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Has anyone been sued by a CC company?

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    Has anyone been sued by a CC company?

    I'm getting threats from lawyers left and right saying they are going to sue me if I dont pay off this debt and I'm telling them that I am planning on filing BK and they still wont stop. I cant wait to just file and get this all over with but I'm still waiting for my tax refund check. My lawyer assures me that I will be able to keep the entire refund check because she has done sooooo many bk's with this trustee. I dont know but the irs keeps giving me a bs excuse for why I havent got it yet and they keep saying it's still processing.

    If a CC company comes after to me and files a judgement, how long after they file a judgement will I be able to file BK and have the judgement taken away? I'm sure it's their jobs to be aggressive but they are starting to scare me. I finally had to call them back because they called my office and it really pissed me off. They didnt even bother to ask for me they just told the secretary to "tell" me that they are looking for me rather than ask to be transfered to my voicemail.

    #2
    Is this the original creditor, or a collection agency? Makes a difference in what your rights are. Are these "intent to sue" threats verbal or do you have them in writing? Collectors will say anything to scare you over the phone. Tell them you are recording the call and they'll probably shut up.

    In any case, they would need to file a suit in your local county, and then hire someone to serve you with a summons. You usually have 30 days after the summons to respond or ignore it. So that's about 5 weeks minimum before they could get a default judgment against you if you ignored them. By responding to the summons you can delay the case for months.

    When does the IRS schedule say you should be getting your rebate? The last mailing is around the middle of July. If you get your rebate and file before they get a judgment, they are out of luck. If you file later and already have a judgment on the discharged debt, it can be vacated - there is no time limit.
    “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

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      #3
      There is no time limit between when a judgment is granted and a bk filing. You can file bk the same day, the next day or whenever.

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        #4
        It took Aspire about 2 years. I got served papers and filed bankruptcy close to 30 days later. The papers were to assert that I owed the debt, I had 30 days to respond.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

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          #5
          I've been sued. I filed BK on the day they got the judgment. It took about 2 years for them to sue. They never threatened me though, they just did it. It took them about 1 month between when the papers were served and when they got a judgment, but they had supposedly been trying to serve me since October. I don't know how they could have missed me. I've been here and available to serve.
          Filed 4-21-2008
          7/16- DISCHARGED!!!!

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            #6
            How far after you got sued did you file BK and did the BK get rid of the judgement?

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