Sued and less than late?

[inpain66]

My one account is only 25 days past due and I got a voicemail saying they were going to submit the papers to sue me in small claims court on friday if I do not pay.


My account is not even 30 days late yet. I thought they waited months/years to sue. Is this just an empty threat???? I have it on my voicemail.


the company is CITI FINANCIAL.

[ready2puke]

I have a 3 citi cards. 2 are business and have over 25k bal each. They are 90 days late and I get a ton of calls but no letters or anything threatening...I smell smoke as in screen not fire..

[drowningNdebt]

haha it's just a threat. let me guess, it's a letter you recieved in the mail? i use to work at citi financial and we mailed them out to scare customers into paying. they just charge accounts off.

[Tbornetun]

Save the voicemail. 25 days past due isn't even long enough to show up on a credit report. They are blowing hot air. If they file the papers, you will have to be served. You will also have time to respond. I wouldn't listen to a threat left on voicemail, they didn't even talk to you.

[justbroke]

Wow... I can't believe the tactics that are being used these days to collect debts. What they're doing is scaring you into filing Bankruptcy.

[inpain66]

Well I already know I will need to file for bankruptcy. I need to stop paying my debts to come up with the money for the lawyer. How can I do it if I get sued right away?!

I took the loan with them in July and them the job loss happened in august. I paid them aug, sept, oct. They say I only paid 2 times since the one month I paid half under their deferment plan. Ugg!!

[keepmine]

You won't get sued right away. You have time to get your legal fees together.

[allavdj]

I owe Citi about 2500 and haven't made a payment in a year and a half. It took them almost a year to sell it off to a collector and now all I get is the occasional letter. I'd say they are blowing smoke if they are threatening to sue you this quick. Creditors are scared to death that they are going to be defaulted on and have -really- ramped up on the in house collection efforts.

[jessegirl]

They are just trying to scare you into making a payment. You are probably going to start getting these calls everyday. I had them too and it took a letter telling them to stop calling me and only send me any information thru the mail. Do you have an attorney? If so, did you pay a retainer? If you did then direct the phone calls to them.

[inpain66]

I took the loan with CITI through one of their local branch offices. They said if it is 30 days late they will go to district magistrate and file a lawsuit against me.

Can they do that?

I took the loan in July, made 1st payment august. Took a deferment sept but still had to pay half of normal monthly payment, then paid in Oct.


I need at least 6 months of not paying any of my unsecured debts before I can have the money to file for chpter 7.

[justbroke]

I took the loan with CITI through one of their local branch offices. They said if it is 30 days late they will go to district magistrate and file a lawsuit against me.

Can they do that?

One you are in default (breach of contract), yes. Usually they won't do this on Day 31. But, you never know.

[inpain66]

One you are in default (breach of contract), yes. Usually they won't do this on Day 31. But, you never know.

well omg then how am I even going to come up with the money for the lawyer?

this is one of my bigger loans and the interest is like 29%!

I got this loan as a short term thing but lost my second job right after. I wish I never got that loan. It is the one that put me over the edge!

[magyar123]

Remember - there is the due date - and something called grace period. More and more outfits are lowering the number of days between the due date and the last grace period date.
Hell, even due dates are messed with - by the hour of the day. One of my credit card websites says that if payment is not received by 3 pm Eastern Time they'll hit me with a late charge.

[inpain66]

Should I take a chance on being sued and not pay or should I pay?


I was going to take the money normally used for payment to save for my lawyer.


In the meantime I am still paying my car, rent, and student loans. Those equal 1400-1500 a month and my income is only 1900 a month.

See my problem?

[justbroke]

Should I take a chance on being sued and not pay or should I pay?


I was going to take the money normally used for payment to save for my lawyer.


In the meantime I am still paying my car, rent, and student loans. Those equal 1400-1500 a month and my income is only 1900 a month.

See my problem?

Save for your lawyer. And I do mean save it... dont' pinch off it. You'll know when they sue you, because you'll get a summons. You'll have 20 days to answer. Answering will delay a summary judgment. You can put them off for several months this way.

Then just file.