Being sued... Damn... What now?

[morallyBR2]

I got a notice today that I was being sued for 15k due on a Citi card. I plan on filing July 1st of this year. Do I have enough time to wait or should I go ahead and get the ball rolling? I'm trying to wait until then because I am a commisioned based employee and if I wait until July to file then my median income will be substantially lower. Any suggestions?

[JRScott]

Okay what exactly did you get today?

If it is like most first notices you have 30 days to reply I think, but we'd need to know more about what the notice said, have you retained a bk lawyer yet?

[Phillymanhere]

You got a lawyer? ... That's the best place to start. Schedule 4 or 5 consultations if you haven't already.

[CindyLou]

There is a huge possibility that by the time you get the actual suit that the court date will be after July 1. Did you get the actual filing notice or just the "if you don't pay we are going to sue you?"

[laurannm]

How many days late are you on the Citicard?

Definitely speak with lawyer if you haven't done so already

[morallyBR2]

It says that they are representing Citi. I am almost 6 months late. Last payment was January 20th. I have a lwayer and I am going to call her Tuesday but I am impatient and wanted to see what you guys said. I'm filing July 1st. But if I have to do it sooner then I will. I'd rather not though. The letter asks for payment. I have not received any summons of anything like that.

[sisterfunkhaus]

Is it an actual court document or something that you were sent by a law firm? Those are two radically different things. If it was a law firm and not an official court doc, then you are probably okay not to file until July. If it's a court document, it depends on how long they gave you to reply.

[WhatMoney]

Doesn't sound like you are being sued yet. A letter from a "law firm" asking for payment is just another attempt at collection. Is the law firm registered to practice law in your state? I've got dozens of out of state letters from "law firms" asking for payment over the past two years. Nothing has happened. In most cases they are just debt collectors trying to scare you by calling themselves a law firm because they may have a lawyer on their staff of bill collectors.

[JRScott]

It says that they are representing Citi. I am almost 6 months late. Last payment was January 20th. I have a lwayer and I am going to call her Tuesday but I am impatient and wanted to see what you guys said. I'm filing July 1st. But if I have to do it sooner then I will. I'd rather not though. The letter asks for payment. I have not received any summons of anything like that.

Oh this just sounds like a threat of suing you then. They'll do that for a few months probably.

[Phillymanhere]

god, I love how sharp people are on this board!

[nomoneynomore]

We received many of these, and have yet to be sued by anyone as far as credit cards go. It has been over 4 years since we paid on the Sears card, and no lawsuit yet, but many threats. I highly doubt they would get around to actually sueing you that quickly, and eve if they do, the court process is rather slow, as creditors are not the top issue of most courts. Good luck!

[parsoc48]

Yes, you're not "being sued" unless you actually get a summons. Chase was the fastest (and only) but even that took months and after we filed BK petition they asked that their action be dismissed. Just give all your correspondence to your attorney Good luck!

[morallyBR2]

Ok, thanks guys. I just really need to wait until July because that will drive my past 6 months income down by over 3 grand. Thats a big 3 grand in the world of bankruptcy!!!

[laurannm]

How long did it take Chase to sue? They seem to be the most agressive as far as calls go so far

[WhatMoney]

How long did it take Chase to sue? They seem to be the most agressive as far as calls go so far

It has been 998 days since I stopped paying on my Chase account. They have not sued (or threatened to sue) yet!