Am I getting sued?

[OutofTime]

currently @ work and my wife just said that a man came by today and wanted to deliver something to me. I know chase has sent a letter that they have the right to sue. Now, should this person just have dropped it off for my wife or did he have to deliver to me? I'm paying my atty tomorrow in full so should I even worry if in fact I'm getting sued?

[music12]

in some states it's ok to serve your wife, because the system assumes she is sufficiently responsible to give you the summons. in other states you have to be served personally. it's very likely to be a summons. just tell your lawyer about it. i'm sure the lawyer will tell you to just give the summons to him once you get it. alternatively, if the man comes again your wife can ask what it's for, and if it's after you file then she can tell him that he is not allowed to try to serve you again because you are under bk protection.

[OutofTime]

thanks for your response, greatly appreciated. I'm in CA and preparing my ppwk Monday but the guy will come bk tomorrow. Saw in court system it is a lawsuit from chase dtd 3 23 2010. Do I have 30 days from 23rd or when I receive the lawsuit?

[ApresMoi]

How much are you defaulting on with Chase? I have heard of a 'sweet spot' where people defaulting on $3-5K get sued more often.

thanks for your response, greatly appreciated. I'm in CA and preparing my ppwk Monday but the guy will come bk tomorrow. Saw in court system it is a lawsuit from chase dtd 3 23 2010. Do I have 30 days from 23rd or when I receive the lawsuit?

[OutofTime]

according to my recent cr, a little over 10k after all the late fees and such. I'm kinda getting nervous because it's now getting to this lawsuit.

[Jengo]

according to my recent cr, a little over 10k after all the late fees and such. I'm kinda getting nervous because it's now getting to this lawsuit.

I'm kinda in the same boat. Since you are in Cali, you probably have 30 days to put in an answer to the lawsuit. It should say on front of summons the time period you have to answer if you choose to. it is the date from service so the clock is ticking. If you know you are going to file for BK, don't worry about it and give it to your attorney. As soon as your BK is filed, automatic stay put goes into effect.

If you don't answer and don't file for BK, they will get a default judgment. To my understanding it is not automatic. The CC will have to move for a motion for default judgment. At that point, they will get their default. Then it is the creditor's choice on what they want to do with the judgment, either taking money from bank accounts, serving your work or your significant other's work and garnishing wages, and so forth. What I was told is that it depends on how aggressive they are and hard to give a time frame. But I was told when the lawsuit was served on me that a conservative estimate is about 2 months before they begin to garnish wages, and so forth. My BK was filed 10 days after the attempted service. Again, it just depends on them and how badly they want their money. The day after the 30 days is up, then can move for default against you.

Since you are filing for BK, I wouldn't worry about it. BUT let your attorney know about the new lawsuit so that way it can be included in BK upon filing.

[OutofTime]

The process server is coming back today and in a way I'm excited because I'm a procrastinator and this summons is what I needed to finally tackle my finances and file ch 7 soonJ thanks for everyone with their advice and I can surely say this forum has been very helpful.

[Jengo]

The process server is coming back today and in a way I'm excited because I'm a procrastinator and this summons is what I needed to finally tackle my finances and file ch 7 soonJ thanks for everyone with their advice and I can surely say this forum has been very helpful.

That's funny because my husband said the same thing. At first, he was very upset and how these people could go after him since he never signed anything, etc., etc., but it was in support of a minor and community debt. After he calmed down a bit, he expressed relief because it now has pushed him in that direction and finally cleaning up the financial mess he's gotten himself into.

Good luck and hope all turns out well for you and your family!!!!

[ready2puke]

I'm in So. Ca also and Chase is one of my smaller debts. I haven't paid since Aug. 2008 and haven't been sued by anyone "yet"...
Can I ask how long since you defaulted?
Good luck

[OutofTime]

I'm in So. Ca also and Chase is one of my smaller debts. I haven't paid since Aug. 2008 and haven't been sued by anyone "yet"...
Can I ask how long since you defaulted?
Good luck

my last payment was june or july 09 around 10,000 in debt. Just looked at county records and looks like 23rd was when they filed. Looks like I'm one of the unlucky ones.

[Jengo]

I'm in So. Ca also and Chase is one of my smaller debts. I haven't paid since Aug. 2008 and haven't been sued by anyone "yet"...
Can I ask how long since you defaulted?
Good luck

I'm not sure if this was directed towards me or another poster. I guess default can be taken in two different ways here. Defaulting on the loan or a default in regards to a lawsuit and not answering it.

Anyway, our default date was March 2nd. I had already started my BK on Feb 15th. But filed BK separately. My automatic stay went into effect for my BK. My husband will be filing his Chp 13 BK by April 13th. They have now filed a motion to lift the automatic stay in regards to my husband so they can pursue him. The hearing for relief of stay is scheduled for April 13th. It depends on how aggressive they are. My attorney told me that a conservative estimate is two months before they start garnishing wages. This is before I filed BK. BUT it also depends on how much you owe them. if it is a substantial amount, they may be extremely aggressive and filing for a default judgment within a week after the 30 days is up according to what is stated on the front of the summons and how long you have to answer if you choose to. If it is a smaller figure that you owe, they may not be as aggressive.

The reason these crooked people (trust me, very good reason to say this and they're under investigation now for fraud), are aggressively going after this is because they claim we owe them 50,000.

If you're going to file BK, I would try to do it soon. But if funding is an issue, you have a bit of time from the date of service. Remember, when they move for default judgment, it may take a week or two to get a hearing and court order showing a judgment against you but not always, sometimes it is automatic depending on the circumstances. They can then go to all the major banks and present the ordered judgment and start taking money from bank accounts. Or they can present it to your work and start garnishing wages, etc., etc.

I'm not an attorney, just giving my two cents and how I understand the process, what my atty said, etc., etc. I would get a free consult with a BK atty soon if you think you're going to have to file.

[norcal]

I have close to $20,000 with Chase and they sued me 7 months later.