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Sued by Chase, Discover or American Express (AMEX)?

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By: Jeff Curl, San Mateo Bankruptcy Attorney

In my recent experience, these three credit card companies seem to sue more quickly than other creditors.  Counsel for Chase mentioned filing something on the order of 5,000 new cases per month.  With such voluminous filings, it is their hope and desire that your will either pay them, or go into denial, bury your head in the sand and not do anything. 

The reason for hoping that you do nothing is that in California, after your are served with a summons and complaint, you have 30 days to respond to the complaint.  If you fail to do so, the creditor can request a default – at that point, the debtor essentially “wins.”  The default permits the creditor/prevailing party to obtain a judgment for damages.  With the default and judgment in its pocket, a prevailing creditor can seek to garnish Continue Reading »

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