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1 cc with ~ 50k is in town

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    1 cc with ~ 50k is in town

    I have this one cc with citibank about a year and half ago with less than 35k total. Today got a letter from a local atty assigned to this one and the total now including interested almost 50k. They said I have 30 days to request a DV. Will be filing in 2 months. But I know once it gets to local atty, it just a mattter of days before they sue.
    Should I call them, let them know I will file bk in a few weeks and give them my atty number? So they will slow down the process and don't want to spend another $300 to sue me?

    #2
    He has given you 30 days on the house. Do nothing as you have at least half that time before filling. Let him sit it out. Trouble with most suits and legal problems is, we hang ourselves with our own mouth.

    Learn one thing from Casey Anthony: If you keep your mouth shut, you won't get caught. That goes for some fish as well. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      'Hub is right. You're filing in 60 days, so take 29 of them from the attorney, use the 30th day to do the debt verification, and you should be able to stall the court hearing to get you past the 60 days.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

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        #4
        I had the same situation with Citi. Here's pretty much how it will go. I did the validation at the last minute, be sure to send it certified on the 29th day. After they sent the validation (they did it within a week), it was about 2 weeks before I got the summons for the court case via the county sheriff. I had 20 days to respond the summons. If I didn't respond, they would have gotten an automatic judgement.

        I filed my BK 2 days before my response was due. My attorney called and advised Citi's attorney that we filed. We never heard one more word, not from the courts or the attorney.

        As Frogger and Hub stated, you have plenty of time, don't call anyone. If you do get to the summons point, just give it to your attorney. You'll be fine!
        Filed CH 7 4/15/11
        341 5/23/11
        DISCHARGED & CLOSED ON 7/27/11

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          #5
          The amount is high enough that they cannot file in Small Claims court so, no worries. What Frogger says is dead on. Send the DV certified mail on the 29th day. By the time they get you served you will be close to filing. Even if you filing is delayed you are fine. These cases don't progress through the courts very quickly. In my own experience I was served by a JDB in Nov 2007, a second lawsuit by the same JDB on a different debt Feb 2008 and finally in small claims court by an OC in Nov 2008. None of these cases had made it to judgement when I filed in Dec 2008.

          If you are served, be absolutely certain that you file an answer with the court within the stated number of days! No need in giving someone a simple Default Judgement. They need to work to try and take your money.

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            #6
            Thanks you guys. Will do as suggested.
            Will work on the dv next 3 weeks

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