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How long until I am actually sued by these people?

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    How long until I am actually sued by these people?

    Short story, we couldn't afford a lease, so we left. We were sent a $10,000 bill 2 months later, by the apartment complex. We didn't hear from their lawyers until Feb 4, 2010. I contested the amount on March 1st, they replied back on March 3,2010 with $7,000(the apartment had been re-rented). They stated in their letter to contact them by June 15.

    We do not want to file until August 1st, 2010. I have heard mixed opinions on stafford loans, and I need mine to come through July 27 so I can get on the nursing school's waitlist. Getting on the waitlist then will can save me 6 months-1 year of schooling & thousands of dollars in loans.

    So how long do I have after June 15 before they really sue? I expect to receive a letter from them June 17. I can retain an attorney before then, just won't file until August 1st.

    I know I'm probably worrying about nothing, but please, ease my mind!
    I am not an attorney and any advice given is simply opinion based on my personal experiences. Always ask an attorney before making legal decisions.

    #2
    None of us can speak for your creditor. They may sue the next day or, they may never sue.
    But, if the sue immediately you have 6 weeks until you file. That's a short enough timeframe that you should be able to delay any lawsuit. Besides, even if they get a judgment the debt is dischargeable in bk.

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      #3
      keepmine is totally right. i would just add, you could also buy some time by responding by june 15, just not paying by then. you can say things are hard for you now, for example. you can also continue to dispute the charge (is 7000 really correct? how could they have missed a 3000 difference the first time?? maybe there is more that they are wrong about).

      i think if you write something reasonable, like that you are not in a position to pay right now and maybe ask them to contact you again in a few months, they might just wait. or they could go straight to a lawsuit. it depends on them. but worth a try.
      filed ch7 May 09
      341 june 09
      discharged, closed Aug 09

      Comment


        #4
        Originally posted by music12 View Post
        keepmine is totally right. i would just add, you could also buy some time by responding by june 15, just not paying by then. you can say things are hard for you now, for example. you can also continue to dispute the charge (is 7000 really correct? how could they have missed a 3000 difference the first time?? maybe there is more that they are wrong about).

        i think if you write something reasonable, like that you are not in a position to pay right now and maybe ask them to contact you again in a few months, they might just wait. or they could go straight to a lawsuit. it depends on them. but worth a try.
        Thanks. I think I will respond on June 14 and dispute the amount. They say to contact the office before June 15 to "set up payment arrangements to avoid future litigation." I think I can buy enough time until Aug 1. I plan on retaining an attorney July 1, that way I can pass them off on my attorney.

        Whoever typed the letter isn't the brightest cookie. There are many spelling errors, grammar mistakes, and they put June,2009 instead of 2010. Ha ha.
        I am not an attorney and any advice given is simply opinion based on my personal experiences. Always ask an attorney before making legal decisions.

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