What are the odds of a lawsuit?

[LeadSledGal]

Hello.

I am doing Chapter 7 and filing in October. I was going to do August but need to delay.

I have 5 credit cards I am including in it. For 4 of the cards, the last payment I made was in April. For the other card last payment was May.

If I am filing in October, what are the odds any of them would begin a lawsuit since I won't get the automatic stay until October.

[scorpion35]

Hello.

I am doing Chapter 7 and filing in October. I was going to do August but need to delay.

I have 5 credit cards I am including in it. For 4 of the cards, the last payment I made was in April. For the other card last payment was May.

If I am filing in October, what are the odds any of them would begin a lawsuit since I won't get the automatic stay until October.

odds are they will not begin a lawsuit anytime soon
u should be ok

[Silver26]

The only card that sued us was done about 18 months after we stopped paying it. I wouldn't worry at all.

[nc73]

I was well over two years and nobody sued. Although I didn't have any US income so that might have helped.

[ryan]

Hard to say, but the shortest I've heard of was about 4-5 months after sopping payments.
My first suit came at 7 months....so I'd say the odds are you'll be ok.

[btbeme]

My first was a law firm representing American Express, right at the 7 month mark (a large balance). I waited almost until my time was up then filed a legal answer to their suit, which pushed back any decision from a judge by about 3 months. That was plenty of time to get my filing done.

So, any lawsuit notification is just that - a notification. You will have a certain amount of time to file an answer to the suit (easy to do), request documentation, etc to buy some time.

No worries.

[HHM]

Generally, you can expect a lawsuit in about 8-14 months from when yo first stop making a payment. But there are many factors that determine if you get sued.