Roughly how long do I have befor I get sued?

[debtsucks]

We have decided to file bankruptcy, and we stopped paying on our cards in September. The problem is we can't file until February 15th the earliest, because my husband filed before we got married and that is when he is eligible to file again. I have already retained a lawyer, and the phone calls are coming in like crazy. I am not sure if I should disclose so soon that we are claiming bankruptcy, cause couldn't they try to go after me even sooner? This whole thing has me so sick to my stomach, with all the calls coming in.

[BobMango]

There is no way to be sure, but most folks have made it at least 6 months without paying before getting a summons. In my case, I stopped paying in Feb of 09 and got my first summons in Oct of 09.

Even if you do get sued, you can delay a judgment by a number of legal means, probably long enough to get your bankruptcy filed if Feb 10 is your goal.

[dealingsdone]

I stopped pay in November of 2008 and just filed for bk a month ago...nobody tried to sue me in those 11 or so months, who know how much longer that might have lasted...I owe one credit card 24k too.

[frogger]

I'm on month 4 and haven't got sued yet.

[debtsucks]

Thanks, I am freaking out here. I won't feel comfortable until the actual file date. Also should I wait on telling the creditors that I am filing until I get closer to the date, and just avoid the calls until then?

[frogger]

Thanks, I am freaking out here. I won't feel comfortable until the actual file date. Also should I wait on telling the creditors that I am filing until I get closer to the date, and just avoid the calls until then?

Don't you just love caller id? With it, you can avoid most anyone you want to. As to telling, why spoil the surprise?

[debtsucks]

Yeah I have caller ID, just seeing the numbers come up every hour on the hour irritates the heck out of me.

[junker]

over seven years ago, i told the creditors i was filing bk soon. in most cases they didnt bother again for 30 days or so, asking for the lawyers name. case # etc..i never did file...this time i am ignoring the calls and am getting at least 40 to 50 calls daily...i was sued twice...the first time they waited 3 years to sue...then another jdb sued after 5 years..and it was dismissed.. the first one did a asset search on me and found out i had a house, which is why they even bothered to sue...both were jdb.s...just a note..i am STILL getting letters from the jdb,s from 7 years ago..offering to settle.the notes have been passed around many,many times...

[liz417]

I stopped paying my creditors 1 year before I filed for BK (see my signature at bottom), although I told my creditors that I planned on filing "soon", I didn't file for a whole year. Never sued.

[fireworks]

I haven't paid any credit cards since January of this year. We've been telling all of the collectors that we are filing soon and to call the lawyer, very few have continued to bother us. It's now November and we're hoping to file by the end of the month.

It all depends on the individual situation - some creditors are faster to sue than others, some will only sue if they can do so in small claims court (must be under a certain dollar amount that varies by state), some will never sue because it's a waste of their time. I've had two threaten to sue me even after being told that we were filing. I told them if they wanted to waste their time and money doing so that they were welcome to, but that we would be done with the bankruptcy filing before their cases ever got to court. Those were both over the summer and I haven't heard from either of them since.

[nickifan]

Very helpful information...I was wondering the same thing. I am still current but thinking about stopping next month, with a possible file date for Chap. 7 of April, if not January. (Long story...not a two-year resident in my "new" state yet and don't want to be under (my former state) NY rules for property exemptions if I file before the two-year mark. BK lawyer in initial consult thought federal exemptions might be usable but not sure yet....major point is keeping my car.)

New question on this thread though...when you all say you stopped paying the CC's...can I assume you also stopped CHARGING?? This is going to be the tough part...BK attorney wanted 90 days of NO CC activity and would prefer more, but that's going to be very difficult to achieve. But I've also been told that if you do use a card within 90 days of filing...they would look at WHAT has been charged -- i.e. groceries, gasoline, car or health insurance premium, etc., -- as opposed to a gold watch or whatever. Obviously if I file in Jan. I do have some usage within the three-month mark. What think?

Thanks. This forum is a terrific resource.

[joecitizen]

thinking of filing a 13...

Ceased paying 1st & 2nd Mortgages in April
Ceased payments to my credit cards, motorcycle, rv & atv in Sept.

In the process of a loan modification for the 1st and paying a "trial" payment, the 2nd keeps calling, but so far has not done anything. The motorcycle has been repossessed after being 48 days late, and on the verge of the RV & ATV being repossessed. The credit card companies keep calling. Haven't been sued or received a summons so far.

My solution to the phone calls is to use voicemail on my home phone. I unplug the phone from the wall jack, so I don't hear the phone ring, and when someone calls the call goes to voicemail. When I think about it, I check the messages. I also removed any greeting cause most of the calls are automated.

[midnight]

Stopped paying in May 09, suit was filed by Chase in Oct. 09. We were hoping to wait to file but the lawsuit made us act faster.

[ready2puke]

Junker

over seven years ago, i told the creditors i was filing bk soon. in most cases they didnt bother again for 30 days or so, asking for the lawyers name. case # etc..i never did file...this time i am ignoring the calls and am getting at least 40 to 50 calls daily...i was sued twice...the first time they waited 3 years to sue...then another jdb sued after 5 years..and it was dismissed.. the first one did a asset search on me and found out i had a house, which is why they even bothered to sue...both were jdb.s...just a note..i am STILL getting letters from the jdb,s from 7 years ago..offering to settle.the notes have been passed around many,many times...

If its been 7 years how long before the statue of limitations wipes your slate clean?

[debtsucks]

Stopped paying in May 09, suit was filed by Chase in Oct. 09. We were hoping to wait to file but the lawsuit made us act faster.

If you don't mind me asking, was the Chase account a high credit balance? I am more worried about my Target Visa that has about 4,000 on it and my Merrick and Direct Merchants that has a little over 2,000.

UGH I hate all of this, I really don't ever see myself having a CC again. I don't want the headache.