QUESTION

What is the timeline once debt has been turned over to an attorney?

Asked on Dec 18th, 2016 on Bankruptcy - Wisconsin
More details to this question:
My debt was recently referred to a debt collection attorney in my state. They sent me a letter saying they had the debt about three weeks ago. How long will I typically have before they sue me? Would it be a good idea to write and tell them I am filing for bankruptcy? I have already completed the first step (pre-filing credit counseling), but I am having major trouble finding a pro bono attorney to help me and I am worried about being sued in the interim.
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5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Some collection attorneys never file lawsuits, some file them automatically. The first issue is whether a lawsuit is worthwhile. If the debt is less than $1,000 or so, few attorneys will bother to file a lawsuit. Second issue, is can they collect. If you own a house and/or make more than $30,000 a year the attorney has a good chance of collecting. Once a lawsuit is filed, it takes at least 3 months to get a judgment, more if you file an answer.
Answered on Feb 15th, 2017 at 6:11 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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There is no typical way for a creditor attorney to act. They might file suit in a month or they might wait a year. As to telling them you are going to file bankruptcy, that statement will not impress them one bit. They hear this and think LIAR. In terms of finding a bankruptcy pro bono attorney, good luck. Bankruptcy typically provides no real help for people whose income is so low that they are eligible for free or reduced services, and why provide a service if it gives the person no real benefit?
Answered on Feb 14th, 2017 at 12:47 PM

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Call Colorado Legal Services to see if you qualify for pro bono legal services. There is no specific time line. Calling them may help if they know you are filing a BK.
Answered on Feb 14th, 2017 at 12:46 PM

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Bankruptcy Attorney serving Salem, OR
Partner at OlsenDaines
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Usually about 60 days. Sometimes if you tell them you are filing a bankruptcy that will make the speed up the process to try to get some garnished funds from you before you file. Sometimes it will do to opposite if they believe you and they will stop collection activity. If you tell them you are going to file a bankruptcy, they will probably ask who your attorney is and when you don't have an answer they will speed up their collection efforts.
Answered on Feb 14th, 2017 at 12:40 PM

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There is no timeline set by law or regulation. Each collection entity sets its own priorities. If the debt is relatively small, they may simply make a threat or two to try to collect, and if that does not work, sell the claim to some other collector. Others may rush into court. There's no way of telling-except the smaller the debt, the more likely the collector will be willing to settle-or even not bother to sue. You can tell them you are filing for bankruptcy. This sometimes holds them off for a while, but every collector knows of phonies who threaten a bankruptcy, but never file. It's hard to find a pro bono BR attorney. But you might find one who is willing to accept payments over time.
Answered on Feb 14th, 2017 at 12:39 PM

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