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What are the chances I'll be sued again?

Date: Fri, 05/22/2009 - 18:33

Submitted by onebigasstruck2
on Fri, 05/22/2009 - 18:33

Posts: 49 Credits: [Donate]

Total Replies: 8


I have 10 credit accounts totalling *edit* 53000 soon to be $45,500.
Most are $2500, a few are $7000 and one is $14000, two are under $1000.
Most say Account closed at credit grantors request.
A lot say Purchased by another lender.
Some say account charged off/written off.
Last activity date is early 2008.
My credit report says these will stay on file until 2014 to early 2015.
I was already issued a summons by one that was listed as sold to another lender. For some reason two other CA's bought this one account, but only one sued.

What can I expect? Since one just popped up and sued, I'm nervous.
I could have filed bankruptcy for what that one cost total.
Problem is I'm not sure I can file BK right now, I may need to wait a year or so.

Anyone have a similiar experience, and a similiar situation. If so how often if ever were you issued a summons?


Unfortunately that is nearly impossible to predict. Some people get sued left and right, while others pass through the entire settlement process unscathed. In fact, I conversed with a gentleman not too long ago that was actually feeling guilty that he was never sued! Sometimes you get sued on the lowest amount and not on any of the others.

But if I were to gander a statistically significant guess, I'd say that the $14,000 will likely sue.

BK goes on your income for the 6 months previous to filing.


lrhall41

Submitted by Chrys Henderson on Fri, 05/22/2009 - 22:13

( Posts: 2538 | Credits: )


What exactly do you mean by passing through the entire settlement process?
You mean if I just wait it out until these are no longer on my credit report?
(BTW is that how it works? After 2015 and these are off my report, will I be in the same position if I just wipe them out with CH 7 within the next year?)

Or do you mean if I file BK chapter 7?

The only thing keeping me from filing ch7 is the fact I transfered a vehicle to my father with gift on the title (in exchange for whatever money I need for these legal processes, mainly the lawsuit I just went through).

I need to get a consultation and see where that leaves me.

Again, thanks for the advice. I noticed you've responded to a lot of my questions. This may be very confusing because I'm researching and shooting for my best option, so my posts from day to day probably go from one subject to the other.


lrhall41

Submitted by onebigasstruck2 on Fri, 05/22/2009 - 23:06

( Posts: 49 | Credits: )


Quote:

What exactly do you mean by passing through the entire settlement process?
It takes time for the settlement process, it won't happen tomorrow (or even by Monday!). Some of them may be less patient than others. This could mean an aggressive settlement (some collection agencies will offer a good settlement quickly so they can make their profit without spending hardly any time on your case) or they could go on the attack mode. It depends on the debt collector - both the company and the person they assign to your individual cases...

Yes, you should get a consultation. The vehicle transfer may be no problem at all. Ask the attorney about that in the most innocent manner possible.

It is not advisable to attempt to wait it out, especially with online reporting, etc. 7 years is now a very long time...

And it will not be wiped out by the SOL, it will just not be on your credit report any longer. Your state may have a shorter (or longer) SOL for filing a lawsuit against you, than the 7 years for the credit reports.

I'd say Ch 7 is your best bet, so I hope that the vehicle transfer is not a problem.

As far as confusion goes, just as long as you don't mind a little redundancy in responses (I won't be able to take every conversation you've had here into account when I respond) then it should be alright.

Fire away!


lrhall41

Submitted by Chrys Henderson on Sat, 05/23/2009 - 02:57

( Posts: 2538 | Credits: )


I don't own a house. I have no job. I take care of my elderly father who is a 100% diabled veteran, he's on oxygen 24/7.
I was unvoluntarily assigned caretaker by my siblings who have jobs. I went from a construction type job to home health care, housewife, grocery getter, etc, Kinda PO'd about that.

I know in court they could give a care less about my sob story, just telling my situation.


lrhall41

Submitted by onebigasstruck2 on Sun, 05/24/2009 - 08:50

( Posts: 49 | Credits: )


You'll increase your chances of getting sued by bringing attention to yourself or if you make the issue personal for the collector. Keep all communications civil and via post mail only. Don't threaten them! Don't talk to them on the phone - you more likely to say something over the phone that will hit a nerve. You may even say something that they can use against you court (they are good at doing this)

The goal is for you to be just another faceless name among the other thousands of name's in the collector's list. You are more likely to get passed over that way. The last thing you want is a collector that has a personal grudge against you.


lrhall41

Submitted by on Sun, 05/24/2009 - 15:57

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