CC's lawyer called...question

[toomuch]

Someone from a law firm called this morning (Saturday) at 8am. It went to voicemail. The guy said he was from a law firm in Atlanta and to return his call re case # blah, blah.
I know it is Discover because they told me they were turning our account over to an attorney. I thought it went to collections first and then an attorney. I didn't expect a law firm to call.

Should I return the call and play nice to stall time? We are not planning on filing until the end of April per BK lawyer's advice.

Thanks,

Toomuch

[HHM]

Discover Card is pretty quick to turn things over to lawyers (so is MBNA), so this does not surprise me.

Where are you from?

[SinkingFast]

We only got one of those. A call from a Lawyer's office regarding one of our CC accts. Chase had turned one of our accts over to some Law Firm right around the time we filed.

They'd been trying to call for about a week and just hadn't caught us. Busy time. School had just started. Lots going on. Not to mention we'd spent a couple of hours one afternoon at the attny's office reviewing our BK petition and signing papers. Neither one of us was available to answer the phone when they did call.

They finally caught me one morning, early the next week after we'd filed the previous Thursday.

The guy's voice was all puffed up. "I'm So and So with XYZ Law Firm. We've been retained by Chase in regards to your acct with them."

I said, "We filed Ch 7 BK last week."

"Oh!" I could physically hear the air come out of him over the phone.

Then he got really snide and snippy. "Do you have your case number??"

"Well yes I do!" I said. We'd posted our attny's business card with the case number on it by every phone just in case we needed the info for incoming phone calls. I gave him our case #, our attny's name and phone number, and he hung up. No "Thank You", "Have a Good Day", or anything. Just hung up.

[toomuch]

Discover Card is pretty quick to turn things over to lawyers (so is MBNA), so this does not surprise me.

Where are you from?

Georgia

[SinkingFast]

How long, how many months have you not made payments, Too Much??

[toomuch]

Discover Card is pretty quick to turn things over to lawyers (so is MBNA), so this does not surprise me.

Where are you from?

I thought they went to collections first....then to a lawyer. No???

We haven't filed yet.....so should I even talk to him? Will ignoring calls make them quicker to place a lien or judgement (still don't fully understand all of that)??

Thanks,

toomuch

[HHM]

There is no law that says they have to go to collections first, then to attorney. And honestly, most collection law firms are more like collection agencies than law firms. Right now, the firm is seeing if they can settle the account without having to sue you. So in a sense, it's like it went to collection first, but if they get no where with you, they will probably file a complaint at some point.

The reason I asked where you from is just to make sure the law firm that called you was in the same state in which you reside, and that answer seems to be yes.

I don't think you gain anything by talking to them. I don't think you can really delay the inevitable, short of making some sort of payment, but why do that if you are going to file, (but law firms usually want lump sum payments, or if they offer a payment plan, it is in exchange for a confession of judgment).

Have you retained your lawyer? At least paid your BK lawyer some money. If so, the next time this collection law firm calls, give them the name and number of your lawyer. Otherwise, just ignore them. You can fully deal with the any judgment that may come in BK. However, if I were you, I would set aside the money you need to pay your attorney, and get ALL the paperwork and information your attorney needs so if a lawsuit is filed, you can move quickly to head it off by filing your BK petition.

[SinkingFast]

A suggestion for you, Too,........

Write down the name and phone number of the Law Firm. Google them and jot down their address and contact info.

When you do file, your attny can list them in your Creditor's Matrix. XYZ Law Firm representing Discover.

That will prevent this particular CA from ever contacting you again after you do file.

We did as HHM suggested. Had all our paperwork in with our attny and paid all our fees. Then we waited. We were ready to file on a moment's notice if need be, but could go when we were ready. We filed just before the serious crap was about to hit the fan.

[GoingDown]

/\ VERY Good Advice! Do what they said...

And if I were you I would try to be on the safe side, just in case they do get a judgment against you before you file for Bankruptcy... Be prepared to get your money out of your checking and savings accounts, and if you have direct deposit to your checking/savings accounts-- STOP it! Start getting paper checks and cashing them instead, at least until you have filed for Bankruptcy. Otherwise, after they get a judgment against you, they might seize the money in your accounts.

And like the above posters have said, you have nothing to gain from talking to these collection lawyers.

Talking to them on the phone will not keep them from filing a lawsuit against you.

Anything you say to them, can and will be used against you, so it is best to never speak to them on the phone. Get caller I.D. if you don't already have it, and when someone that you don't recognize or don't want to talk to calls, simply don't answer the phone. And if the phone ringing from collectors is too much for you to handle, then send them a letter demanding that they stop calling you on the phone.

[Hopeless]

Is there an "average" amount of time it takes for a creditor to get a judgment against you in court? My petition has not yet been filed, should be, I hope, in 1-2 weeks, and I feel like it's a race to see who will get to court first! Is there a minimum time a creditor has to wait, or can it happen any time they choose?

[HHM]

Is there an "average" amount of time it takes for a creditor to get a judgment against you in court? My petition has not yet been filed, should be, I hope, in 1-2 weeks, and I feel like it's a race to see who will get to court first! Is there a minimum time a creditor has to wait, or can it happen any time they choose?

You have several questions rolled up into one there. Strictly speaking, a creditor could sue you anytime after your first missed payment. However, most credit card companies are pretty slow to sue. The faster ones (i.e. Discover Card) will usually engage a lawyer within 6 months of your first default, but most credit cards don't engage lawyers until 9+ months have gone by, and most will typically charge off the account and allow a collection agency or 3rd party debt buyer file suite (now were talking well over a year since first default).

However, once the decision is made to sue the speed at which a judgment can be taken depends on how streamlined the court system is in your state, and how many different levels of court. However, a conservative average is, once the plaintiff creditor files a complaint with a court and assuming it goes to a default judgment (meaning you do not respond to the complaint in court), 6 weeks.

[Hopeless]

Thank you, "HHM." Last "real" payment to anyone would have been...August. I sent a few bucks here and there, but nowhere near the minimum. I'm in New Jersey now, after having to give up my place in New York City.

I appreciate the information. To listen to the creditors and collection agencies I keep waiting for a summons to appear TOMORROW. "They're coming to take me away...!"

I realize saying, "well, you are going to be sued now," is a tactic, but I also realize they CAN and DO sue, and I just would like to get my petitiion in before that happens so things don't get even more complicated than they already are.

Many thanks again for the helpful information.

[ChainSmokin]

[Hopeless]

"Not a pro," you say?!

I don't think you're giving yourself nearly enough credit!

Many thanks.

[ChainSmokin]

"Not a pro," you say?!

I don't think you're giving yourself nearly enough credit!

Many thanks.