Civil Action Suit

[Lee123]

Today I got a letter from a creditor basically saying to pay $750 by April 21st or they will file a civil action law suit. I am terrified. I am not even sure what exactly I am scared of, I think it is the threat that is scaring me. I finished my work book and am starting my BK hopefully within the next 2 weeks. I am just waiting on the title copies for my vehicles. Everything else from taxes to life insurance to pay checks are in order.
The paralegal told me not to worry, but easier said than done! Has anyone else been through this? Is it a common course of action? This is all so new to me.

[DEBTCHAINS]

Until someone actually serves you with paperwork, I wouldn't worry about it. If/when that happens, you have 30 days to respond. Even then, USUALLY something won't happen till in the 60 day range.
If you're already starting the process, I wouldn't worry about it. Your lawyer should know about it, I'm sure he/she will tell you the same.

[Lee123]

Ok, thank you. I want to file before they actually serve me, but I am afraid they will beat me to the punch. If they do serve me before I file what happens then?

[DEBTCHAINS]

This happened to me. I had consulted with my attorney, made the decision to file, but was waiting for my home mod to be done before doing so. 3 days before Christmas, I was served. I was freaked out. My attorney said to not worry. If you are served, you have 30 days to respond. When you don't, it usually takes another 30 days for anything to happen. Of course, I've been told by others that after the 30 days, they were immediately hit with wage garnishments, etc, but that's rare. Everyone is backed up with people who are in debt, so nothing is happening quickly.

Bottom line, if you're already filling out the workbook and are filing in the next month or so, you will be fine. A letter from a creditor saying they are going to file an suit against you is just a scare tactic most of the time. They may file, they may not. If they do, you will be served IN PERSON. When that happens, it's official, and the thirty days starts. I know it's all scary, I've been there. But, until you are served paperwork, don't sweat it. (and even then, still don't sweat it!)

[DEBTCHAINS]

I should mention, if you were to be served, the BK filing takes care of that right away. My attorney notified Citi, (who filed suit against me) and that was that. BK protects you from all that garbage. So, even if you're not filed, and you happened to get served, you still have time.