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    CC Lawsuit Theory

    Okay...having read several threads now about Credit Cards suing, I THINK I am seeing a pattern. Granted others way smarter than me have probably done this same thread, but I am going to pretend they haven't.

    We are behind 4 months on three cards from chase ($1,000-$7,000 & $45k)...the one thing I seem to see a lot are lawsuits filed on the smaller amounts. So to you people that have lawsuits against you, I am assuming they are in small claims courts? I know it's REALLY easy to file lawsuits in small claims, and I know our limit in our small claims is like $2,500 or $3,000.

    Does anyone else see this pattern...or is there no pattern and I am nuts?

    Ironically...or maybe it's starting to make sense to me...it seems like the agreessive card collectors are on the smaller amount? Why? Easier to sue? I cannot remember the last time I took a call on my $45,000 account. Obviously I don't take them all...but on the ones I do take...I get 5 calls for the $1,000 card every 1 call I get for the $45,000 card.

    So my question (which could kill my theory)...are any of you being sued for larger amounts than your local small claims courts will allow? If so...what point in the process (missed payments) has this happened?

    Seems to me...I should be paying the $20 a month that the small account is asking for? IF we file we are looking to file by the end of the year or January, and if my theory is correct...they'd be the ones to muck up our timing.

    Thoughts?
    $70k- Unsecured Debt
    $88k- Secured Debt (HELOC/2nd)
    $200k- Land investment gone bad. (Land secured)
    1st- $366k / House Value- $300k

    #2
    I believe you are correct. Small claims in FL is up to 10K now. Used to be 5K. You are more likely not to show so they would gamble on a default Judgment. Anything over 15K in florida is a Civil suit in a regular trial. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      So HUB...if I want to keep them at bay for a few months while we decide...I should work with my smaller account?
      $70k- Unsecured Debt
      $88k- Secured Debt (HELOC/2nd)
      $200k- Land investment gone bad. (Land secured)
      1st- $366k / House Value- $300k

      Comment


        #4
        HUB...you had me scared...I went to look it up to make sure ours hasn't changed. Our small claims is still $2,500 here in Arizona.
        $70k- Unsecured Debt
        $88k- Secured Debt (HELOC/2nd)
        $200k- Land investment gone bad. (Land secured)
        1st- $366k / House Value- $300k

        Comment


          #5
          I am being sued for a 20k Citibank card in District Court. Stopped paying less than a year ago. I live in Nevada. My smaller cards, including Chase, have been working with me.
          Hope this helps.

          Comment


            #6
            I am in Arizona and it was 2 accounts that were good size in nature that served us. As for small, local accounts, they hardly called, if they called. The local accounts seemed to have been sent to collection agencies which did almost nothing for the original creditor. As far as suing, I don't think anybody using a lawyer would go to a small claims court. The small claims court generally doesn't pay lawyer's fees.
            Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

            Comment


              #7
              The heck with you guys!!! lol ;)

              Hey...I just said it was a theory...

              So...explain why my $1,000 account calls 5-1...is it because they figure it's easier for them to settle small accounts? I mean...they still only have asked for $20 a month so that can't be it?
              $70k- Unsecured Debt
              $88k- Secured Debt (HELOC/2nd)
              $200k- Land investment gone bad. (Land secured)
              1st- $366k / House Value- $300k

              Comment


                #8
                BTW...the suits...filed by the bank or collection agency? Just curious...as Obama would say...Keeping Hope alive. lol
                $70k- Unsecured Debt
                $88k- Secured Debt (HELOC/2nd)
                $200k- Land investment gone bad. (Land secured)
                1st- $366k / House Value- $300k

                Comment


                  #9
                  My summons and complaint has Citibank South Dakota as the Plaintiff.

                  Comment


                    #10
                    Just got another statement from Chase, it shows a balance just over $2500, so with the filing and attorney fees thrown on top, it will be out of Justice (small claims) court. So if the "theory" holds true, maybe the idea of suing me may take longer than expected.


                    Insert BigBoy nasty comment below...

                    Comment


                      #11
                      Originally posted by BigJohn View Post
                      I am in Arizona and it was 2 accounts that were good size in nature that served us....
                      Could you enlighten everyone as to who the creditors were and how long it took since you last paid on them??

                      I probably already asked you this question, but I cannot remember.

                      Comment


                        #12
                        Originally posted by optimistic1 View Post
                        Insert BigBoy nasty comment below...
                        lol certain time of the months are harder on some...
                        $70k- Unsecured Debt
                        $88k- Secured Debt (HELOC/2nd)
                        $200k- Land investment gone bad. (Land secured)
                        1st- $366k / House Value- $300k

                        Comment


                          #13
                          Oops...I've got mail. From who? Guess. Wanna bet it's nice, complimentary and civil?

                          Yeah...meneither...
                          $70k- Unsecured Debt
                          $88k- Secured Debt (HELOC/2nd)
                          $200k- Land investment gone bad. (Land secured)
                          1st- $366k / House Value- $300k

                          Comment


                            #14
                            Originally posted by BKINAZ View Post
                            Okay...having read several threads now about Credit Cards suing, I THINK I am seeing a pattern. Granted others way smarter than me have probably done this same thread, but I am going to pretend they haven't.

                            We are behind 4 months on three cards from chase ($1,000-$7,000 & $45k)...the one thing I seem to see a lot are lawsuits filed on the smaller amounts. So to you people that have lawsuits against you, I am assuming they are in small claims courts? I know it's REALLY easy to file lawsuits in small claims, and I know our limit in our small claims is like $2,500 or $3,000.

                            Does anyone else see this pattern...or is there no pattern and I am nuts?

                            Ironically...or maybe it's starting to make sense to me...it seems like the agreessive card collectors are on the smaller amount? Why? Easier to sue? I cannot remember the last time I took a call on my $45,000 account. Obviously I don't take them all...but on the ones I do take...I get 5 calls for the $1,000 card every 1 call I get for the $45,000 card.

                            So my question (which could kill my theory)...are any of you being sued for larger amounts than your local small claims courts will allow? If so...what point in the process (missed payments) has this happened?

                            Seems to me...I should be paying the $20 a month that the small account is asking for? IF we file we are looking to file by the end of the year or January, and if my theory is correct...they'd be the ones to muck up our timing.

                            Thoughts?
                            You're in Arizona, think about how much easier and cheaper it is to file a lawsuit in smalls claims court in Phoenix rather than going to the Maricopa County Superior Court. I used to work for an apartment complex and I have spent some time in the East Phoenix Justice Court (small claims court), and I saw the really caliber of attorneys who showed up to file lawsuits there. They were really dumba$$es who couldn't make it in the Superior Court. They worked cheap for creditors. Lawyers who have to go to Superior court have to know what their doing, so they charge a lot more and consequently, creditors don't file as many lawsuits over huge balances unless they really think they can get paid back.
                            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


                              #15
                              Well that sounds good, because Chase just went over the $2500 limit by tapping on all their stupid fees on the account. So, have fun filing in Superior court then.

                              Comment

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