about 4 months to ch 7...

[IamOld]

Guys, I have about four months to ch 7 (need to wait for P/T job income to "drop off")...so...some cards will be SEVEN months past due by then including a local credit union....I take it that there is ZERO chance that I won't be sued by then right? Do you all think it's possible to make it four months and "hold things off?" There is also a local credit union involved....

[sunshinepa]

Not trying to scare you but if you have a CITI card, watch out. I was sued in the sixth month of not paying them. I didn't even know they sent to collector to sue me until I got the letter from them, then ask for validation and they did it it a week. The following week, got the summons to court. So all told, the lawsuit was filed at 6 mos. and 9 days. Thankfully, I got filed before the 20 day response was due or I would have had a judgement on my house.

The others, Bank of America, Wells Fargo were not far behind but never filed suit before I filed. Just wanted to give you heads up that CITI wastes no time, from my experience and others I've read here.......they are quick to sue these days.

Good luck, been following your story and wish you the best! My 341 is Monday and I hope all goes well and this will be over soon!

[IamOld]

Hello! FIRST BEST OF GOOD LUCK ON YOUR 341!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! And best wishes!!!!!!!!!!!!!!!!!!!!!!

Well, no Citicards, but I do have a big one from wells fargo, and the wonderful folks at Weiss...whatever...re two small cards at Target, and a couple of small ones...and that's it...have a Chase......so I'm wondering if a payment here or there would make sense to hold things off...atty would slap me for even asking...

For me, six months would be...roughly August-ish...

Not trying to scare you but if you have a CITI card, watch out. I was sued in the sixth month of not paying them. I didn't even know they sent to collector to sue me until I got the letter from them, then ask for validation and they did it it a week. The following week, got the summons to court. So all told, the lawsuit was filed at 6 mos. and 9 days. Thankfully, I got filed before the 20 day response was due or I would have had a judgement on my house.

The others, Bank of America, Wells Fargo were not far behind but never filed suit before I filed. Just wanted to give you heads up that CITI wastes no time, from my experience and others I've read here.......they are quick to sue these days.

Good luck, been following your story and wish you the best! My 341 is Monday and I hope all goes well and this will be over soon!

[sunshinepa]

Thanks Old......sure hope it goes smooth. I think you will be ok with Wells Fargo, they were the last ones to give up. A week before I filed they left a message it would be the last call before collections. Meaning they would turn over to an atty to collect. In your case, you could then ask for debt validation after you get the original letter......wait until the last minute of the 30 day window and send the letter certified on the 29th day. They will then have to respond which could take a few weeks. It was 9 mos. for Wells Fargo to tell me it was their last call so I think you will be safe.

[IamOld]

Thanks Old......sure hope it goes smooth. I think you will be ok with Wells Fargo, they were the last ones to give up. A week before I filed they left a message it would be the last call before collections. Meaning they would turn over to an atty to collect. In your case, you could then ask for debt validation after you get the original letter......wait until the last minute of the 30 day window and send the letter certified on the 29th day. They will then have to respond which could take a few weeks. It was 9 mos. for Wells Fargo to tell me it was their last call so I think you will be safe.

THANK YOU!!!! Yep, I am planning on doing the debt validation letter for anything that comes through...I've been getting calls from Zwicker - I think it's for a Credit One Card...that's like almost six months now...maybe they should get a payment...

[sunshinepa]

I would NOT make any payments. From what I have read here.Zwicker is collections. They will hound you but the bottom line is they still have to do paperwork to get a judgement. I would worry when they stop calling........that's what CITI did before they filed. You can always answer and stall...........pretend someone else and ask for a message etc. Or talk to them, say want to work out payment plan or such........that could stall them too. If they sue, you still have twenty days to answer summons, deny and etc. but you will still probably lose. Even if they get judgement, takes awhile for garnishment etc so you would still have some time. Here in PA, they can't garnish wages so I was safe there, not sure if your state is same but I would look it up if I were you, may make you feel better. Know what it's like to have the stress waiting to file...been there. PM me anytime if you want to talk privately.

[IamOld]

THANKS SO MUCH!!!! That's what the atty said (he would've slapped me if he could...) - no point in paying...so far no one has stopped calling, but I really hesitate to answer, but I may...

In my state once you have a judgment, they can get a garnishment in TEN days!!! Then there is a debtor's quiery to find out where you work, bank, etc...

I would NOT make any payments. From what I have read here.Zwicker is collections. They will hound you but the bottom line is they still have to do paperwork to get a judgement. I would worry when they stop calling........that's what CITI did before they filed. You can always answer and stall...........pretend someone else and ask for a message etc. Or talk to them, say want to work out payment plan or such........that could stall them too. If they sue, you still have twenty days to answer summons, deny and etc. but you will still probably lose. Even if they get judgement, takes awhile for garnishment etc so you would still have some time. Here in PA, they can't garnish wages so I was safe there, not sure if your state is same but I would look it up if I were you, may make you feel better. Know what it's like to have the stress waiting to file...been there. PM me anytime if you want to talk privately.

[nomoneynomore]

All of our payments, Sears, Capital One, Chase and a couple of small ones were 8+ months before anything happened on them. The only one we had problems with was a local bank. They filed 4 weeks after the missed payment & were the ones that broke the camel's back as to filing.
We paid them $800, they held the check 2 weeks, repossessed the collaterial, then cashed the check the next day. They had to pay back the money, the amount of the collaterial and all the garnishment to the bankruptcy.

[IamOld]

Thanks!!! yeah, I forgot about my little cap one cards. (very small balances in the great scheme of things) - I do worry about my friendly local credit union though :-)

All of our payments, Sears, Capital One, Chase and a couple of small ones were 8+ months before anything happened on them. The only one we had problems with was a local bank. They filed 4 weeks after the missed payment & were the ones that broke the camel's back as to filing.
We paid them $800, they held the check 2 weeks, repossessed the collaterial, then cashed the check the next day. They had to pay back the money, the amount of the collaterial and all the garnishment to the bankruptcy.

[free2breathe]

IamOld, we hadn't used our credit cards for almost 2 years when we filed, and we hadn't been able to pay on them for well over a year. I never received any threat of suit from any of them. I can only imagine that by the time we'd reached that point, any checking they did would have shown them that we had nothing for them to gain by suing us.

May the road to your filing date be smooth and may the phone not explode from the calls


ETA: oh, I forgot about hub's CapOne card. We assume they were attempting legal action, but we never actually got confirmation. We'd left the state we were living in, and someone attempted to serve hub papers at a relative's house. Only two cards were in his name, and one was a very low balance. By the time we filed, his CapOne balance had tripled due to fees. Had to be them.

[IamOld]

IamOld, we hadn't used our credit cards for almost 2 years when we filed, and we hadn't been able to pay on them for well over a year. I never received any threat of suit from any of them. I can only imagine that by the time we'd reached that point, any checking they did would have shown them that we had nothing for them to gain by suing us.

May the road to your filing date be smooth and may the phone not explode from the calls

Interesting!!! AND A MILLION THANKS!!!!! So...intresting because my lovely local credit union DID pull my credit a few weeks ago...what they would have seen - (actually according to my credit monitoring service ZERO % of the population has worse credit than me - YEAH!) repo, charge-offs and a ton of debt...sigh.

[free2breathe]

Interesting!!! AND A MILLION THANKS!!!!! So...intresting because my lovely local credit union DID pull my credit a few weeks ago...what they would have seen - (actually according to my credit monitoring service ZERO % of the population has worse credit than me - YEAH!) repo, charge-offs and a ton of debt...sigh.

LOL, as I just told Cat in another thread, "sometimes it's not so bad being at the bottom of the food chain" ;)

[IamOld]

Too true!!! (I hope... :-)

LOL, as I just told Cat in another thread, "sometimes it's not so bad being at the bottom of the food chain" ;)

[747LUVR]

We too had over a year n a half btwn defaulting and filing, and only Citi filed a suit against her one card, and that was in april 10. to our chagrin/suprise when we filed in january, it was just sitting on the court docket collecting dust. go fig. that was the only threat we really had during the whole process. glads it over tho, dont ever want to go down that road again!

[IamOld]

We too had over a year n a half btwn defaulting and filing, and only Citi filed a suit against her one card, and that was in april 10. to our chagrin/suprise when we filed in january, it was just sitting on the court docket collecting dust. go fig. that was the only threat we really had during the whole process. glads it over tho, dont ever want to go down that road again!

THANKS!!!!

Well Zwicker just sent me a love letter :-) - we'll see - have 30 days to do DV letter, etc.