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Have you been sued by Chase? How long did it take?

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    #16
    I defaulted on over $2000 in Chase Visa debt over 7 years ago, and so far, they have not sued me. They threatened to sue, but they didn't follow through with it. The debt has since been charged off, sold to a junk debt buyer, and passed around to about 5 or 6 different collection agencies, some of them local, but none of them ever sued me. The debt is now past the statute of limitations for Arizona, so if they ever do sue me, I will fight them in court and win.

    I told them in writing that I was judgment proof and I explained exactly how I was judgment proof, and I think that made them think twice about wasting money on a lawsuit against me. They probably did an asset search over the internet and found out that I was telling them the truth, and figured that I wasn't worth wasting their money and their time over.

    From my experience, most of the people who get sued do the following things wrong... they talk to the debt collector on the phone, make payment arrangements with the debt collector, and even pay some of the debt back through these payment arrangements (this lets them know that the debtor is easily scared into voluntarily paying them back and either has something significant to lose or has a large income stream which can be tapped by a judgment), and they either have some assets such as real estate (which can easily be found as a mortgage on a credit report or by simply doing a search on the county assessor's website where they live) or the debt collector somehow found their employer. These things make you a prime target for a lawsuit because the debt collector knows they are likely to get paid.

    When they run into someone who won't talk to them on the phone, someone who sends them a cease and desist communications letter in the mail, someone who has no easily verifyiable assets, no easily found employer (someone who is self-employed or who works at temp jobs), they know they are in for a big fight and will probably never get paid, so most of them don't waste their money or their time against such debtors.
    Last edited by GoingDown; 04-01-2009, 08:15 AM.
    The world's simplest C & D Letter:
    "I demand that you cease and desist from any communication with me."
    Notice that I never actually mention or acknowledge the debt in my letter.

    Comment


      #17
      Originally posted by BigBoy2U
      Haven't we really beat this topic to death? There are too many variables and each and every debtor is different. I am 16 months no payments, no suit.

      There should probably be a sticky about this.
      The world's simplest C & D Letter:
      "I demand that you cease and desist from any communication with me."
      Notice that I never actually mention or acknowledge the debt in my letter.

      Comment


        #18
        How judgement proof were you? My wife makes $4,000 a month (I'm self employed making only like $500 a month right now) and we owe like $6,500 a month and no assests. Who did you send your "letter(s)" too?

        You're right...after your response...this should be a sticky.
        $70k- Unsecured Debt
        $88k- Secured Debt (HELOC/2nd)
        $200k- Land investment gone bad. (Land secured)
        1st- $366k / House Value- $300k

        Comment


          #19
          Originally posted by BKINAZ View Post
          How judgement proof were you? My wife makes $4,000 a month (I'm self employed making only like $500 a month right now) and we owe like $6,500 a month and no assests. Who did you send your "letter(s)" too?

          You're right...after your response...this should be a sticky.
          If you live in a community property state, your wife's salary (if she has an employer) might be garnished. Some states like Texas, don't allow wage garnishment for consumer debts.

          Stop using checking / savings accounts if anyone sues you. Those are not judgment proof.

          I've heard this from many different debt collectors-- self-employed people and people who work at temporary jobs are more trouble than they are worth to attempt garnishment. They go after wages from an employer. They don't want to spend huge amounts of time and legal fees trying to untangle a self-employed person's easily hidden and often changing revenue streams. It would often cost more money that it is worth. And the tools of a person's trade-- in most states-- are exempt from judgment creditors.

          And for temporary jobs the costs and paperwork involved to set up a garnishment over and over and over again would be cost prohibitive. And by the time they got around to setting one up, the job might come to an end before they got a penny of it. And if you don't tell the creditor where you are working, they would probably not be able to figure it out in time before you were on to your next temporary job.

          I was and still am about as judgment proof as possible. I have no verifiable non-exempt assets, no easily verifiable employment (hint, hint, if you catch my drift), and I don't use checking accounts/savings accounts. I sent the letter along with a cease and desist communications letter to every creditor, junk debt buyer, and collection agency that came after me.

          Eventually all of my debts will be beyond the statute of limitations, and will have not paid back even one penny of them. I do not intend to ever use credit again. I can't handle it and so I shouldn't have it. I just pay as I go on everything now.
          The world's simplest C & D Letter:
          "I demand that you cease and desist from any communication with me."
          Notice that I never actually mention or acknowledge the debt in my letter.

          Comment


            #20
            Its hard for me to do those things, they often call my place of work, and my wifes, not to talk to us, but rather to see if we are still employed by them.

            Comment


              #21
              Originally posted by optimistic1 View Post
              Its hard for me to do those things, they often call my place of work, and my wifes, not to talk to us, but rather to see if we are still employed by them.
              Not everyone can be judgment proof, and for you, I suggest filing bankruptcy as soon as you can.
              The world's simplest C & D Letter:
              "I demand that you cease and desist from any communication with me."
              Notice that I never actually mention or acknowledge the debt in my letter.

              Comment


                #22
                Originally posted by GoingDown View Post
                Stop using checking / savings accounts if anyone sues you. Those are not judgment proof.

                I have no verifiable non-exempt assets, no easily verifiable employment (hint, hint, if you catch my drift).
                Yeah I got your drift the second you said "no easily verifiable employment or assets" ...but as for the savings/checking...I hear everyone say it...we are trying to do it now. (no savings account any longer) but how do you make house payments? I'm think one month we'll make our payment and it won't be in the account.

                OPT...that's my wifes biggest fear...the call to her work.
                $70k- Unsecured Debt
                $88k- Secured Debt (HELOC/2nd)
                $200k- Land investment gone bad. (Land secured)
                1st- $366k / House Value- $300k

                Comment


                  #23
                  Of course, a typical BigBoy answer, beat me down and make me feel stupid, do me a favor, don't respond in this thread unless you were actually sued by Chase.

                  Comment


                    #24
                    Optimistic1,
                    Remind me how long it's been since you paid on your cards? And what do they ask when they call your work numbers? Since they don't talk directly to you how do you know they've called? My cards all have my old work number, but obviously when they call no one answers and the voice mail never picks up since the number isn't being used right now. If they call the direct line for the place I used to work I'm sure the receptionist won't verify any info for them, so I have no idea how they could know for absolute certainty that I'm no longer there.

                    That sucks - I'm so sorry!

                    Comment


                      #25
                      It has been since October of 2008.

                      When they call my work, I immediately inform them, that they cannot call here again or I will be fired, and I then give them my attorney's name and phone number.

                      They do talk directly to me, I am there to answer the phone.

                      Comment


                        #26
                        Yeah, they been calling me at work too. Lucky i have a direct line on my desk, with a VOP phone and caller ID. If no ID shows up I don't answer, because I know it's not an internal call. They are also starting to call my cell with no caller ID to get around my Verizon blacklist. No ID........no answer.
                        Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                        Comment


                          #27
                          [insulting post deleted by moderator]
                          Last edited by lrprn; 04-05-2009, 09:47 AM.

                          Comment


                            #28
                            Optimistic1, you posted an insulting post about BigBoy2U a half hour before you were warned on another thread that this behavior was not acceptable and would result in a one week ban. Because this was done before the warning, I've deleted the insult this time. Any more that you post about anyone here in the forum including BigBoy2U will earn you a one week 'no posting' sit on the sidelines. The same goes for BigBoy2 if he continues to post insults about you or any other forum member.

                            This forum is not a place to taunt a member - any member - by making critical comments about them in an attempt to win a disagreement that balloons into an open forum argument complete with flame throwers. That violates everything we value about this community. Will we always agree with each other? No. But that does not give anyone here - including you and BigBoy2U - permission to hurl insults at those who don't agree with you to try to come out on top.

                            Warning given. Let's move on, everyone - nothing more to see here.
                            Last edited by lrprn; 04-05-2009, 10:20 AM.
                            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                            06/01/06 - Filed Ch 13
                            06/28/06 - 341 Meeting
                            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                            10/05/06 - Hearing to resolve 2 trustee objections
                            01/24/07 - Judge dismisses mortgage company objection
                            09/27/07 - Confirmed at last!
                            06/10/11 - Trustee confirms all payments made
                            08/10/11 - DISCHARGED !

                            10/02/11 - CASE CLOSED
                            Countdown: 60 months paid, 0 months to go

                            Comment


                              #29
                              I will never and have never insulted anything about other members except him, BigBoy just rubs people the wrong way, I am not the only one. But I have already apologized and completely understand that I am violating the rules, and will respect them, so it will never happen again.

                              Comment


                                #30
                                for everyone's information Chase has a balance liquidation program where you can pay off your debts with NO interest over 5 years. Ask about it! I'm on it for 3 Chase accounts although I may still have to file BK if Citibank whom has sued me won't settle for what I can pay.

                                Comment

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