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Received letter from local BK lawyer informing me that I'm being sued.

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    Received letter from local BK lawyer informing me that I'm being sued.

    First of all, I retained a lawyer two years ago, and stopped making credit card payments (eight credit cards, $20,000 debt at the time, five actual creditors in total), on his advice, at the same time. I never went through and filed, as I couldn't afford it back then. When I started a new, better paying job, I decided to hang back and see if I ever got sued before filing. Is this the time?

    First of all, I never entered into any agreements with any collection agencies. I stopped answering the phone 21 months ago, and eventually changed my number. The letters and settlement offers slowed to a trickle, but I still get one every once in a while. I usually take a quick glance and throw them out.

    Then today I got a letter from a local lawyer telling me that I'm being sued, apparently by Stellar Recovery. All it contains is a vague line that there was a filing at the "Court House", that "one or more" of my creditors has "filed suit" against me. At the top is says re: Stellar Recovery v (my name). Then it goes on about not being ashamed to file, yadda yadda.

    Obviously, if this is true, I won't use a lawyer who reaches out with this sort of tactic, but I'm a little worried. He seems to be a legit lawyer though. Shouldn't I have been served if I was being sued? I don't know if I ever even got anything in the mail from Stellar Recovery, but my girlfriend says the name sounds familiar.

    I would have otherwise been prepared for this, but my company is putting someone from my job on a ten week furlough, starting the first week of July, and I have the lowest seniority, so....

    #2
    Sounds like a scare tactic. If you're really being sued, you'll find out about it when you're served court documents... not by someone claiming (rightfully or not) to be a lawyer who wants to help you.
    OK - from now on it's not a "Bankruptcy." It's a "Weight Loss Program." I'm in. Sign me up.

    Comment


      #3
      I wonder if that attorney stepped over any rules or laws? Would the Bar Association frown on such behavior?

      At any rate, it sounds like a simple form letter/advertisement.
      11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

      Comment


        #4
        I got a letter just like this shortly before we filed. I went to my county's court website and sure enough, it was true! Some lawyers scour court records looking for clients. I was served a week later. Luckily we were already in the process of filing, and that stopped the lawsuit. I'm not saying you are being sued, but it is possible!

        Comment


          #5
          What would I have to look up on my county's court website? I browsed around and couldn't find anything.

          I honestly don't remember seeing anything from Stellar Recovery before. I hope it's just an advertisement. The rest of the letter reads like one.

          Comment


            #6
            Chances are you have been sued. Law suits are public record just like the filing of a bk or a foreclosure notice. Attnys looking to solicit business do utilize services that gather such info - and, no, it typically is not a violation of anything to send out such "junk mail". Walker740's approach is a good one. If case information is not available on the court's web site, call the Clerk of the Court. He/she can usually check by running your name. You can also go to the courthouse and view records. The problem is, you do not know which court to go to. Try the following links for possible info (the 1st one is "official" the others are not):





            Court Records and Cases in Pennsylvania. Court Reference shows where and how to find court cases in Pennsylvania. County by county listing of all trial courts in Pennsylvania.


            Des.

            Comment


              #7
              Originally posted by derp View Post

              Obviously, if this is true, I won't use a lawyer who reaches out with this sort of tactic
              You reckon he chases ambulances as well?
              All information contained in this post is for informational and amusement purposes only.
              Bankruptcy is a process, not an event.......

              Comment


                #8
                I am in PA and also got several letters like that before I got the actual paperwork in the mail. I was already in the process of filing and let my lawyer know.

                Derp you will get the paperwork shortly.
                Discharged 5/2015

                Comment


                  #9
                  Originally posted by frogger View Post
                  You reckon he chases ambulances as well?
                  I was just thinking the same thing LOL! Like others have suggested, contact the clerk of courts in your area. I once filed a complaint against a collection agency with the AG in my state and I had a letter from a lawyer wanting to represent me if I decided to file a law suit.

                  Comment


                    #10
                    Originally posted by spidge View Post
                    I wonder if that attorney stepped over any rules or laws? Would the Bar Association frown on such behavior?

                    At any rate, it sounds like a simple form letter/advertisement.
                    Yep, probably an advertisement. Attorneys are allowed to "direct mail", they just have to follow certain rules.

                    Comment


                      #11
                      Thanks for the replies, everyone. I haven't found any information yet, nor a knock on the door, but I did receive another solicitation from a different law firm today, stating that I'm being sued. I'm going to go ahead and assume that it's true.

                      I just wish I knew the extent of it. I'd rather not file for bankruptcy over $20,000, and I can handle the ding from most of my old CCs. If they're suing on behalf of Citibank though, I'm screwed. I owe them half my debt.

                      Comment


                        #12
                        When I got sued by a firm representing Crap 1, it was through small claims at the city level. When I received a summons for foreclosure, it was through the County Court. I didn't know either....until I got certified mail with the bad news from each court. (Whew...glad that is behind me!!)

                        However, what I would do if I was in your situation, is to call one of the attorneys and act real dumb. Ask them what they are talking about and the fact that you don't know anything about it. Hopefully they will spill the beans and let you know who is suing you and then give you a sales pitch why you should hire them to "help" you. At that point just say you need to think about all of this and end the call. At least then you would know.

                        DM

                        Comment


                          #13
                          Hold on... Why is everyone upset by a legitimate attorney attempting to get your business? Without his solicitation you would not be aware that there is was a civil suit pending against you. This lawyer did nothing wrong in my opinion. He/She has someone go to the courthouse and get a list of the civil suit filings. Then he/she sends out a quick letter to attempt to solicit your business. If anything, you owe him/her a thank you note even if you elect not to use their services. This attorney has no way of knowing that you've already retained counsel. Check with your courthouse. See if there is a case filed against you. If there is indeed a case filed against you by this company (which is a real national collection agency) then you are forewarned. You can make sure that you don't wind up with a default judgement from someone using "sewer service" against you.

                          Comment


                            #14
                            Originally posted by Bell30656 View Post
                            Hold on... Why is everyone upset by a legitimate attorney attempting to get your business? Without his solicitation you would not be aware that there is was a civil suit pending against you. This lawyer did nothing wrong in my opinion. He/She has someone go to the courthouse and get a list of the civil suit filings. Then he/she sends out a quick letter to attempt to solicit your business. If anything, you owe him/her a thank you note even if you elect not to use their services.
                            From the way I've read this thread it seems like everyone who "got upset" about this atty did so because they thought the atty was trying to scare the OP into filing BK (and hopefully use his service to do so).

                            Then someone suggested that a case may very well exist and the atty is soliciting to represent the OP in that case.
                            Don
                            Filed Pro Se on 8/4/11 (No Asset, Chapter 7)
                            Redeemed Automobile ProSe (722 Redemption),Discharged on 11/3/11

                            Comment


                              #15
                              I don't necessarily have any extreme prejudices towards these lawyers using there tactics on me, and ultimately I may end up being thankful that they tipped me off, but I'm just not a fan of the "ambulance chaser" mentality.

                              I'm going to call the local clerk of the court on Monday, and regardless of whether or not I'm being sued, I'll call my original attorney afterwards. I feel kinds of like an ass, since I contacted him last year around this time with the intention of filing, but I ended up bailing on the idea when it had occurred to me that I was new to my job (could have lost it in an instant), and my income pushed me over my state's median. I didn't want to enter into a chapter 13 payment plan at the time, and I never called him to tell him this.

                              Comment

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