How long before they start to sue?

[indebtbad]

I have just today missed my first credit card payment.

I am dreading something happening between now and when I file. I need to wait six months for some things to straighten out and also to save money for attorney.

I am walking away from my house and all the cards and looking to move to a new state with a fresh start after it is over. How long do I have before they sue? Will it at least be six months? I have 40,000 spread over 3 cards. US bank being the biggest with Chase mixed in.

[scorpion35]

I have just today missed my first credit card payment.

I am dreading something happening between now and when I file. I need to wait six months for some things to straighten out and also to save money for attorney.

I am walking away from my house and all the cards and looking to move to a new state with a fresh start after it is over. How long do I have before they sue? Will it at least be six months? I have 40,000 spread over 3 cards. US bank being the biggest with Chase mixed in.

6 months to 1 year or more

[Floridagail]

It took 18 mos for cap one to sue me, the others never did. I had 6 cards.

[indebtbad]

Encouraging news as I don't want to deal with it on top of everything else! Anyone have a negative view to express?

[Dee]

We stopped paying 2 WaMu cards well over a year ago and were never sued. Our other cards we stopped paying in June and have had no action taken.

[indebtbad]

Keep on with the encouraging stories! I have had people tell me they were sued after 2 missed payments. This is all making me fee a bit better. I am terrified of court rooms, so I don't want to have to go any more than I have to.

[keptdigging]

It all depends on the bank and the amount (and whatever mysterious process they have.) At the risk of raining on your parade, Amex and Chase both sued me within 120 days. In my case they removed any doubt I had about bankruptcy, but I know every case is different.

Now once I stopped paying, I stopped altogether, didn't work with them, etc. etc. But both of these creditors seemed pretty hell bent on suing, hoping to get in the front of the line.

Also these were five figure balances.

Even though some haven't been sued for a year, it is not a safe assumption. Sorry.

[tcreegan]

Hi indebtdad,

I am terrified of court rooms ...now you know why they invented lawyers

No ones been reporting fast action around here, many months to a year is common...

Take a deep breath...slowly exhale...relax...

Tom in Colo

[indebtbad]

It all depends on the bank and the amount (and whatever mysterious process they have.) At the risk of raining on your parade, Amex and Chase both sued me within 120 days. In my case they removed any doubt I had about bankruptcy, but I know every case is different.

Now once I stopped paying, I stopped altogether, didn't work with them, etc. etc. But both of these creditors seemed pretty hell bent on suing, hoping to get in the front of the line.

Also these were five figure balances.

Even though some haven't been sued for a year, it is not a safe assumption. Sorry.

I owe chase about 14000, so it looks like I may be in for a quicker response than I wanted

[jo23171]

I stopped paying some of my CC almost 2 years ago, they never took me to court but I didn't have any property whatsoever under my name maybe that's the reason. I also owed chase about 15k, I never even received a piece of mail from them. BofA was more persistent but I had them for almost $100k. I just filled this week - $ 165k in debt. If you are going to stop paying them and have a checking account or savings account and a credit card with the same bank close your cash accounts and open them in a bank you do not owe money to. THIS IS VERY IMPORTANT.

[StEt0417]

I stopped paying some of my CC almost 2 years ago, they never took me to court but I didn't have any property whatsoever under my name maybe that's the reason. I also owed chase about 15k, I never even received a piece of mail from them. BofA was more persistent but I had them for almost $100k. I just filled this week - $ 165k in debt. If you are going to stop paying them and have a checking account or savings account and a credit card with the same bank close your cash accounts and open them in a bank you do not owe money to. THIS IS VERY IMPORTANT.

What if you get a judgment? Can they still take money out of your bank account without you knowing?

I sttopped paying on my capitol one card, in April 2010 they are very persisent and very hard to work with. They have been sending me letters for about 4 months saying they are going to take legal action.

[Floridagail]

Capital One sued me after 18 mos, got judgement 8600 ever attended the hearings etc, then requested thru the court for copies of my financial records So they could garnish my paycheck or freeze my bank accounts, They knew I had only pension income unemployed they still wanted to freeze my bank accounts . I filled chptr 7 to avoid giving them my pension info or bank account.
I somehow had the idea that the judgement would be the end of it, but the harassment continued.
A friend of mine got sued by them after alittle over a year for 1000 , she disputed the amount got a friend who was a attorney tried to settle with them now thay wanted 2000. She offered 50 a month, they refused only settlement they would take was 2000.
She let the arbitration end. They got their judgement. Then they started sending her letters to pay 50.00 a month, she ignored them after that. Well she got laid off by her job here a year later and kept waiting for her severance ck finally she called,
they told her Capital One garnished the whole check. So chances if they get judgement they will strike eventually.

[tcreegan]

Hi all, Hi indebtdad,

Judgement suits are pretty easy to stall for several months until you can file. In most states there is another process to be followed b4 they can levy a bank account or garnish wages, and you will be served or notified somehow. Now is Indiana included in 'most states'..?

Tom in Colo

[tobee43]

I have just today missed my first credit card payment.

I am dreading something happening between now and when I file. I need to wait six months for some things to straighten out and also to save money for attorney.

I am walking away from my house and all the cards and looking to move to a new state with a fresh start after it is over. How long do I have before they sue? Will it at least be six months? I have 40,000 spread over 3 cards. US bank being the biggest with Chase mixed in.

we did the same...walked away after 33 years...all cards and our home..(actually tried to save the home to no avail with the loan mod scams of chase)...we kept the cc's at bay to prevent any suits until we file...against our atty's advise we did keep paying small amounts up until we filed....it turned out well for us since the cc company's didn't have time to report "late" payments...and none sued us. (we had over 200k with the medical bills most of it on cc's).