Chase is going to sue at less than 120 days delinquent!

[Lindsay]

Today while I was at college, my husband was served with papers from Chase on our $5100 debt to them. He said some guy brought it over. We are just under 120 days delinquent (last payment made at the end of July). I am suprised that they never moved the account to outside collections, just moved right ahead with the lawsuit. We will probably file in a few weeks, but I was really suprised by this. The paperwork looks really strange, with multiple errors crossed out and scribbled over. It is very unprofessional looking. Also it says that they are going to sue us in the Supreme Court of New York! Yikes, that sounds so serious and terrible. I thought the Supreme Court was for real bad felony crimes. The paperwork was drawn up by JPMorgan Chase Legal Department.

It is kind of a scary document; it lists my county as the "Place of Trial." I didn't realize that there would be an actual trial. I have three midterm exams tomorrow and Thursday and I'm supposed to be studying, but instead I'm shaking like a chihuahua.

From what I've read, most creditors don't move this swiftly with a lawsuit. Does anyone know how I should handle this? It says that we have 20 days to reply. Should I call them and say we'll be filing bankruptcy or do I have to file something with the court. I knew I should have filed sooner, but I just didn't think they'd sue this fast. I wonder if creditors are getting more desperate now. Ironically, this is the smallest debt we have.

Now I'm paranoid that there's going to be a huge line of people in the morning serving me from the rest of the companies we owe!

Has anyone else been sued this fast by a creditor?

[kl030505]

I m pretty sure it was our Chase account that moved that fast as well.

Do you have a bk attorney on retainer? If you do, send him that letter and let him handle it. Or, call Chase and give them the name and number of your attorney and tell them you are filing.

If you are filing pro se, then I would file ASAP, call them with your case number and they should leave you alone.

[CATCHMEIFYOUCAN]

WOW, that is fast! Sorry to hear about this, maybe creditors ARE getting the jist of things?
Hope all works out for you!

Catchmeifyoucan

[DivorceRuinedMe]

Chase was in the process of suing me but they never did. They filed the suit but then never served me. They are still calling me every day though hounding me for the money. I'm filing very soon (waiting on 1 dang piece of paper to file! ARGH!) so it shouldn't be a problem but I feel your pain. It was about the same time frame that I caught wind that they were planning to sue me (I started getting unsolicited letters from attys in my area listing the lawsuit number that Chase filed with the county court asking me if I needed representation). I think they were just bluffing b/c no papers were served yet and no wages/bank garnishments yet either. And they most certainly know where I live so it's not like they can't find me!

[nc73]

Good thing I'll be filing in January.

[jp2861]

If the document looks strange check with the court clerk to see if they really filed. It may just be some whacked out letter from their collections department.

[Lindsay]

If the document looks strange check with the court clerk to see if they really filed. It may just be some whacked out letter from their collections department.

It has a handwritten index number, which I imagine is the case number. I haven't called yet; its in my husband's name so I'm not sure if they'll give any information. I'm going to try to retain the lawyer on Monday or Tuesday next week. I can't do anything this week as its midterm week at college. I have a real horrendous algebra exam on factoring tomorrow that frightens me even more than the lawsuit!

The document itself is so rife with errors and scribble marks and it says Supreme Court. There is no form to answer with so I'm not sure how I'll answer the court if we don't get our filing in before the actual lawsuit date. I heard that you can request a 30 day extension, does anyone know if that's true?

Also, the documents indicate that it was filed on October 11, 2007, but it wasn't delivered until yesterday (by an actual person) on Oct 30, 2007. Does the 20 days start from the day we actually received it? I hope so, because if it goes by date filed, we are on the 20th day today! We're always home at night, so I'm sure this was probably his first attempt at delivery.

I'm really suprised by the swiftness, but I was kind of dragging my feet on the bankruptcy, even considering waiting to the first of the year. But I said we'd file as soon as someone sued us so I guess that time has come. I had originally planned to file in the beginning of Oct, that was the 90 day mark for purchases. We had no luxury purchases, but I didn't want to take any chances.

They sure don't give you alot of time to get your act together. It's sad because we had such great credit for 10 years, never late on a payment, and then we have some financial trouble for several months and they sue quickly. I wonder if this causes alot of people to file for bankruptcy who otherwise would have recovered, found a job, ect. I was under the impression that most wouldn't sue until at least 9-12 months.

I can't wait to file and be done with this. If they somehow get a judgement before we get filed, can they garnish my bank account (in my name only) for a lawsuit against my husband (his name only)? We're in NY. My husband's bank account is dormant and has a $2 balance. We use my bank account for paying the bills, but his name isn't on it. I've always kept everything in one name or the other, not both of us on any account except our mortgage.

[SinkingFast]

If it really is a Court Summons, there will be a Docket Number on there. That's how your Hearing will be scheduled. By the Docket Number.

That may be the number you've got on your Complaint. A Docket Number. But you won't know for sure until you call the Court House.

Supreme Court division could be something not so scarey. Our Small Claims Court here is a section of the Supreme Court division. Could be several different Courts all combined under one umbrella. The Complaint says Supreme Court because the Court you'll be heard in is a division of Supreme Court, but maybe you'll really be going to "Civil" Court for example.

If you need more time than the 30 days,............. File a Response with the Court. You can go by the Court House and ask if there's a specific form to use. The Court may even have a specific format you must set up your Response in. And you can do something as minor as dispute the validity of the debt. You can say you don't owe $XYZ to Chase and you want them to verify that. That alone will buy you time. 30 days to a month.

Calling them and telling them you're filing BK is wasted breathe at this point. The law suit is already in motion. Possibly even in the hands of a Collections Law Firm.

[lrprn]

Lindsay, everything about this just sounds fishy. Official court documents typically don't come with cross-outs and hand-written court case numbers.

Take the document to your lawyer and get his/her opinion about the notice. Also you can call the court the case is filed in to see if the case is real as well.

If they somehow get a judgement before we get filed, can they garnish my bank account (in my name only) for a lawsuit against my husband (his name only)?

Unless you live in a community property state (and NY is not a community property state), then your creditors CANNOT take your money unless you is a co-signer for your husband's debt with this creditor.

Getting a garnishment, lien, or bank account seizure order from the court and then getting it accomplished takes more than just a few days. Sounds like you'll get filed in plenty of time to stop any court action if this summons is real.

[Lindsay]

Thanks, Lrprn! It seems a little fishy to me too. I wonder if any cards will actually go to the extent to deliver a fake summons. The index # is hand written as well as the crossouts and typos. It is from Chase's legal department. Chase was very creative in their collection attempts so far, sending me lovely greeting cards and very threatening letters. They did send a letter a while back threatening to sue us.

Also, a few weeks ago, Chase sent my husband a brand new credit card with a $10,000 limit. Our current card only had $5000 limit on it. I had posted about it because I was suspicious that it was some sort of trick.

Thanks for letting me know about the bank account, I was worried about that. It seems the only smart thing I've done in the past 10 years was keep all of our financials separately.

[Bandit]

I am glad I never used that bank -Chase chase them away... & never will. Reminds me of citybank & AMEX. Acky!

[treehugger1]

Send an answer! Did you receive documentation as to your rights of response? Scribble somethign down in response. It could be that these folks are simply hoping for a default judgment, so it is in yoru interest to submit your "side" (answer.) If they have a court date and you don't show up the judge or court administrator will simply find in their favor and it will be nothing to convert the ruling to a judgment. If you can come up with some typr of answer, it might be enough to set them back. With the "scribbling" you described, i am guessing that they assume you won't bother to answer their suit. Prove them wrong.