Captial One Suing - How panicked should I be?

[keepmine]

How long would it take for a levy to begin? I mean they just started to try to serve papers literally yesterday.

If I get money out of the bank, then I fill out BK paperwork. I have to say, I have X dollars in cash. Is that right?

I am just about down to nothing at this point. Would a trustee try to take my last few hundred dollars?

Yes, you list cash on hand. Each state has it's on exemption schedule. Tell us your state and we'll link you to your states exemptions.
I'd suggest you not panic. Sounds like you have nothing anyone can take. Your problem isn't debt but, lack of income. I'd strongly suggest you focus on some sort of job. While bk will wipe away your debts-post bk, you still need to be able to support yourself.

[aaj67]

How long would it take for a levy to begin? I mean they just started to try to serve papers literally yesterday.

If I get money out of the bank, then I fill out BK paperwork. I have to say, I have X dollars in cash. Is that right?

I am just about down to nothing at this point. Would a trustee try to take my last few hundred dollars?

They should first obtain a judgement. If you do not attend the court hearings, they will get a "default judgment". Then they can levy your checking account. Depending on your state/county and the workload of their attorney, this can take anywhere from 3 to 12 months. You can find the website address of the court. You can monitor your case online, when they file a motion asking the judge to grant a default judgment, you can file for BK which will stop everything.

As to the cash you have and BK, maybe someone else can shed some light on that, I didn't file for BK yet.

[AllMyDefault]

How long would it take for a levy to begin? I mean they just started to try to serve papers literally yesterday.

If I get money out of the bank, then I fill out BK paperwork. I have to say, I have X dollars in cash. Is that right?

I am just about down to nothing at this point. Would a trustee try to take my last few hundred dollars?

[keepmine]

Honestly, they hear the "B" word a few thousand times a day. The threat means nothing until you actually file.
I'd suggest you close your bank account and live on a cash basis until, you actually file. You don't want to lose the lawsuit and find your account levied.

[AllMyDefault]

About a month ago Capital One threatened to sue. Right or wrong I did send them and their lawyer a note telling them I've been unemployed for a long time and have very few assets. But they tried to serve papers yesterday anyway.

This is nearing the 3rd anniversary of becoming unable to pay my CC bills, so I suppose that's why they're doing so now. All the CC's have another year until they are out of the SOL in the state I live in.

I had been hoping things would get better and I could make good on all my debts. Last night this had me thinking about going ahead and filing Ch. 7, which I am eligible for. I felt a lot of relief just thinking about it.

I don't have an attorney, and can't really afford one. So I have to do this Pro Se. I was thinking about how to let them know I'll be filing. Usually people send a letter saying they've retained an attorney. I can't truthfully say that. I've gotten some consults, but can't afford even a downpayment with an atty.

Your thoughts, please.