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my situation: opinions and perspective, please?

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    my situation: opinions and perspective, please?

    Recently I started receiving letters from bankruptcy lawyers urging me to get a consultation with them about filing bankruptcy. I noticed that a lawsuit has been filed against me from these letters by a collection agency wanting to collect on a credit card debt worth approximately $6k. I have not received any other notification of the court case in the mail that I'm aware of. I do not have a phone so I can't have received any calls on the matter.

    I'm pretty lost here. I have absolutely NO money and have not had a job for the last four/five years because I haven't had a car. I'm 26 and live with my family as a dependent but they're not financially well off themselves so they are unable to help me with anything, whether it's getting me a cheap used car in order to get a job or to help me go back to college. I've also been severely depressed as a result but have not been to the doctor because I simply can't afford to get an appointment or pay for medication. I don't own anything, I only use things other people own, like my brother's computer for example.

    I have two other debts, the first being a $300ish unpaid phone bill from 2002 and the other is a student loan with approx. $5k left on it that my mother had co-signed, and she pays for that every month (the monthly is $60) but she is frequently late on that as well.

    I do currently have a bank account (joint checking/savings) but my balances are usually less than $5 (with $5 in savings) and I tend only to use it for online purchases that are less than $30, but these are few and far between.

    So I'm a little lost as to what to do here. I can't possible pay for a lawyer, or even muster up the filing fee, and my family would be unable to help pay as well. I don't know what to do about the upcoming lawsuit, I don't even know when it is or where to go or what will happen. This i s a little overwhelming and I'm not sure where to start sorting out this mess.

    #2
    For one thing, stop worrying. You own nothing so there is nothing for them to take should they win the judgment.

    You don't necessarily NEED to file bankruptcy. They can get their judgment and when they attempt to collect they will find you have nothing to offer them.

    I find it strange that you are receiving unsolicited letters from attorneys encouraging you to file for bankruptcy. Strange. I would ignore those letters. If you make the decision in the future to file, go meet with a few different attorneys to ask some questions and feel them out. I would steer clear of the ones sending you letters.

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      #3
      Originally posted by curlysue View Post
      Recently I started receiving letters from bankruptcy lawyers urging me to get a consultation with them about filing bankruptcy. I noticed that a lawsuit has been filed against me from these letters by a collection agency wanting to collect on a credit card debt worth approximately $6k. I have not received any other notification of the court case in the mail that I'm aware of. I do not have a phone so I can't have received any calls on the matter.

      I'm pretty lost here. I have absolutely NO money and have not had a job for the last four/five years because I haven't had a car. I'm 26 and live with my family as a dependent but they're not financially well off themselves so they are unable to help me with anything, whether it's getting me a cheap used car in order to get a job or to help me go back to college. I've also been severely depressed as a result but have not been to the doctor because I simply can't afford to get an appointment or pay for medication. I don't own anything, I only use things other people own, like my brother's computer for example.

      I have two other debts, the first being a $300ish unpaid phone bill from 2002 and the other is a student loan with approx. $5k left on it that my mother had co-signed, and she pays for that every month (the monthly is $60) but she is frequently late on that as well.

      I do currently have a bank account (joint checking/savings) but my balances are usually less than $5 (with $5 in savings) and I tend only to use it for online purchases that are less than $30, but these are few and far between.

      So I'm a little lost as to what to do here. I can't possible pay for a lawyer, or even muster up the filing fee, and my family would be unable to help pay as well. I don't know what to do about the upcoming lawsuit, I don't even know when it is or where to go or what will happen. This i s a little overwhelming and I'm not sure where to start sorting out this mess.
      Since you don't have hardly any debt I would not go the bk route. I would try to take the bus until you get enough money to get a car, either that or take the bus until you pay off your debts and then get the car. It does not seem that you need to file bk, in my opinion.

      Good Luck!

      Comment


        #4
        Originally posted by okiemom2008 View Post
        Since you don't have hardly any debt I would not go the bk route. I would try to take the bus until you get enough money to get a car, either that or take the bus until you pay off your debts and then get the car. It does not seem that you need to file bk, in my opinion.
        I live in a small town that doesn't have public transportation, and walking to a job in town would take 45 minutes to an hour one way. I wouldn't mind doing this if there were jobs available, but I have applied to many without any luck. I also don't have a phone (nor do we have a "house" phone) so it is tough to get callbacks for interviews without one.

        Also, I was wondering... should I close my bank account? I don't really use it and my balances are so low most of the time anyway.

        Comment


          #5
          That would be up to you. From what you have said, they haven't obtained a judgment as of yet. I would just wait and see what happens.

          Comment


            #6
            Originally posted by Tbornetun View Post
            That would be up to you. From what you have said, they haven't obtained a judgment as of yet. I would just wait and see what happens.
            Should I try and find out when the court date is and go? Will I be asked to speak? If I get a job later on will they take me back to court to garnish my wages? If they do get a judgement what happens if they can't take anything and sell it to pay off the debt? Will the debt be settled then or will they keep checking up on me to see if I have assets?

            Comment


              #7
              Originally posted by curlysue View Post
              Recently I started receiving letters from bankruptcy lawyers urging me to get a consultation with them about filing bankruptcy. I noticed that a lawsuit has been filed against me from these letters by a collection agency wanting to collect on a credit card debt worth approximately $6k. I have not received any other notification of the court case in the mail that I'm aware of. I do not have a phone so I can't have received any calls on the matter.(Big snip)

              I am assuming there are some law firms in your area that look for collection lawsuits that are filed and send out letters to those defendants hoping to drum up some BK business to avoid judgments. Everyone is out to make a buck anyway they can. As to your situation...have you looked into receiving public assistance and help from the state in obtaining a job? There are places/agencies that can help you.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                $6000 on CC plus $300 on phone---Is the student loan private, or federally-backed? If it's federal, you can't discharge it in BK. So that would leave $6300 to file on. Doesn't seem worth it to me.

                Comment


                  #9
                  Originally posted by GreenInkOnPaper View Post
                  $6000 on CC plus $300 on phone---Is the student loan private, or federally-backed? If it's federal, you can't discharge it in BK. So that would leave $6300 to file on. Doesn't seem worth it to me.
                  The student loan is private.

                  Comment


                    #10
                    Ok, so $11,300 in debt. If you got a job at McDonalds and made $250 a week, you could pay off everything in 1 year. $250 X 52= $13,000 m/l.

                    Comment


                      #11
                      just a thought

                      Not to be critical, but you have access to the internet...so a possible employer CAN contact you....chin up. I am sure you can find a job...don't let the debt's or the bk letters be the focus of your life...

                      Comment


                        #12
                        Originally posted by GreenInkOnPaper View Post
                        $6000 on CC plus $300 on phone---Is the student loan private, or federally-backed? If it's federal, you can't discharge it in BK. So that would leave $6300 to file on. Doesn't seem worth it to me.
                        If the loan is private you can file bk on it? I have a 6300 private loan with AES. But then again a family member co-signed it so I probably could not discharge it.

                        Comment


                          #13
                          Get a job! If you are living off of your family and have no other bills to pay then you should get those paid off right away!

                          Comment


                            #14
                            Originally posted by dogbone33 View Post
                            Get a job! If you are living off of your family and have no other bills to pay then you should get those paid off right away!
                            Wow, what a helpful comment. I live in a small town with no car, and would have to walk 45 minutes one way to even get to the nearest place of business. If you think that I have been sitting on my ass enjoying myself with no car, no money and no opportunities, you're wrong.

                            Comment

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