lurkerbee1

FYI Centex - I DID give them my attorney information. It still didn't work. They knew I had a bankruptcy attorney and still filed against me anyway. That will NOT stop them anymore. They are very aggressive these days.

To late, toopooor. It's past the 20 days to respond. Any minute now they are going to make a motion to get the default judgment. It could be any day now. As far as not liking my attorney, the things she has done/not done are too many to go into here. I guess what I'm asking is, should I change attorneys now, even though it's crunch time, or go with someone I don't like and/or trust. It would only be a difference of another two months, and any money that gets garnished would have to be returned to me after I file bk. FYI toopooor. Telling the attorneys for OC's that you are filing doesn't always work. In my case it didn't at all. Sometimes it will make them file against you even FASTER. They want the fees from the OC. They don't care whether it's a waste of time or not. They will still get paid by the OC.

I know this should probably be in the bankruptcy forum, but I need to get an answer preferably in the next 24 hours. I've been having problems with my bk attorney. My gut is telling me to get out now, even though I have already paid her a small part of the retainer. Also, I am at a crucial time in the process, as I am about to get a couple of judgments against me. Do I go ahead and file now, with an attorney I don't like and don't trust, and just eat my mistake, OR, do I let the judgments come, and wait a couple of months to file (that's when I can afford to pay off a new attorney). What do you guys think? I made a terrible mistake retaining this attorney. I had a feeling I wanted out in the beginning, and now it's crunch time and I still want out, even though it may hurt me more with the judgments, etc. Help me!!!

In terms of the threshold for legal action, I have been stunned at how fast I have been threatened with legal action, and/or had my accounts turned over to "law firms". I have under ten creditors and have only been in default for less than six months, and MOST of them are hot on my tail. I'm really jealous of the people on these boards who have managed to last for years without this kind of trouble, and some of them have hundreds of thousands of dollars more debt...I just don't get it at all.

They responded to the DV...boy did they ever. They send me huge envelopes with my entire history on my accounts. I think it's been said that Cap One is really good about maintaining records, so that's not the problem. The problem is, I think they deliberately misunderstand the wording in the DV as an excuse to sue you faster. Jeffmo, I had several accounts with them. The total is around $3,000 or so on all. I don't have the letter in front of me, but I believe I send the DV to some CA in Texas? I'll have to double check on that one.

Just a head's up. I sent the CA a DV for my account and gave them the standard "only communicate by mail." When Cap One responded to the DV with my account materials, they responded that they would respect my request for "NO CONTACT" at all, which is not what I said. Anyhoo, I believe they have used that as an excuse to come after me vigorously, as I believe they are now trying to sue me. So if you send DV's for these guys, I guess I would put that part of the DV in bold font, and make sure you check the response when you get it. Because if they decide you want NO CONTACT, they will probably just sue you fairly quickly, which I think was their intent. Just my two cents.

dd50, from all the reading I've done on this and other boards, I think some creditors will check out your assets well before filing suit to see whether it's worth their time to even bother. If they can't find an employer or a house or a car to go after, there's really no point in going after someone. I would think it would cost them too much money, when in the end they know you will probably just turn around and file bk anyway. It's a crap shoot all the way around.

Update: Yep, it was an asset search. Apparently not uncommon around these parts for the DOL inquiry. The only thing is, the DOL in my state is required to notify you, so you will know if someone is sniffing around. Good news is my attorney has notified them I have retained counsel, so bye bye to them.

Hi Jen...they don't know yet. But they are going to find out soon. And they can dream on with asset searches and whatever. There's nothing there to take. My attorney actually confirmed with me today that what they are doing is looking for assets, so... BRING IT.... Good luck peeps -

Nope. If I had money to settle, I wouldn't be filing bk. I'm guessing this must be part of an asset search. Or possibly a scare tactic, as they would know that by state law the State would inform me that they were looking at my records. I've just never seen this discussed before, but I can't be the only one this has happened to.

I own the car outright, Kevin. They are coming after me for CC debt. I have years before the SOL runs out. I have retained a bk attorney at this point.

I posted this in the bk forum yesterday, but am posting in this forum for more responses... I got a notice from the Dept. of Licensing today. Apparently under our state laws, they have a requirement to send you a notice when someone has requested your records from the DOL. The name on the notice was a local law firm. As it turns out, it was a law firm coming after me on behalf of Discover. I got a dunning letter at the same time I got the letter from the State. I have never seen this before on these Boards. Are they looking for the value of my car or what? Tickets? I don't get it. Even my attorney was perplexed. The only other information on the notice was my VIN number, plate number, name and address. Has anyone had this happen?

Thanks Why Chat...That helps clarify things. I think that where things are becoming confusing is that with regard to CONSUMER debt, there are differing opinions (with the local attorneys I have spoken to), as to whether our STATE SOL is 3 years, 6 years, or individual as to CC's. I believe that's where the confusion is. It is hard to understand that every attorney has a different answer to this quesiton, as I would have thought if they are dealing with consumer debt on a daily basis there would be some consensus on this. Stupid me.

Thanks, radi. My head is spinning. There are so many opinions on this issue. In my case, it doesn't really matter, but it is interesting that there does not appear to be a definitive answer. Even the attorneys have different opinions. In my previous thread on this issue, there were those who believed it was 3 years, those that believed it was 6 years, and now I'm hearing that it's individual to each credit card.

WA