Received letter from local BK lawyer informing me that I'm being sued.

[frogger]

I'm already two years into the SOL, and in my state they can only collect for another two.

No, they can attempt to collect forever. After the SOL expires however, their options are much more restricted.

[HHM]

If I fight this, and win, does that send a message to other debt collectors not to bother?

No, because other debt collectors won't know about it, and even if they did, they won't care. Debt collection is a system, it proceeds a certain way and not very much will interrupt that process.

[spidge]

There are other forums that focus on debt settlement that I think you should take a look at. There are some things like when opening discovery you request proof of claim to keep the attorney for them busy. If you keep them searching for items in discovery to a point where the cost becomes to great the collector may fold and offer a great settlement.

This is just not the forum for settlement.

I know this was not helpful, but it seems a waste of time here for you.

[derp]

Thanks for the help so far.

Last night a sheriff stopped by to serve me the documents. He mentioned that it seemed like I was expecting them.

The lawsuit it from Stellar Recovery on a debt originally owned by HSBC. They want $2,300 on an account with an original balance of under $1,500. Can't remember what It was anymore.

My question is this; do I fold, and file for bankruptcy (my original total debt was around $19,000-20,000, but the $5,000 that I owed Walmart (GE) seems to have dropped off of my credit report over a year ago, and I haven't heard a word out of them, or any debt buyers in succession), or get another lawyer and fight this?

I make too much over my state's median to even consider chapter 7. I don't want a chapter 13, and I'm looking at it as a last resort. I, like I said, retained a bankruptcy lawyer two years ago.

The banks I was originally up against were Chase (two cards, totaling under $3,000), GE ($5,000), Target ($500), HSBC (two cards, totaling under $2,000) and Citibank (two cards, totaling somewhere around $9,000). I have no idea who owns what at this point. Clearly Stellar has this one.

If I fight this, and win, does that send a message to other debt collectors not to bother? I'm already two years into the SOL, and in my state they can only collect for another two. I think.

I was thinking, fight this, if it gets thrown out, or gets reduced by a large degree, great. If I go down in flames, I'll turn right around and file for chapter 13.

edit: I forgot to mention, I have no assets, other than basic entertainment/media.

[spidge]

When I went to see a bankruptcy attorney, I was over my state's medium income and had too much disposable income. Most attorney told me that I was in a Chapter 13 situation. Then I met an attorney who told exactly what I needed to do. He advised me that I needed a more reliable vehicle, about $400-$500 per month more reliable. He suggested that I really didn't need to earn any bonus during the next six months nor should I work a second job. Then he set up an appointment for me to visit him again in about six months.

I filed Chapter 7 and it went like clockwork.

Well, attorney did not tell me to do this, but we did it anyway. The fine folks here had some influence. I only wish we would have bought a car. Ours weren't in bad shape, but you know how it goes. One thing then another and now its clunkerville. We'll get through it though and be better off in the end.

[Bell30656]

When I went to see a bankruptcy attorney, I was over my state's medium income and had too much disposable income. Most attorney told me that I was in a Chapter 13 situation. Then I met an attorney who told exactly what I needed to do. He advised me that I needed a more reliable vehicle, about $400-$500 per month more reliable. He suggested that I really didn't need to earn any bonus during the next six months nor should I work a second job. Then he set up an appointment for me to visit him again in about six months.

I filed Chapter 7 and it went like clockwork.

[LadyInTheRed]

You may have to actually go to the court to do a search. This following site may be helpful in deciding which court to search:

http://www.pacourts.us/Links/Public/AboutTheCourts.htm

Or, you can wait until you are served with the lawsuit.

[derp]

This is frustrating. I checked those links; nothing. I called the Clerk of Courts; ended up being so aggravated with the person on the phone that I hung up.

me: Hi. I was calling for information on how I can find out if I'm party to any lawsuits.

lady on the other end: Umm..... I really don't know. We don't keep those kind of records.

Every question I asked after that was met with an, "Umm... I don't know.".

So that appears to be a dead end. Now what?

[derp]

I don't necessarily have any extreme prejudices towards these lawyers using there tactics on me, and ultimately I may end up being thankful that they tipped me off, but I'm just not a fan of the "ambulance chaser" mentality.

I'm going to call the local clerk of the court on Monday, and regardless of whether or not I'm being sued, I'll call my original attorney afterwards. I feel kinds of like an ass, since I contacted him last year around this time with the intention of filing, but I ended up bailing on the idea when it had occurred to me that I was new to my job (could have lost it in an instant), and my income pushed me over my state's median. I didn't want to enter into a chapter 13 payment plan at the time, and I never called him to tell him this.

[doni49]

Hold on... Why is everyone upset by a legitimate attorney attempting to get your business? Without his solicitation you would not be aware that there is was a civil suit pending against you. This lawyer did nothing wrong in my opinion. He/She has someone go to the courthouse and get a list of the civil suit filings. Then he/she sends out a quick letter to attempt to solicit your business. If anything, you owe him/her a thank you note even if you elect not to use their services.

From the way I've read this thread it seems like everyone who "got upset" about this atty did so because they thought the atty was trying to scare the OP into filing BK (and hopefully use his service to do so).

Then someone suggested that a case may very well exist and the atty is soliciting to represent the OP in that case.

[Bell30656]

Hold on... Why is everyone upset by a legitimate attorney attempting to get your business? Without his solicitation you would not be aware that there is was a civil suit pending against you. This lawyer did nothing wrong in my opinion. He/She has someone go to the courthouse and get a list of the civil suit filings. Then he/she sends out a quick letter to attempt to solicit your business. If anything, you owe him/her a thank you note even if you elect not to use their services. This attorney has no way of knowing that you've already retained counsel. Check with your courthouse. See if there is a case filed against you. If there is indeed a case filed against you by this company (which is a real national collection agency) then you are forewarned. You can make sure that you don't wind up with a default judgement from someone using "sewer service" against you.

[DaisysMom]

When I got sued by a firm representing Crap 1, it was through small claims at the city level. When I received a summons for foreclosure, it was through the County Court. I didn't know either....until I got certified mail with the bad news from each court. (Whew...glad that is behind me!!)

However, what I would do if I was in your situation, is to call one of the attorneys and act real dumb. Ask them what they are talking about and the fact that you don't know anything about it. Hopefully they will spill the beans and let you know who is suing you and then give you a sales pitch why you should hire them to "help" you. At that point just say you need to think about all of this and end the call. At least then you would know.

DM

[derp]

Thanks for the replies, everyone. I haven't found any information yet, nor a knock on the door, but I did receive another solicitation from a different law firm today, stating that I'm being sued. I'm going to go ahead and assume that it's true.

I just wish I knew the extent of it. I'd rather not file for bankruptcy over $20,000, and I can handle the ding from most of my old CCs. If they're suing on behalf of Citibank though, I'm screwed. I owe them half my debt.

[HHM]

I wonder if that attorney stepped over any rules or laws? Would the Bar Association frown on such behavior?

At any rate, it sounds like a simple form letter/advertisement.

Yep, probably an advertisement. Attorneys are allowed to "direct mail", they just have to follow certain rules.

[Tater]

You reckon he chases ambulances as well?

I was just thinking the same thing LOL! Like others have suggested, contact the clerk of courts in your area. I once filed a complaint against a collection agency with the AG in my state and I had a letter from a lawyer wanting to represent me if I decided to file a law suit.