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    Non-payment of Credit Card

    How long can the credit card company take you to court due to non-payment and may have your wages garnished or a lien placed on your property? This is going to be my third month and I'm waiting to the big bonus that kicked-in to clear the six-month look back. Thanks in advanced.

    AMEX
    CHASE
    US Bank
    NFCU
    File BK7: Jan 4, 2010
    Reschedule 341: Mar 16 2010
    Discharged: Apr 22 2010
    Closed: May 6, 2010

    #2
    Our attorney told us we shouldn't have any problems for 6 months of non-payment. Research on this forum will show you other posters that are well beyond 6 months and still haven't been sued or garnished.
    Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
    "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

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      #3
      How long it takes varies. Some never do, it just gets passed on to a collection outfit.

      I was three months on all mine and just got the usual letters. If I had answered the phone, I could have but them off double that.
      No Asset 7 closed 11/09

      Comment


        #4
        To get sued your general time frame is 6 months to never. In reality it is more like 18 months to never depending on the creditor.

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          #5
          Its been 13 months since I made my last pyments on cards.So far so good .They are the 2nd go around of collections now more phone calls again with the new collecters I just dont talk to them or the oc I didnt.
          I expect someday sherriff be knocking at the door but who knows.If they see I am not even working it be effertless on there part Id think to sue atm.Good Luck on your situation also.

          Comment


            #6
            I just got a letter from NFCU saying they are going to file against me in the court, wage garnishment if I don't pay theem the full amount of 27K.....hmmm, is this a scary tactics? I was only late for two months.
            File BK7: Jan 4, 2010
            Reschedule 341: Mar 16 2010
            Discharged: Apr 22 2010
            Closed: May 6, 2010

            Comment


              #7
              I got similar letters but I dont remember the time frame I got them. I thought it was closer to the 120 day late area.

              I cant say they wont sue.. but at 60 days late I would doubt it.

              Comment


                #8
                Originally posted by Klesko View Post
                I got similar letters but I dont remember the time frame I got them. I thought it was closer to the 120 day late area.

                I cant say they wont sue.. but at 60 days late I would doubt it.
                Cool, I can file in December then. Thanks for your reply.
                File BK7: Jan 4, 2010
                Reschedule 341: Mar 16 2010
                Discharged: Apr 22 2010
                Closed: May 6, 2010

                Comment


                  #9
                  Even if they did take you to court it would take longer then a month to have a court date and get a judgment to even begin to get a writ of garnishment.

                  You will have plenty of forewarning of a incoming writ of garnishment.
                  3/2/09- Filed: chapter 7 / No asset
                  4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
                  4/2/09- Trustee Report of No Distribution Filed
                  6/24/09- Discharged and case closed

                  Comment


                    #10
                    Originally posted by liboton21 View Post
                    How long can the credit card company take you to court due to non-payment and may have your wages garnished or a lien placed on your property? This is going to be my third month and I'm waiting to the big bonus that kicked-in to clear the six-month look back. Thanks in advanced.

                    AMEX
                    CHASE
                    US Bank
                    NFCU
                    I did not have a problem and had not paid for 6 months on 10 accounts.
                    My comments are solely based on my opinion. The information and links that I have
                    posted are provided solely for informational purposes, and do not constitute legal advice

                    Comment


                      #11
                      Originally posted by liboton21 View Post
                      I just got a letter from NFCU saying they are going to file against me in the court, wage garnishment if I don't pay theem the full amount of 27K.....hmmm, is this a scary tactics? I was only late for two months.
                      It worked. Of course they try to scare you. Don't let them.
                      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                      Comment


                        #12
                        Just got a call from saying she is from collections and the office of Atty So and So to call them immediately, is this another bluff? I'm only 3 mos behind on most of my CC.
                        File BK7: Jan 4, 2010
                        Reschedule 341: Mar 16 2010
                        Discharged: Apr 22 2010
                        Closed: May 6, 2010

                        Comment


                          #13
                          Originally posted by liboton21 View Post
                          Just got a call from saying she is from collections and the office of Atty So and So to call them immediately, is this another bluff? I'm only 3 mos behind on most of my CC.
                          And I bet she thought she was important too didn't she? Just another step in the process of collections. Don't worry unless you get served.
                          All information contained in this post is for informational and amusement purposes only.
                          Bankruptcy is a process, not an event.......

                          Comment


                            #14
                            Originally posted by liboton21 View Post
                            Just got a call from saying she is from collections and the office of Atty So and So to call them immediately, is this another bluff? I'm only 3 mos behind on most of my CC.
                            Listen. ALL THEIR CALLS ARE BLUFFS until they actually sue you.
                            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                            Comment


                              #15
                              Don't return their calls as whatever they can get you to say will be used against you. No way will they file suit for 3 mos late.
                              Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

                              Comment

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