This OC files lawsuits not the CA!! Advice needed! Thanks!

[Confuzed]

Hello, Chase here in Florida files lawsuits directly from a lawyer. They have pages by the hundreds where the lawyer goes and files mass lawsuits. If you search for the past year on the court website, I think it would reach 1000 lawsuits filed by the same attorney!

I thought I was seeing things, here is the link, just look at the mass lawsuits filed for debt by Chase:

http://www2.miami-dadeclerk.com/civil/Search.aspx

Type in chase for party name, and just do a range for this month and see the 20 pages filed by the same attorney code. Click the attorney code number and the attorney's name & JP Morgan Chase will appear as the person filing the lawsuit! This means that it is the original creditor, not the collection agency suing. I searched this attorney and he is not a collection agency.

Do I wait it out, I feel like a lawsuit will be swift after 6 months of my default date which means early next year.

I defaulted this past July, but to make a long story short, I cannot file until next year September. I am getting calls from Chase, a credit card default of around 3,800 dollars.

Do I enroll in some hardship program of theirs that they offer me in the mail? (Does this ban me from filing bankruptcy, can they make some fine print agreement where you agree not to discharge the debt via chapter 7 if you accept, I am scared to accept any offer to keep them at bay), I have no assets, I live paycheck to paycheck and I have 8 other credit cards hounding me but they are collection agencies so the cease n desist helped give me peace for a bit of time. Should I wait it out? Thanks!! Advice is appreciated! This has to be the only OC that sues directly giving me no window of time until next year.

[albacore44]

Yes, your correct, Chase has there own firms. I checked my court last week in So cal, and found the same result you stated. i have 4 of their cards, just passing 180 days pd but they have not charged off yet. i will be filing in january. I would wait it out, and once you get a letter from their attourney, the tell them you will be filing BK. that should hold them off from spending extra $$$ to sue you, but that will only last so long. The cases I reviewed showed it taking 8 months from filing of the suit to a default judgement in 99% of the cases. Then they have to petition for garnishment. Just keep your eye on the court docket and check a couple times a week. also, revew the cases online, and that will give you an idea how long it takes after they file. Also some others on the board have held them off for over a year by telling them they are filing. if you hire your ATT in advance you can give them his name and #

[Confuzed]

Some cases go for 1 or 2 months with a default judgement, some go for 4 months with a garnishment from the same lawyer, and then it is dropped due to a suggestion of bankruptcy by the defendant (you can actually see the scanned documents), some just go as a voluntary dismissal by Chase, some settled for a 35 month installment (it was credit card debt, the document was scanned and on the court site!), every case is different, but this is the only OC that is very aggressive suing thousands of people in my county. They have a guy that just does this by the hundreds per week. Anyone in south florida have chase/formerly washington mutual and defaulted? SOME PEOPLE NEVER ANSWERED THE SUMMONS/NO SERVICE and the court just kept on issuing a new court date every 2 months, ???? From February on to the end of this month, weird..(the best way is not to answer the summons to keep them at bay? I really don't want to play a hide n go seek game, lol ...I cannot file until 1 year from this month!)

Does anyone know if enrolling in a hardship program to keep them at bay in any way can trick me (fine print?) into agreeing to not file bankruptcy on this debt with Chase? Is it legal for this scenario to happen where you can sign to agree to never file a bankruptcy? The program is like paying over x amount of years. I can borrow the money somehow to enroll, just scared to since I am several months behind and I do not want to talk to them on the phone. The hardship offers come in the mail, and I feel a lawsuit 6 months after I defaulted (July).

[GoingDown]

Some cases go for 1 or 2 months with a default judgement, some go for 4 months with a garnishment from the same lawyer, and then it is dropped due to a suggestion of bankruptcy by the defendant (you can actually see the scanned documents), some just go as a voluntary dismissal by Chase, some settled for a 35 month installment (it was credit card debt, the document was scanned and on the court site!), every case is different, but this is the only OC that is very aggressive suing thousands of people in my county. They have a guy that just does this by the hundreds per week. Anyone in south florida have chase/formerly washington mutual and defaulted? SOME PEOPLE NEVER ANSWERED THE SUMMONS/NO SERVICE and the court just kept on issuing a new court date every 2 months, ???? From February on to the end of this month, weird..(the best way is not to answer the summons to keep them at bay? I really don't want to play a hide n go seek game, lol ...I cannot file until 1 year from this month!)

Does anyone know if enrolling in a hardship program to keep them at bay in any way can trick me (fine print?) into agreeing to not file bankruptcy on this debt with Chase? Is it legal for this scenario to happen where you can sign to agree to never file a bankruptcy? The program is like paying over x amount of years. I can borrow the money somehow to enroll, just scared to since I am several months behind and I do not want to talk to them on the phone. The hardship offers come in the mail, and I feel a lawsuit 6 months after I defaulted (July).

They can't make you sign away your RIGHT to file bankruptcy. It wouldn't hold up in court against you.

Still, I would not enroll in a hardship program. They will get a lot of information from you to turn around and use against you later on. If you're going to file bankruptcy, send them a letter telling them you intend to file bankruptcy soon. If I got that letter, I would not waste any time or effort on your case because the judgment will become worthless once you file bankruptcy.

Also, if you are judgment proof, tell them you are judgment proof in your letter. It has worked very well for me to keep most (99.99%) of my creditors from suing me. So, yes, it is effective. Who wants to waste time and money on a debtor who is judgment proof?

[Confuzed]

Thanks! Your input was very helpful and I am thinking the same thing, if I get on the phone with them, they get my info. Also, you have to answer a complaint before taken to court. On the other hand, I am almost judgment proof, I live paycheck to paycheck so they can go after wages. I need to ride it out for 1 year or to be up to date, we are talkin around 550 dollars to pay this month as I am running up to 3 months behind, no phone needed, just pay the statement, but money is so tight that I would have to borrow this. The upside is no questions asked, just send the money as per the monthly statement and they stop the calls/collections/and future lawsuit. The downside is all the tacked on late fees I can negotiate over the phone and get back on track maybe with much less of a payment this month, but I dont want to get hit hard with 100 questions about job, income, etc. I hate the phone conversation (or maybe they wont be like that since they are an OC and not a CA?) but I am sure they will ask me to update info...

Paying this also will show up on my credit report, and 8 other creditors that are in default for 1 year already will be jumping all over me (capital one, hsbc, etc) and may trigger a lawsuit? (call me paranoid.)
Whats the worst scenario with their hardship program?

Thanks for the "outside looking in" advice, I get caught up with so many nightmare scenarios I cant think clear, still thinking about this one though.