Chase threatening to sue -- what do I tell them?

[ssmdem]

I REALLY need to ride this until December. We are 3 months late on this credit card -- balance is $25K. My husband talked to them today when they called - said he would call back after he talked to me. They offered him a settlement of $16K and said they were in the process of making a decision whether or not to sue.

We're filing in December -- that's a given -- so no, I'm not settling. Haven't retained the attorney yet -- we can if we need to, the money is there to do so, was just going to wait until the last possible moment.

So, do I do that now and just pass her number on to them? Or do I continue to talk to them a little longer and what do I say at this point? My biggest fear right now is them suing and me not having enough time to wait until December to stop the suit from happening.

[ssmdem]

I have no income -- my husband is head of household, and I'm told they can't garnish his wages in Florida --- do we mention that in our conversation with them?

[blockhead]

I REALLY need to ride this until December. We are 3 months late on this credit card -- balance is $25K. My husband talked to them today when they called - said he would call back after he talked to me. They offered him a settlement of $16K and said they were in the process of making a decision whether or not to sue.

We're filing in December -- that's a given -- so no, I'm not settling. Haven't retained the attorney yet -- we can if we need to, the money is there to do so, was just going to wait until the last possible moment.

So, do I do that now and just pass her number on to them? Or do I continue to talk to them a little longer and what do I say at this point? My biggest fear right now is them suing and me not having enough time to wait until December to stop the suit from happening.

The earliest they'd sue you would be (no guarantees but in all likelihood) 5 or 6 mths overdue, and then you can file an answer with the court and get the ball kicked down the road. If your filing is 4 mths away you can probably string it out.

[Freddy03]

I'm in FL too and pretty familiar with credit card lawsuits....lol

You have some time. I received my first summons after I stopped paying almost 10 months. The balance was for 6k. SUmmons received in May went to trial early Aug.

If you do receive a summons you have 20 days to file your answer. During that time you should also request documents from them. This is sent to the court and to the attorney. This will stall them.

So you have a few months.

Good Luck!

[ssmdem]

I'm just wondering if paying the retainer and passing on the attorney's info would make them go away - at least suit-wise. I know they'll continue calling. Is it worth their while to sue me if I'm filing - they don't know it's four months away.

Or should I just work the "settlement request" and see if they'll go lower - just to bide time. I just don't know what to tell them anymore. They know I've lost my job -- they know we're working with the mortgage company to get a modification on the loan, and my response has always been, "We're having to concentrate on just keeping a roof over our heads right now." Mortgage company by the way is Chase as well - who hasn't responded or called regarding the modification in almost 30 days - know it's not going to go through anyway (again, just biding time).

[uzforce]

Chase is suing me for 8k after being just barely 5 months overdue. There's no doubt that they will sue. I read an article somewhere the other day that was talking about how all these CC Co's are essentially going litigation crazy and are suing for amounts they used to not even bother with and they're suing much earlier than they ever used to.

If you're three months behind you probably have about two more months before they will file against you so you may be able to push the court date out to December if you file your answers at the last possible minute. Also, if you are filing for chapter 7 I believe that even if you get a judgment against you it will be wiped out with the bankruptcy (at least that's what I have been told).

[Freddy03]

Yes the judgment would be included in BK. Also if you do get a judgment (as I did) you have an additional 45 days to get them your finanical information. And if you are not head of household they really can't do much in FL as in wage garnishments. They could possibly levy your bank account but that would be after the 45 days. I think in FL if it's a joint account they can't touch it.

[Freddy03]

Also if you do receive a summons - research how to answer a summons. You can request documents from them. Requests everything and anything you could. My 1st case took almost 60 days to get me half of the requested documents.

[BobWang]

Tell Chase to pound sand.......

[SMinGA]

Is this your account or your spouse's? If yours, I would say:

I'm not working.
We are behind on our mortgage, owe more than its now worth and fighting to avoid foreclosure. (True mostly...)

Those 2 statements will let them know there is nothing immediately to be gained by filing a lawsuit.

Beyond that, you can ask for time to 'research' your options and ask them to get back to you in 1-2 months, to buy more time. But at this point I suspect its still just the inhouse collections department you are dealing with, and there is no legal action yet in the works.

[ssmdem]

Chase is my husband's card -- Citi is mine (haven't heard from them in awhile). I suppose he could still say the same thing as far as trying to avoid foreclosure. It's the same bank -- they could easily see that we are "trying." With nothing in our bank account and him being head of household, I know there's not really anything they can do to us judgment-wise -- just don't want the headache of them trying. My attorney did say to let her know if they filed a suit, and we could extend it to our filing date with red tape -- just was hoping to not have to deal with it. Guessing I may not get that wish. Will have to try the "research" line and see how it goes. They really aren't offering much of a break anyway - not even 50%, so maybe I can get them to at least play ball for awhile.

[ssmdem]

And if you are not head of household they really can't do much in FL as in wage garnishments. .

Now, I understood her to say as head of household, you can't be garnished. is that wrong? Is it the other way around?

[ssmdem]

Tell Chase to pound sand.......

Would LOVE to!! December 1 --- I'm all over that!

[SMinGA]

I don't know the garnishment rules in FL - should be able to find them online easily enough.

If you confirm HOH can't be garnished in FL, tell the collection agent that. For one thing, it will let him know that you know a little of what you're talking about and that he shouldn't expect to bluff you.

Tell him you're behind on the mortgage (he's looked at your credit, so should already know) and upside down anyhow. That way, he knows they can't get paid thru garnishment and there is no point in attaching to property. Those are the 2 benefits of filing a lawsuit, so make it obvious that filing won't accomplish anything. If this contact is anyone who actually has the pull to recommend (or not) legal action then he'll shelf the file to follow up in a month or two to see if anything has changed.

[Freddy03]

Now, I understood her to say as head of household, you can't be garnished. is that wrong? Is it the other way around?

Yeah the not was a typo. Sorry OP. In FL most wages usually can not be garnished if you are HOH (you have to file out a form claiming HOH).

I believe anything after $500 (weekly) can be garnished up to 25% even if HOH.

That's what they told me at court a few weeks ago.