is AP more likely if cc debt referred to local attny instead of collection agency?

[tacomeat]

2 of my 6 credit card debts have been sent to local attny firms for collection.
i presume its because they are going to be more legally aggressive and in fact i think one is now trying to serve me.

just wondering if its more likely that, with local representation, those 2 will request an AP.

or an even broader question - is it far less likely those those debts which get "written off" and sent/sold to collection agencies request APs?

[catleg]

No. I got sued on about 10 credit card accounts by "local attorneys", got 0 AP's.

The economic cost/benefits of AP's are far different than normal collection lawsuits, thus there are far, far fewer of them. Like I would say less than 1%, maybe 0.1%, perhaps even less.

[HHM]

Generally speaking, AP's only come from the original creditor. If your debt is with a collection agency, junk debt buyer, or "collection" law firm, the odds of an AP decrease.

You would want to know who the law firm is specifically representing, are they representing the original creditor or are they representing a collection agency. If the firm is representing the original creditor, then they can kick it back to the original creditor for a possible AP, if the firm is representing a collection agency, almost zero risk of an AP.

However, no one can really predict the likelihood of an AP all you can do is assess the risk. Based on your prior posts, it sounds like your AP risk is "relatively" low, but there is a risk. More so than the average debtor.

[catleg]

HHM is right...remember you could be a "classic case". ROFL. Love that one.

[tacomeat]

again, thanks for the responses. i just keep thinking of different angles to the same questions, basically.. lol

and it really all boils down to - if i get AP-ed (and lose or settle), then if a chunk of my debt isnt discharged, whats the point of doing BK in the first place? i dont have any money (other than a small IRA), i have nothing else to protect (other than equity in a car, which would probably offset the attorney fees if i have to go to an AP). i really dont have a life to salvage (or restart) . so why would i even attempt to embark upon a 'fresh start" if im gonna be in the hole $20,000 and having to make payments for 10 years.... with a job i dont even have yet?

[HHM]

It sounds like to me you are using the AP thing as a crutch not do anything. Based on your other posts, sounds like everyone here and the attorneys you have spoken too are all telling you the same thing, the chance of an AP is low, low enough that a BK is worthwhile. You mentioned that some of your debt is with local attorneys, so a lawsuit is inevitable. Then you get judgments against you. It sounds like some of this debt is coming to a head anyway. Even if you are judgement proof, you are still subject to the practical hassle of living a lifestyle of non-stop protecting of assets (always using cash), laying low, etc. Also, as has been mentioned, the court and creditors don't know your assets are exempt, so they can still grab them and force you to go to court and claim the exemption.

Fina an attorney that won't charge you an arm and a leg for an A/P if it were to happen, and file your BK. It might be what you NEED to start getting your life back on track.

[tacomeat]

haha, yes i am sorta using the AP as an crutch to maintain my status quo. but its just as much the case that i didnt even know what an AP was 2 weeks ago, so therefore i am sorta fixated on it at the present time and would very much like to maximize my chances of not having one.

i guess my plan is this - deal with this judgment thing, then wait a few more months to further distance myself from my last charging activity in order to give me the best chance at avoiding the AP (ive done nothing about it this long, so waiting a few for months to ensure a slightly more favorable outcome seems logical at this point).

[keptdigging]

I'm filing next month because while my risk of an AP is not zero, the lawsuit at the courthouse is real. At some point we have to face facts, take the leap, and get on with our lives.