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Bummer. Chase is suing me now.

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    Bummer. Chase is suing me now.

    And I thought I had a little more time before I file my chapter 13. The summons were dated beginning of June, pretty much six months on the day I stopped paying them the entire minimum payment. The funny thing is that my wife's Chase account has been delinquent for the same amount of time but so far nothing even though the balance is a little higher.

    Well, I have 30 days to answer the summons and let my lawyer handle that (I wonder how much extra he is going to charge me for that). Looks like I'll be filing in August now, as soon as the lawyer is paid off. I thought I could squeeze in a few extra months to save up some money before I go down the being broke for the next 60 months route.

    #2
    I wouldnt let it rush you to file, just answer the summons and ask for a delay, tell them you are still preparing to file and need more time. Even if they actually get a judgement, who says they will immediately start garnishment knowing you are filing the Ch.13. We have discussed the topic before, and I have yet to figure it out myself, but the trustee may see the garnishment as a preference payment, regardless of the fact that you yourself did not make the payment to them. The trustee needs to give all creditors an equal oppurtunity to get a share of your money, so Chase just cant garnish you for months, and not expect any recourse.

    Comment


      #3
      Originally posted by optimistic1 View Post
      We have discussed the topic before, and I have yet to figure it out myself, but the trustee may see the garnishment as a preference payment.
      I owed the SSA money and they automatically kept my $2500 tax return to apply it to what I owed. The trustee sought return of that payment as a preferential payment.

      Comment


        #4
        Sheesh, then Chase will be returning his money to the trustee as well, if the SSA isn't safe, then Chase definitely isn't. They are pretty stupid for even wasting money on the suit to begin with, all it will do is hasten the filing of the petition anyway, it's like they are trying to call his bluff, if it is a bluff that is.

        Comment


          #5
          wow.....that was quick. how much do you owe on that card ?? I have 4 cards guess my chances are high
          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


            #6
            I have a Chase CC with a balance of $3,143.66 as of 2/16/09 (haven't updated my spreadsheet, yet). I haven't paid them since 9/08.

            This CC is in my Name, does not include Dh's name. Only monies I receive is SSD every month as I am disabled and Chase is aware of my disability. So guess, that maybe the reason I haven't received a Summons.

            Our Attorney told me he would charge me $60 for each reply if a Summons is received for Me, DH and/or both. He has stated if a Summons is received, he will be able to delay such until we file our Chapter 7 on 9/30/09.

            Comment


              #7
              I haven't paid Chase in over a year. I think my balance was 14K or so. I haven't been sued yet.

              Comment


                #8
                Originally posted by albacore44 View Post
                wow.....that was quick. how much do you owe on that card ??
                The balance is around $13k. My wife's card has a balance of around $16k and she hasn't been sued for that, yet (we are going to file jointly).

                Anyway, we have an appointment with our lawyer in a couple of weeks. I'll wait until then and let him handle it. Somehow I am eerily calm about this issue.

                Comment


                  #9
                  Originally posted by cynhgm View Post
                  The balance is around $13k. My wife's card has a balance of around $16k and she hasn't been sued for that, yet (we are going to file jointly).

                  Anyway, we have an appointment with our lawyer in a couple of weeks. I'll wait until then and let him handle it. Somehow I am eerily calm about this issue.
                  Wow! That's fast...I stopped paying Chase over a year ago and wasn't sued (owed at the time 27K).

                  Don't let this rush you into filing for BK if you are not ready. You still have time to respond, ask from proof of the debt...that should delay it a little. The Courts are so backed up right now, it would probably take awhile for Chase to get a court date, then you can file right before....(just a thought)...

                  When do you plan to file?
                  May 2008 Hired 1st Attorney/Stopped paying CCs
                  May 21, 2009 Retained 2nd Attorney
                  May 28th - Filed for Ch 7 (FINALLY!)
                  9/11/09 - DISCHARGED!!!!

                  Comment


                    #10
                    Originally posted by liz417 View Post
                    Wow! That's fast...I stopped paying Chase over a year ago and wasn't sued (owed at the time 27K).

                    Don't let this rush you into filing for BK if you are not ready. You still have time to respond, ask from proof of the debt...that should delay it a little. The Courts are so backed up right now, it would probably take awhile for Chase to get a court date, then you can file right before....(just a thought)...

                    When do you plan to file?
                    Too late.he already got a summons
                    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


                      #11
                      I am figuring that my chances are good now, huh? I quit paying in October on

                      DISCOVER
                      AMEX
                      HOME DEPOT(2)
                      LOWES
                      TARGET
                      CAPITAL ONE (3)
                      JC PENNEY
                      KOHLS
                      BANK OF AMERICA VISA
                      CREDIT UNION VISA


                      What kind of idiots would give me that many credit cards? Even when I had money, I made a late payment here and there because I couldn't keep track of it all. I JUST WANNA CRY>>>>

                      I am not stupid, but my Husband was in sales in the construction industry, and I kept thinking that our big break was coming.

                      I just wish I had come here sooner, we took all of our 401k to keep up payments. THAT was a mistake!!!!

                      Comment


                        #12
                        Nothing is to be gained by looking back, other than info shared with new folks. Start looking forward.

                        Comment


                          #13
                          Originally posted by moonbeam9209 View Post
                          I am figuring that my chances are good now, huh? I quit paying in October on

                          DISCOVER
                          AMEX
                          HOME DEPOT(2)
                          LOWES
                          TARGET
                          CAPITAL ONE (3)
                          JC PENNEY
                          KOHLS
                          BANK OF AMERICA VISA
                          CREDIT UNION VISA


                          What kind of idiots would give me that many credit cards? Even when I had money, I made a late payment here and there because I couldn't keep track of it all. I JUST WANNA CRY>>>>

                          I am not stupid, but my Husband was in sales in the construction industry, and I kept thinking that our big break was coming.

                          I just wish I had come here sooner, we took all of our 401k to keep up payments. THAT was a mistake!!!!
                          The same idiots that gave me my 25 or so.
                          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


                            #14
                            Originally posted by treehugger1 View Post
                            Nothing is to be gained by looking back, other than info shared with new folks. Start looking forward.
                            Thank you, you are absolutely right. It is really nice to share that info though.

                            On the bright side, we had 16k in there, and paid a 10% penalty, but we probably would have lost half of it with the way the market took a dive last year. We took it in January of '08. There's your pot of gold!

                            Comment


                              #15
                              Originally posted by albacore44 View Post
                              The same idiots that gave me my 25 or so.

                              Small world, we have Mutual friends!!!

                              Comment

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