Anyone been sued after telling creditor you WILL be filing?

[lalap123]

If so, how long after telling a creditor you are filing were you sued? I am almost at the 90-day late point but am not filing until September. Is this too soon to tell creditors and refer them to an attorney? I am thinking they would go after others before they would go after me, since it costs them money and resources to actually file a suit, right?

Also, what exactly happens when you are served?

Does the person usually come during the day, or can they come at night or on weekends?

After you have been served do you still have the option of working with the creditor to make payments or settle or anything like that?

If not, how long can you stall them and how do you do this?

[cag]

I'd like an anwser on that question too!! I'm shooting for Aug

[optimistic1]

I have been behind 6 months, with all the major creditors, WAMU, CITI, CHASE, BOFA.

As of yet, no suits filed, they have been told of the intent to file in November/December.

Some have already been moved over to collection agencies.

I am anticipating them to sue sometime soon, and when they do, I will answer the complaint, and hopefully, it will get backed up in court and delayed until a judgement can be brought upon me.

If it does get backed up in court, by the time the can garnish, I will be filing.

Hopefully this process will last 90-120 days. Were almost in April now, so 4 months from that, will be August.

::Crossing my fingers, and checking the local court website daily for dockets::

[junker]

almost seven years ago, i started defaulting on all credit, i immediately started telling them i was "intending to file bk", about 3 years later mbna filed for a judgement, five years later, a jdb filed, but lost in court, partially because of sol. now 7 years later, except for the judgement, all will fall off of credit report. and every jdb that calls i still tell them i am "filling out the paperwork now for bk" i am even wearing down the judgement holder, as i told him, i will probably file, and he is offering lower, and lower settlements each time he calls. now he says he will wait and call me in 6 months to see if i changed my mind. of course it helps if you are judgement proof....

[DUMBAGAIN]

I started telling them that at the end of last summer, the phone hardly even rings...A couple have sold to collection agencies, they call, I just don't answer. A few have sent settlement offers too.

[eddiep]

It has been 6 months since my last payment (boy that went by fast!). I informed them of my intentions to file two months ago. the calls have stopped, and no legal action yet, I say that with my fingers crossed. My attorney told me that the courts in my area are so backed up that it would take them 6 months to get a judgement, so I guess we are out of the woods, we are filing in April. Maybe you could contact a lawyer to find out how quickly it would move through the courts in your area, having that information relieved alot of stress.

[ajaperk]

I had fallen behind on my credit cards 1 1/2 years ago. I started by calling them all and explained my situation. Most have been working with me. After the 1st 6th months on the hardship program, I had another unexpected expense for a custody attorney. I called my creditors to explain I was going to have to pay them the bare minimum until I got the custody attorney paid for. Beneficial would not work with me. I continued to make what payments to them I could but they sent me to an attorney. I got a letter from the attorney stating they had the account. I decided with my 36,000 in debt I had not choice but to file ch. 13 because if they garnished my wages @ 25% I wouldn't make it. I called them & told them I was going to file...2 weeks later I got served on a Sunday night at home. I have filed my 13 & have my 341 meeting the end of May.

[HHM]

As far as creditors are concerned, the "threat" of BK is empty, it does not change anything. Don't worry about it. They here it hundreds of times a day.