Home
Public Forum
Credit Reports
Apply For Cards
Credit Directory
Credit Overview
Credit Problems
Credit News
International
Credit Glossary
Purchase Books
Credit Laws
Business Credit
Merchant Accts
   

Re: Part 2: Assessing likelihood of credit card companies filing lawsuits


[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]

Posted by Stopped Paying (68.106.16.82) on June 28, 2003 at 20:51:55:

In Reply to: Part 2: Assessing likelihood of credit card companies filing lawsuits posted by Armadillo on June 28, 2003 at 16:18:16:

"No good attorney asks a question in court without already knowing the answer"

"No good collection attorney will sue you without already knowing of attachable wages or assets onto which to exercise a judgment"

Likelihood of being sued depends on
1. Ability to serve the debtor. No service, no suit.
2 Availability of a wage to garnish if in a garnishing state.
3. Real property to attach.
4 Absolute number of accounts and total debt currenty in default.

The last is expremely important and counter intuitive. You are MORE likely to be sued if you have one default of $5000 than twenty defaults of $5000. Nobody will let a $5000 debt spiral into bankruptcy, and they use the leverage of a lawsuit to force settlement. Now if you have multiple accounts and a HUGE debt that you've defaulted on, they know the likelihood of a formal bankruptcy wiping everything out is dramatically increased should they file on you (they can see your total credit debt by looking at your credit report) You see, if they sue you, you will go to an attorney who will look over your entire situation and say, gee, you'd be well advised to just BK this whole thing. None wants to be the first to spend a thousand dollars suing you and having you wipe it all out in a BK.

Law suits cost them money.
Money is all they are after, and they don't like to spend money on lawsuits without any hope other than a worthless default judgment pushing someone into formal bankruptcy. Many times, they are content to just wait it out for years, always looking to find something to attach. If they ever do find something to attach and are within SOL, you can be assured they WILL sue at that time. During this time, the debtor is allowed ample opportunity to legally convert non-exempt assets into exempt ones.


Follow Ups:



Post a Followup

Name:
E-Mail:

Subject:

Comments:

Optional Link URL:
Link Title:


[ Follow Ups ]   [ Post Followup ]   [ Credit Forum Index ]

 

    Top Of Page

  

Copyright © 1999-2003 Enkephalos Web Design