Bummer. Chase is suing me now.

[liz417]

Small world, we have Mutual friends!!!

Boy, they sure are "nice people", they like to hand out credit like candy...I got 72k (all ccs and all in one year)....

[optimistic1]

Of course they are nice, they like to imprison american citizens into debt, so that they can suck them dry for the rest of their lives.

good thing we know our rights, and have immediate access to the big red button.

[paulf8]

i have 70000 on two card with chase havnt paid since nov 08, ther about to write it off wonder if ther sue me ,I think i can hold them off for atleast 6 month or longer after they sue

[moonbeam9209]

i have 70000 on two card with chase havnt paid since nov 08, ther about to write it off wonder if ther sue me ,I think i can hold them off for atleast 6 month or longer after they sue

How can you hold them off after they sue? I thought you had to high-tail it to a lawyer after that?

[rockyroad]

I was served in early April (AMEX) Just by answering the suit (I did this by myself) it buys several months just waiting for a court date.
Three months later and I'm still waiting for a court date. No action at all will result in a quick default judgment.

[walkthaplank]

I was served in early April (AMEX) Just by answering the suit (I did this by myself) it buys several months just waiting for a court date.
Three months later and I'm still waiting for a court date. No action at all will result in a quick default judgment.

How did you answer it? What was your defense?

[moonbeam9209]

I was served in early April (AMEX) Just by answering the suit (I did this by myself) it buys several months just waiting for a court date.
Three months later and I'm still waiting for a court date. No action at all will result in a quick default judgment.

Thanks for that info. Really good to know. I am starting to try to save for the lawyer (1600.00) and it's gonna take a while. What will you do when it comes time for court? Are you planning on filing bk, or just taking one suit a a time?

[moonbeam9209]

I was served in early April (AMEX) Just by answering the suit (I did this by myself) it buys several months just waiting for a court date.
Three months later and I'm still waiting for a court date. No action at all will result in a quick default judgment.

Sorry, forgot to ask in my original reply, how much did you owe them? And is it small claims? Thanks!

[cynhgm]

I was served in early April (AMEX) Just by answering the suit (I did this by myself) it buys several months just waiting for a court date.

I am kind of hoping for this to happen in my case as well. I assume my lawyer will answer and tell the court that BK is about to happen and that moving forward with the suit is not going to be in anybody's best interest. I wonder, though, if I should get in touch with Chase and also give them my lawyer's contact info? I have not done this, yet, but maybe I should at least for all the other creditors that ring the phone of the hook constantly.

[cynhgm]

I must have bad luck or they are getting desperate

Just as an update, Discover is suing us now, too. Well, their henchmen Mann Bracken are (I guess after we DV'ed them they had no other means to get back to us). I envy all of you who have been not paying for a year or more and have not gotten any summons.

If worse comes to worse we'll file next month anyway. If we can stretch it out for another two or three months that would be even better.

[inevitable]

Perhaps your credit history reflects that you have assets, much more than people who have gone over a year without a suit. Calling your other creditors might do some good, but its too late for them anyway, its first come first serve with garnishments, if you know you are gonna file, I would just take a breather and not stress over things, I know thats hard, but you need to do it.

[catleg]

Normally the next step after an answer is a motion from the plaintiff for summary judgment. They will typically have to provide some kind of contract, usually a photocopy of the card agreement, and some kind of recent statement or affidavit of someone who has knowledge of the business records. As well as
an affidavit showing you're not in military service.

Probably your best effort here is to create some doubt as to whether there
is identity theft involved.

Otherwise, you're probably better off not answering and just drag your feet on whether they can find anything to levy against.

Honestly, against an OC I would probably go the default route rather than get mixed up in court. Then, you can always file a motion to get the default judgment dismissed, when they start to get close to you. I think this could possibly use up more time than filing an Answer would.

[treehugger1]

Inevitable has a good point. If you have assets, there is the possibility the plaintiff would seek suit and judgment. Once a lien is in place, they can sit back and ignore you. If they can see you have wages, then they might act quickly, but all this costs money to the plaintiff/attorney. If you know you are going to file for BK, then it is a matter of "not if, but when."

On the other hand, I believe that the OC's attorney generally needs to get permission to proceed with suit from the OC. The OC's attorney then begins to see some revenue paid from the OC. Keep in mind that in such cases the OC still owns the debt and will make the final decision.

As BB pointed out, we need a lot more information. If you only have wages to garnish and have moved all other cash assets out of bank accounts, then it could take a while for anyone to raise questions. If the OC has your current bank account on file, then once they have a judgment, they will go after the account. Not much you can do. Not much to worry about if the account is "empty." And, as BB asked, "Did you get served?" Or, did you get soem MB letter stating they intend to proceed with legal action? Intention and service are two different animals.

I think what CatLeg is talking about is a "pre-summary" judgment. This is not allowed in some states, including mine. If you answer a summons, you will first get a hearing for the trial, and then a trial date will be set. If you don;t show for trial, then the plaintiff will receive a default judgment. EVERY STATE has different rules of civil procedure. Even in such cases you would need to be served the motion under whatever protocol is required by your state. In my opinion, you hold the line, "I do not owe anyone $###."

But again, each state has their own rules related to both plaintiff and defendant.

[bk2009]

At least here, they can't swipe if you have less than $400 in the account. We thankfully did when they attempted, as that account is usually pretty empty, lol.

I'll be so glad when I can go back to having an emergency fund (even a baby one) in the bank and not having to hide it in the sock drawer, attic, basement, mattress, freezer, etc.

[747LUVR]

Small world, we have Mutual friends!!!

haha, i'm joining the club too. They gave me n the wife about 38 accounts over the past 13 years, sucks to be them.(the banks that is)