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Stopped paying CC in June/July - filing Ch7 in march -rec'd first collection letter..

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    Stopped paying CC in June/July - filing Ch7 in march -rec'd first collection letter..

    This is for one of my smallest balanaces (citibank - about $3K). I stopped paying them in June or July and I received a letter from a collections agency today. Is there a way to stall them long enough so they don't sue and go after my wages before we can file mid to end of March?

    once it goes to a collection agency, is there a normal timeframe before they will sue?

    TIA!

    #2
    No, there is no normal time frame. Also, there is no way to predict when a suit will come.

    What I can say, with some degree of confidence, is that you will be fine if you are planning to file in March.

    Normally, it takes several months of collection activity to see a suit. We quit paying three years ago on about 20 unsecured creditors. It took two years before we saw a suit. Only now, almost three years since, are we in serious jeopardy. We filed Friday.

    You could answer the letter with a DV which will buy you 20 days or so. Make sure you wait till the last possible moment, but make sure it IS within the 20 day allowable period, and send it return-receipt, signature required. This way they cannot say it was not received.

    Another possible tactic is to talk to them and explain you are in financial trouble, but hope to see a change soon. Do NOT tell them you will send them anything. NOT even a DOLLAR. This could raise issues later. But, if you can stall them with this, you will get what you need.

    In reality, your timeframe is short enough that I doubt you will see action before March. Or, at least, meaningful action that will result in a garnishment or judgment. Most courts simpy cannot move that fast.

    Good luck,

    -dmc
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      Originally posted by goblue View Post
      This is for one of my smallest balanaces (citibank - about $3K). I stopped paying them in June or July and I received a letter from a collections agency today. Is there a way to stall them long enough so they don't sue and go after my wages before we can file mid to end of March?

      once it goes to a collection agency, is there a normal timeframe before they will sue?

      TIA!
      I too stopped paying unsecured creditors in July. And, I too just got what I term a pre-collection letter the other day from a CA, Client Services, Inc. of Missouri. I read up on them and no one has anything good to say about the. Anyway, they informed me that Target sent them my account and that I should send a bunch of money to Target pronto. I probably won't even file BK (unless I absolutely have to) as I am collection proof at this point in my life and have nothing to lose by pushing the envelope. Should I just blow the letter off or dv and/or c&d them? They have yet to call me. I still have 21 days to respond. Don't want to jump the gun.

      From what I have read DVing is usually pointless unless your buying time (which I don't need) and a C&D may provoke a law suit. But, I have also read that it could also end with them giving the account back to the OC.

      So BB4U and Cat what do you wise-men think or suggest?

      C7L

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