time to start communicating??

[branainaz]

I am 6 months past due on my credit cards. Just received a letter from a Law firm representing one of the CC.
I have communicated neither by phone nor by letter/e-mail since I stoppped payments.
I am trying to draw out the need to file 13 as long as possible. should I send them all a letter and describe to them where we are at and what our options/plans are ??

[rrockinggramma]

you can write those letters but it won't stop anything. Why are you waiting to file? Until you actually have a case number, the cc companies can do whatever it takes to collect their money.

[branainaz]

if a certain piece of property sells then I may be able to make settlements with the CC's.
If a CC files and gets a judgement can I intercept the judgement with a 13? If I file 13 and i don't like the terms of the agreement at what point can i bail out from the 13?

[branainaz]

a followup. I understand that letters/email/phone calls will not stop the CCs but will they slow them down? I need more time.

[branainaz]

More questions.
Where can I go on the internet in Arizona to search if any CCs have filed for a Judgement?
Can CCs file without notifying me?
Most of the CCs are in my spouses name. Can she file 13 in her name only?

[rrockinggramma]

yes your spouse can file however your situation is taken into account in her filing so not sure it will give you the relief you are seeking while you try to sell the property.

I do not know about Arizona laws so do not know whether or not a judgement can be attached to real property (you should find this out) This can happen in some states where a cc can attach a lien against real property.

If a judgment is filed a chapter 13 will stop its progress but won't negate it. If it becomes attached to real property then you will have to have the judgment vacated once you are discharged. If it isn't attached to real property then the judgment stays on your record and once discharged will show as "discharged in BK" but it is on your credit for the 7 years no matter what once filed.

What are the chances of that property selling in Arizona? Is your market rebounding? Are you taking a bath on the price to get it sold?

Perhaps you should look at your strategy here. Not paying your cc has already tanked your credit with charge off's etc. Sometimes filing a BK HELPS your credit because it immediately wipes out the amounts due to zero.

You might want to reconsider your motives and your goals.

[klandsb]

You would have to be served a summons that states you are being sued by a cc company and you will have dates involved with it... You can stall them for a few months but eventually u will need to do something. There are plenty of other threads on here concerning judgements and being served. Do a search and you will find them..