Well, it finally happened

[Drazil65]

We rec'd our first collection letter from a collection agency on behalf of B or A for a CC, balance is $8600. It says that we have 30 days to reply in writing if we want DV. We are at 90 days on this debt so we were expecting something at this point. I contacted our attorney but should we do anything at this point with this? We will be retaining our attorney officially in 2 weeks and plan to file end of Oct/early Nov, are we in jeopardy of getting sued before then? Thanks, I know this is part of the process but I feel a little sad about getting this letter, I guess seeing it all in writing from the collector makes it more real (yes, I know this is very real) than just hearing the messages left on GV...

[lillymarlene]

It took about a year, after I stopped paying, before I actually got a summons from a law firm on behalf of one of my credit cards. (This was after many phone calls and letters from the original creditor, then a couple of different collection agencies, and finally a law firm.) You may also have some time after you receive a summons, the trial or "pre-trial" (well it was in my case anyway) is usually at least a month away, maybe more if the courts are backed up.

Good luck.

[AngelinaCatHub]

We rec'd our first collection letter from a collection agency on behalf of B or A for a CC, balance is $8600. It says that we have 30 days to reply in writing if we want DV. We are at 90 days on this debt so we were expecting something at this point. I contacted our attorney but should we do anything at this point with this? We will be retaining our attorney officially in 2 weeks and plan to file end of Oct/early Nov, are we in jeopardy of getting sued before then? Thanks, I know this is part of the process but I feel a little sad about getting this letter, I guess seeing it all in writing from the collector makes it more real (yes, I know this is very real) than just hearing the messages left on GV...

Everything you described is normal. Be prepared for more until you file. We are in a depression, these people are attempting to make money, and they will say anything to do so. You are in BK so think only for yourself and your family. You made the business decision to get back on your feet. So, ignore those bothersome calls. That is normal until you file and when you are given your new lease on life, use it wisely. Join the club. Freedom and no selling your soul to a creditor. 'Hub

[LadyInTheRed]

Based on a quick Google search on NC procedure, even in the unlikely event they serve you with a summons on the 31st day after sending that letter, you will have 30 days after that to answer the complaint. I don't know how long it takes to get a default Judgement in NC, but if you plan on filing by early November, they will not be able to get a judgement before you file. Chances are, they won't even file a lawsuit by then. If you are concerned, you could wait until close to the expiration of 30 days and request a DV.

I bet your attorney tells you to ignore the letter.

[DYLAN150]

I got that same letter after 90 days. Now it's been 8 months of non-payment and have not heard a word from them. Not even a phone call.

[Drazil65]

Thanks everyone for the replies and reassurance that we still have time on our side. Heard back from our attorney (within 24 hours) and he pretty much said the same thing. Do nothing at this point. Its funny, but I guess we found a pretty good attorney because we had our free consult with this guy mid-July and here it is 2 months later and he still responds to us within 24 hours of my emails to him on a weekly basis, the funny thing being that we have not offically retained him yet. He has very busy, 2 location, solo practice. It always surprises me when he emails us back so quickly and he is not on the clock with us yet. We liked him right from the start (was our 2nd consult out of 3 and by far the best). We retain him officially the week of the 19th, we cannot wait to get this thing going!