,700 and $10,500. I wonder if their level of aggression on collection ties to the amount owed?? I'm worried I'll get calls every 5 minutes!
                    "You can never get enough of what you don't need to make you happy."
                    6/16/08: Attorney approached lenders to surrender old home
                    8/26/08: Met w/attorney RE: filing BK
                    9/29/08: Filing Chapter 7

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                      #25
                      There is no knowing what a creditor will do. If you will not file before the "answer" period expires, then you might want to submit an answer of some kind. There are some very strange legal issues that arise in debt recovery under defense. There are many attorney blogs out there that suggest what can be done in some cases.

                      One thing to watch for is whether the attorney doing the suing for the creditor is licensed to practice in your state. I would assume that if they are members of your state BAR, then this is serious business and needs to be addressed in some manner.

                      While we are on this subject, does anyone know if a summons comes with a response form for the defendant? Small claims cases often have a response form that allows you to immediately "answer." I don't know how other larger courts work when it comes to an "answer." Such general info might be useful to others on this board. I know every state will have its own rules of procedure, but any insight might be helpful.

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                        #26
                        I take back what I said about Chase. Some nasty woman called me yesterday. I gave her my attorneys info again and then she hung up on me. You might think it was her own personal money I owed. Geez.

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                          #27
                          I gate the papers to my lawyer who said : nothing to worry about, he will take care of. Saturday again my husband and I got served now for our house.

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                            #28
                            Chase called me 7-10 times a day even at 7 AM on Saturdays over being $65 overdrawn in my checking account... Relentless.
                            Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
                            Motion to Discharge: FILED!! 08/07/13
                            60 down/0 to go \m/(*.*)\m/ 100% complete!

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                              #29
                              Chase and discover card is the worst I think. After my father died they called me for 2 years wanting to know how mush was in the estate. I told them -2400.00. I sent them 4 copies of the death certificate. They did sue ME / him they only stopped when I took the death certificate to the court and handed it to the judge.
                              Chapter 7 07/30/2008
                              341 09/17/2008
                              Discharge 11/21/2008

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                                #30
                                Originally posted by cool33097 View Post
                                I gate the papers to my lawyer who said : nothing to worry about, he will take care of. Saturday again my husband and I got served now for our house.
                                Just get that one ready and haul to the lawyer too when you go to sign. Sorry to hear of so many problems.
                                May 31st, 2007: Petition Filed by my lawyer
                                July 2nd, 2007: 341 Meeting Held
                                September 4th, 2007: Discharged and Closed.

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