How Soon Will a Creditor Sue You After You Default on Your Debts

My question involves collection proceedings in the State of: Washington State

I am currently in a bind. I have around $85,000 of credit card debt which includes an unsecured loan.

I am struggling to pay these debt and my wife is now pregnant and had to stop working.

If I decide to stop paying on these debts, what is that average time a creditor would start to sue?

I know legally they could sue if it is only 1 day late, but what amount of time is usually typical?

Unsecured Loan: 21,000

Card 1: $25,000
Card 2: $19,000
Card 3: $12,000
Card 4: $2,000
Card 5: $1,200

I'll just skip straight to the meat, if you don't mind.

You're drowning in debt. Have you considered bankruptcy?

Yes, I have consulted already, but its all about timing. I am just looking for an answer for the above.

Agreed, I am drowning in debt.

There isn't really a typical time period. Every credit issuer has guidelines they go by. I would think they wouldn't sue until at least 30-60 days after you default. Have you called any of them to discuss payment terms?

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Quoting elidoe

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Yes, I have consulted already, but its all about timing. I am just looking for an answer for the above.

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Those kinds of creditors generally send the delinquent accounts to collection agencies after a few months. Collection agencies don't like to spend money to get money so they could hound you for years before you get sued.

As for the timing of bankruptcy, as soon as you stop paying on all those debts you should be able to accumulate the lawyer fee and court fee pretty quickly.

Once you've decided to file bankruptcy there's no sense continuing to pay.

Thank you. My catch 22 is, my wife wont be delivering for about 8 month from now...so should I stop paying and try to hold off creditors incase we have unexpected medical bills?

Thank you

Conceived a child while $85,000 in debt?

How utterly irresponsible of you.

We are getting old and want a child. It will be too late if we wait.

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Quoting elidoe

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We are getting old and want a child. It will be too late if we wait.

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I just had to quote this for posterity.

And because I had to re-read it myself a few times.

And a few more.

Because ... well, because.

It was not planned though.

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Quoting elidoe

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It was not planned though.

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Still irresponsible and there are means of birth control that are 100% although most are not quite as sure.


So, are you going to name the child Brian Keith [last name], you know so the initials will be BK [last name]. I can see it now. The nurses will call him BK baby.

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Quoting elidoe

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My question involves collection proceedings in the State of: Washington State

I am currently in a bind. I have around $85,000 of credit card debt which includes an unsecured loan.

I am struggling to pay these debt and my wife is now pregnant and had to stop working.

If I decide to stop paying on these debts, what is that average time a creditor would start to sue?

I know legally they could sue if it is only 1 day late, but what amount of time is usually typical?

Unsecured Loan: 21,000

Card 1: $25,000
Card 2: $19,000
Card 3: $12,000
Card 4: $2,000
Card 5: $1,200

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I disagree a bit with a previous response that you received. How soon a creditor will sue has a great deal to do with how high the balance is.

I suspect that Card 1 and Card 2 would sue you quite quickly...Those balances are high enough that they are not going to play around with it. Card 3 is unpredictable, it could be quickly, it might not be. Cards 4 and 5 would get sent to collections and you might not get sued for years.

I have no idea what your annual income is, or what your net worth is, but it would behoove you to consult with both a bankruptcy attorney and a creditor counselor to get the clearest possible picture of your options.

These debts were racked up due to much depression and bills over the death of our last child. Not an excuse, but now I want to get things right.

Here is some more info:

Unsecured Loan: 21,000 - USAA
Card 1: $25,000 - CHASE
Card 2: $19,000 - DISCOVER
Card 3: $12,000 - DISCOVER
Card 4: $2,000 - CAPITAL ONE
Card 5: $1,200 - AMEX

I make roughly $74,000 a year and have a wife and daughter.

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Quoting elidoe

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These debts were racked up due to much depression and bills over the death of our last child. Not an excuse, but now I want to get things right.

Here is some more info:

Unsecured Loan: 21,000 - USAA
Card 1: $25,000 - CHASE
Card 2: $19,000 - DISCOVER
Card 3: $12,000 - DISCOVER
Card 4: $2,000 - CAPITAL ONE
Card 5: $1,200 - AMEX

I make roughly $74,000 a year and have a wife and daughter.

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Clearly your only option is bankruptcy.