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I wonder how patient they are going to be

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    #1

    I wonder how patient they are going to be

    I am going to file a ch13 in a couple of months. The last time I paid my creditors the requested amount in full was in December of 2008. Then I paid as much as I was able (around 1/3 or the minimum payment) for another three months. Once I retained a lawyer I stopped paying altogether in April of this year. The balances I have with each creditor range from $6k to $36k with a total of around $250k.

    My strategy so far for handling the creditors has been ignoring them. In those cases where the debt was handed over to a third party I DV'ed them and told them not to contact me on the telephone at all. That has been working quite well. This week I fill send each of my creditors a letter (certified) stating that I am about to file BK and that the only person that must be contacted from now on is my lawyer.

    What are the chances that any of them will move forward with a lawsuit despite the fact that they will not get far with it (assuming they'll believe me and my lawyer)? My lawyer keeps telling me that it takes a lot of money and time to file a lawsuit nowadays and that I should not worry. I sure hope he is right with that.

    The amount of phone calls I am getting has been increasing to a level of ridiculousness but the letters I used to get to remind me that I am supposed to pay somebody has decreased dramatically.

    I just want to get this over with but my lawyer wants his fee in full upfront before he files and that will take another 2-3 months.
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    #2
    They may or may not, either way it is good money after bad. You're going to file, once it is filed the lawsuit will be dismissed.

    I am being sued by Chase, the ONLY reason I know that is that I surfed our county's court docket. I haven't been served yet, I informed them that I had a lawyer and was filing. In my case they are looking at a minimum of a year before they can get a default judgement.

    Don't sweat it, focus on getting your info together and getting filed.

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      #3
      Originally posted by walkthaplank View Post
      They may or may not, either way it is good money after bad. You're going to file, once it is filed the lawsuit will be dismissed.

      I am being sued by Chase, the ONLY reason I know that is that I surfed our county's court docket. I haven't been served yet, I informed them that I had a lawyer and was filing. In my case they are looking at a minimum of a year before they can get a default judgement.
      Don't sweat it, focus on getting your info together and getting filed.
      Why a year ?? Was it that law firm in LA they used to file on you ??
      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

        #4
        Originally posted by albacore44 View Post
        Why a year ?? Was it that law firm in LA they used to file on you ??

        Just looking at the timeline on the court docket. It is a law firm in LA that filed on their behalf, but knock wood, no process server yet.

        I'll be filed in the next month so it won't really matter.

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