Worried about AP havent filed yet

[nomadic1313]

hello and thanks for looking
i accidentally overpaid on my newegg account to the tune of 4000 instead of 400 hit zero on accident checked my account next day had my whole credit line restored i spent it all in 2 days that was 14 months ago i know it was wrong but when i seen that credit line i got a fever and just spent it all have no clue what came over me i do know this they want to settle for 60% but i got nothing now. inital credit line was 4000$ + 4000$ = 8000$ + 25.99% intrest = screwed anyway i see it how long do i have to wait to file BK without having to worry about AP
thank you

[LadyInTheRed]

If it was 14 months ago, you are way past the time when the debt can be presumed to be non dischargeable. I am pretty sure that there is no time you can wait to be sure the creditor can't file an AP. But, since the debt was incurred more than 90 days before filing, the creditor would have to prove that you incurred the debt without the intent to pay. They aren't likely to try. Worst case scenario: they file an AP and win and that one debt will not get discharged.

[nomadic1313]

well the thing about the intent to pay i got on a payment plan 2 times once in aug and again in oct 2014 i was to make 3 payments 135$ a month i made 2 then i had to change the next payment because i was not going to have the money in time i called and told them the date i would they said i had to start over so i was like ok started it all over again i made 2 payments and couldn't make the last one but this time they changed the amount to 458$ and i sure as hell couldnt pay that i went online and looked at the account in dec 2014 it was charged off but for some reason i stll can access the account online i called and talked to them in jan 2015 they said the couldnt discuss the account it was in collection now and gave me a number to call online on my account summary page thier is 3 options to pay it none of which i can do all are really high i tried to pay but as soon as the buy now pay later interest kicked in 12months of intrest bit myA$$ if they take me to court i will go and i will admit fault as far as not paying my bill do to financial circumstances and take a judgement and then only then will i file BK does this sound like it is workable?

[nomadic1313]

and thank you LadyInTheRed for your reply!

[LadyInTheRed]

I do not have the patience to read that post. Please repost using punctuation so I or somebody else can try to help.

[spidge]

Sounds like your the fly by the seat of the pants type so just file, pray, and learn.

Sounds harsh but I stepped in the credit quicksand more than once but could never get both legs out. That is why I filed BK and am determined to stay debt free. The stress of owing even for a mortgage gives power over me to someone else and it just bothers me.