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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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How long does it take for a credit card company or collections

Customer Question

How long does it take for a credit card company or collections agency to sue you after you stop paying? I have $25,000 on an American Express that I am going to stop paying. I have no assets and I make $36,000 a year. I am going to file bankruptcy in 6-7 months and I want to make sure that I cannot be sued and have my wages garnished before I file chapter 7. Thank you!
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


I cannot give you a specific amount of time as it depends on the creditor.


However, typically a credit card company will not rush to suit. The typical scenario is that they call or write when the payment is first late. About 60-90 days late and they may send it to a collection agency. Usually no suit will be filed for the first 12 months. Again, this is the typical situation I have encountered. In your situation the creditor may file sooner or later than is typical.

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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