Threatened lawsuit from Chase

[keptdigging]

Long letter from chase receive today that includes this language:

To avoid a lawsuit, oontact one of our representatives at xxx-xxx-xxxx within fifteen (15) days. Otherwise, and without further notice, the bank intends to instruct its attorney to commence legal action against you for the entire balance owed plus appropriate interest and court costs.

My understanding it that they can't threaten to sue you unless they really are going to. But these aren't weasel words like "the bank has the right to sue you". They used the word "intends".

Does this mean my time is up and I need to get my BK filed. I've been having trouble since the individual attorneys recommended to me are really hard to get a hold of (i've also received a recommendation of a big law firm... but that's not a recommendation for a specific attorney that I'd actually been dealing with.

Had hoped to buy more time since I've got advances that are only 6 months old...

[keptdigging]

Also...

Anyone actually been sued recently in California? How long is the process? I'm in San Diego btw.

Also, fyi, I have missed just 4 payments with Chase (2 accounts). In fact the letter was dated before the due date of the 4th payment.

[catleg]

This sounds a lot like the letter that comes from their in-house legal department when they're getting ready to sue you. Yes it's for real. They're probably getting ready to sue you, most likely after 30 days past the letter. Plus since you mention you're in CA, which I believe is one of the states where their in-house legal team operates (e.g. FL, CA, IL, NY, NJ among others).

Start polishing the BK button.

(My wife and I got this letter and were subsequently sued by Chase, it was after about 5 months of non payment. They must sense you have income or assets).

[frogger]

To avoid a lawsuit, oontact one of our representatives at xxx-xxx-xxxx within fifteen (15) days. Otherwise, and without further notice, the bank intends to instruct its attorney to commence legal action against you for the entire balance owed plus appropriate interest and court costs.

You just got a threat, not a collection tactic. Prepare for battle!

[keptdigging]

It's been less time than that (3 missed payments on one acct, 4 on the other.) And whatever they "sense" I have no current income, house is probably underwater (plus there's a 75K homestead exemption)... only assets are a coin collection I've been selling off on ebay to buy time (and eventually hire an attorney.) Hard to seize.

Obviously this clears up any doubts about bankruptcy. But as I mentioned I do have some balance transfer/advances sins that haven't aged enough.

So:

1. Any chance sending them a few dollars will slow them down? I should add that I've never actually spoken to anyone from Chase (probably a mistake) and I'm still within their "15 day deadline".

2. Still unanswered (maybe I should start a new thread): what's the timetable for the whole lawsuit/judgment/garnishment seizure process in CA? I have a sense that every month I can wait to file will help me with the advances sins. Oh the stupid things I did when I was desperately trying to pay my bills... and keeping the Chase bastards happy.

Yes, I am gearing up for battle! And I'm really coming to treasure this board

[jwmc1]

Have you thought about calling them? I don't know the rest of your situation, but calling could buy some time.

[keptdigging]

Yes I'll call them--they seem on autopilot maybe I can slow them down. (But first getting my story straight... don't want to trigger an AP later on.) Unfortunately I am having a hell of a time finding an attorney! I hope the courts are as backed up as the bk attorneys, but everything I've read says that California is pretty speedy about creditor lawsuits. (Not that this state is efficient about anything else.)

[sheilaE]

Out of all our delinquent cc's, Chase is the only one who threatened us with that same exact letter. I debated what to do to try and stall because we also have some cash advances that need to age. After 15 days, I got on their site, logged onto our account and sent them a message with our Lawyers name & number. We've retained a Lawyer, but have not filed. He told us to give all our creditors his name & number and that would stop the calls. Problem is we don't want to file until summer or later so we can save some money from not paying the cc's. Anyways.... Chase never responded to the message which makes me wonder if it's because my account has been sent to the legal dept. I'll let you know if anything happens

[albacore44]

I had 4 Chases's went a year before i filed in january, never got that letter. However, I do think they are getting more agressive now. Yes, Chase has in house Lawyers based in LA, and they will go after you quickly. I was keeping an eye on my court docket prior to filing, and there was page after page of people being sued by the Chase Lawyers

[optimistic1]

They will sue you, guaranteed, anywhere from 12-18month period, but maybe quicker if an asset search yields goodies.

Creditors are behaving differently now, the collection process is just not working anymore, either file BK or they will sue you because they know that is the only way.

[keptdigging]

12-18 months? I'm on months 3 and 4 with my two Chase cards! I am a homeowner. No equity though... Dammit, it would really be best to wait 6 more months to file.

[keptdigging]

I had 4 Chases's went a year before i filed in january, never got that letter. However, I do think they are getting more agressive now. Yes, Chase has in house Lawyers based in LA, and they will go after you quickly. I was keeping an eye on my court docket prior to filing, and there was page after page of people being sued by the Chase Lawyers

I wonder if there's any chance it's clogging the court system and slowing things down. That would help At this point trying to figure out how many months I'd need to stall them so I can continue to use the banking system before I file.

[keptdigging]

Fs*k Guess what? I've already been sued. By American Express. Yesterday. First missed payment was 12/19/09. I know because it's the first payment I failed to make to anyone... in my life. Wow.

[sheilaE]

Keptdigging how did you find out you were being sued? did you receive something in the mail? I wonder, will I receive something else from chase or will my husbands wages suddenly become garnished?????

[keptdigging]

The local court website has a case search option. I was just curious about it and typed in my name for grins and there it was. This is California. I know they have to serve me before things can proceed. Although in some cases I think that can be by mail.

They can't garnish wages or seize a bank account until they get a legal judgment (at least here in CA.) And the beginning of the legal process is serving you with a summons so you get a chance to answer. It's a lawsuit and you have a right to defend yourself.