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Figuring out who gets sued and who doesn't

Date: Sun, 07/11/2010 - 09:48

Submitted by mmac
on Sun, 07/11/2010 - 09:48

Posts: 36 Credits: [Donate]

Total Replies: 4


Ok, so I'm a very curious person, and I always have a need to know how things work. I'm trying to figure out what the formula is that makes a CC sue one person over another? Are there any people on this board who have worked inside the industry that can shed some light on this subject? I also think this is a good subject of discussion.

Some facts we do know about this.

1...It doesn't matter how much you owe. I'm seeing people being taking to court with balances as high as 50k to as low as 1k, this does not seem to be a determing factor.

2..it doesn't seem to matter how much time has transpired before the account was last paid. I've seen people on here get a summons to appear with as little as 90 days from last payment to over 2-3 years.

Tell me if this makes sense:

Chase wrote my account off and sent it to a CA. They did not try to sue me...(yet). Now some folks have been sued by Chase before they sold off the debt. So what could be the difference? My guess, and conclusion is this; I really think it depends on your credit report. On my report I'm showing being late by 30 days on my mortgage for the past 2 months. I'm also showing being 30 days late on a car loan. However, I have accounts with Cap 1 (July will be the first month I skip a payment because I just don't have the money). Ge money bank ( two from GE moneybank...1 with Paypal and another with amazon)...Care credit, Wallmart and 2 car loans. I just got my cred report and it's showing my balances are all maxed out, and have been for the past year. Basically when they see my report they see a guy who's barely keeping it together, and is now starting to crumble one by one..First chase...then late on mortgage (which I should have cleared up after July), now Cap 1, and so on and so forth.

So, I think (just my opinion) that they look at your credit report before making the decision to sue you. Can anyone who's recieved a summons for a debt confirm this? Can some of you litigated folks tell us or post up how bad, or good your credit report looked like?

i think this information would really help people and actually put others at ease. Or I could just be completly wrong and there's just no trend in how the CC's or CA sue, but I find that hard to believe...there has to be some sort of trend to this...


Thanks for listening and thanks for participating. Lets hear from some of you folks litigated against...


I Didn't think there was a magic formular, I'm just wondering if the people being sued, against the folks who haven't been sued, have anything in a common, a certain trend perhaps....

Anyway, I also just looked at me credit report again and it seems as though Chase pulled my credit report June 1st, and they wrote my account off July 1st. So, they definetly look at your credit report still when you owe them money. I don't know if alot of folks even knew that or not. For those trying to just get out of paying, you may want to consider that fact. Also, if you have a good cred report and just owe that one CC, they may be more apt to litigate against you..


Who knows really though


lrhall41

Submitted by mmac on Sun, 07/11/2010 - 10:57

( Posts: 36 | Credits: )


Mac,

Some of what you suggest is certainly a factor.

Some additional things to consider:
Prior to real estate values imploding, your zip code was a factor for attorney placement (still is).
If the creditor has an active attorney relationship in your state or area you may meet the refer for litigation bucket.
Are you employed?
Was there account use behavior that fit a litigation referral criteria?
Do you have creditors that have a reputation for attorney placement? (you do)

Also consider:
A risk management/recovery person may not be who is reviewing files for placement with an assignee, attorney or bundling for sale to a debt buyer. Selection is often done by software.


Mileage may vary


lrhall41

Submitted by on Mon, 07/12/2010 - 06:26

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