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my Chase Card is suing me....

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    my Chase Card is suing me....

    Hi again everyone. At the beginning of sept I got a letter from my Chase card stating that if I didn't pay up, they would sue me...so I called my attorney...he advised me to call them at give him his info. so I did. Now its the beginning of Oct and Chase called me again, so I tell them again and that I had already given them this information. The lady says the info was probly given to another dept and the lawsuit was rolled to her dept without the info included and that as of right now, I was being sued. Also, they informed me that as soon as they get the case number, the lawsuit will stop but until then, it will continue.

    Now, I have a meeting with my lawyer to go over everything and get his advice on whether I should file now or wait til dec because of charges on one of my other cards...if i wait til dec, there's a less chance of having that cc file an appeal for those charges....

    just wanted to get ur opinions and advice before my meeting on friday....if i wait til dec, the lawsuit won't end will it? but if i file now, there's a good chance my one card will file an appeals and then i have to pay those charges plus legal fees, correct?? i'm not sure what to do now....

    #2
    Have you received a summons yet? If not then wait until you actually receive the summons. Answer it and request documents from Chase. You can research "how to answer a summons" online. Not sure about NJ but in FL you have 20 days from the date you received the summons to answer. If you are already being sued you can stall it out long enough to file in Dec.

    Good Luck
    "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

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      #3
      Originally posted by Freddy03 View Post
      Have you received a summons yet? If not then wait until you actually receive the summons. Answer it and request documents from Chase. You can research "how to answer a summons" online. Not sure about NJ but in FL you have 20 days from the date you received the summons to answer. If you are already being sued you can stall it out long enough to file in Dec.

      Good Luck
      really? if i can do that, that would be ideal....i'll have to look and see if i did receive one but i'm pretty sure i didn't yet... i'll look into it, thanks!

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        #4
        You would have been served with the summons or at least had to provide a signature. I picked my up at the post office with ID and signed.

        I then answered , denying everything, (I had 28 days) and they received it on the 27th day(I mailed it on the 26th day, but the court is only a few miles away - certified with a return receipt). A Case Management Conference was set 2 months later (scheduled for Oct 13.) I just sent a letter requesting a continuance until after November 3rd, due to filing and the fact that I am unable to take off work at the moment due to my boss being in the hospital. I expect that by November 3rd, they will have my bankruptcy notice from the court.

        So all in all, after receiving the summons, I bought myself 3 1/2 months.
        I may be smarter than an attorney, but I'm not one. No legal advice here, people.
        Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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          #5
          Hi! Chase sued me too, which prompted my filing. I had my bk attorney file an answer to the Complaint (in Feb.) and then she just dealt with them from then on. She was able to buy time until I filed in June. She did charge me a little more, but it was worth it to me to not have to deal with it myself. ymmv Good luck and don't let the filing of a suit throw you. As noted above, there are plenty of ways to buy yourself time if you don't want to have your attorney handle.

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            #6
            I was sued by Chase as well and even if you have to wait until December, they probably will not be able to get a judgment filed on you before you file. It really depends on you district and how long the court process there is. If they do get a judgment, you will most likely be filed long before you get garnished as that takes a while too. Chase sued me in March and just got the go ahead to garnish September 2nd. They had to wait 13 days and still today have not garnished. We filed today.

            I know the worries that come along with this and it is such a process, but getting your ducks in a row and getting rid of all this is what helps.

            Hoping you can file soon!
            Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

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