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Desperate... need Advice!

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  • Desperate... need Advice!

    Okay. <deep breath>

    I am SO glad I found this board. Here is my Cliffs not version.

    I have approximately 12-15k in credit card debt. I'm not even sure exactly how much I owe. I recieve SSDI $801 per month. This is my only income. I got a letter from FIA today, letting me they plan to sue me for about 11k. I set up a payment plan with them and the double dipped the second month causes checks to bounce, no fund fees ectra. Up until that point tI felt like maybe just MAYBE I could hold on. Since then Oct 06 I haven't paid them a penny Minus the november automatic withdrawl. I just don't have the money. I have no savings left, well 23 cents in my savings. I have sold everything I can via craigslist, ebay extra and paid as much as I can to creditors.

    I do know from online research I am considered judgement proof. But I have very severe depression on top of a nuerological illness and a genetic disorder. I can not mentally take the phone calls the letters and it literially going to drive me to some kind of psychotic break. It has already made me paranoid. I NEED to file for BK. I can't afford a lawyer and legal aid will not help people who are "judgement proof" in my locale.

    Attorneys want at least 2000usd to help me. I don't have that money, no even in small payments. I will have to go pro se.

    What books should I get?

    Do I even qualify for bankrupcy? Someone told me I don't because I live at my parents home rent free. Honestly, if I could afford to live elswhere I wouldn't be here.

    I would like to get a part time job so I can move out, of at least make ends meet. I am afriad to though, because the money would just be garnished. Hence bankrupcy, I need a clean slate.

    I have no idea how to get started. Please Advise!

    thank you.

  • #2
    Call your local bar association. Most attorneys will take some case without charge. You may also be able to plead poverty and get the BK charges waived.
    If you lived near me I would find you an attorney who would help you.
    Best wishes,
    emoney

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    • #3
      thanks for your reply. i am going to see if maybe some family could help out with the fees. are there any good lawyers in the DC/VA area?

      Comment


      • #4
        Why waste money to file? As you said, you are judgement proof. No one will bother to sue you. Just write to them, tell them you are on SSDI, and you have no other income nor asset. You just can't pay them. Tell them to STOP collecting from you. Tell them you have no income they can garnish and no asset they can seize. Tell them you can't help with the situation and if they insist on harassing you, you will get a lawyer to seek compensation for intentional harm to your medical situation. Put everything in writing. Send it with certified mail.

        Get a caller ID. Never take their calls again. Never read their mails again. IF they are stupid enough to sue, then go to court and tell the judge your situation. You have nothing to worry about.

        Don't waste attorney fee. After they read your letter explaining the situation, they will give up.

        IF you want to hire a lawyer, hire one to sue them for causing your medical harm, if they insist on harassing you AFTER you have told them about your situation.

        You should not have gone into destitute to repay FIA. That is unconscionable.

        You can go to Legal Aid to seek help stopping the collection harassment, eventhough they wouldn't help with filing BK. They are right. There is no need to file BK. It is a waste of money and time.

        The Attorney General's office here advise people who are judgement proof, not to waste money on filing BK. There are other ways to stop collection harassment. In your case, if you write them a letter telling them you only income is SSDI, you can't pay and you are judgement proof, and that they collection effort will aggravate your medical condition, and you WILL sue their companies and them personally for damages, they will leave you alone in a hurry.

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        • #5
          Is there a copy of this letter somewhere to use? I though declaring bankrupcy is the only way to get them to stop harrassing me. Which as I mentioned earlier is really helping deteriorate my mental health. Thank you for your advise.

          Comment


          • #6
            Under the sample letters and forms section is a link to here http://www.debt-n-credit-letters.com/#CreditorDisputes
            On this site is a sample letter. It is under "Debt Dispute Letters" called Judgement proof. You will want to edit the letter to fit your circimstances.
            Filed: 10/26/2006
            Discharged: 03/05/2007
            Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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            • #7
              Here's a copy of a letter I have used a lot of times to get the third-party debt collectors to stop calling me on the telephone. It has worked every time for me, but keep in mind that it will not work on the Original Creditor, because they are not subject to the Fair Debt Collection Practices Act. This will only work on collection agencies, collection attorneys, and junk debt buyers.

              "Today's Date:

              From: (put your name and address here)

              To: (put the name and address of the collection agency, etc. here)

              I dispute the validity of the alleged debt.

              In accordance with the Fair Debt Collection Practices Act, I am hereby notifying you in writing that it is inconvenient for me to receive telephone calls at any time of the day or night and at any location. I demand that you cease and desist from any communication with me by telephone. Please be advised that all future telephone calls will be tape recorded and may be used as evidence against you for any violations of the Fair Debt Collection Practices Act."


              That's all you have to put in your letter to get them to stop calling, in most cases. Like I said, it has worked for me every time I have used it, and I've used it a lot of times with a lot of different collection agencies. You should send the letter by certified mail so that they know you can prove they received it.

              If you want to let them know you are judgment proof, you could also put that in your letter, and let them know that you don't own any real estate property, you are unemployed due to some disability and therefore have no wages to garnish, and that your only source of income is 100% exempt from creditors. In some cases it will make them lose their interest in suing you because they will know that even after they get a judgment against you, they won't be able to collect anything from you.

              However, if they do file a lawsuit against you, I would immediately withdraw all of your money from your checking and savings accounts and stop direct deposit to them. Start getting paper checks mailed to you and cash them instead of depositing them. Eventhough your money is exempt from creditors, that won't stop them from seizing your checking and savings accounts because it is up to you to prove that they are exempt in court, and that will cost you court fees and legal fees if you hire an attorney.

              And as far as some people telling you that don't qualify for bankruptcy because you live rent free at home-- they are wrong. You have no assets and very limited income and therefore should have no problem qualifying for a chapter 7 bankruptcy.
              The world's simplest C & D Letter:
              "I demand that you cease and desist from any communication with me."
              Notice that I never actually mention or acknowledge the debt in my letter.

              Comment


              • #8
                thank you for the letters. i hope it works, but i am still considering bankruptcy. the stress of it is all very bad. i also worry if something happens to my father the little money i will inherit will end up being seized by creditors

                Comment


                • #9
                  Originally posted by bumpy View Post
                  thank you for the letters. i hope it works, but i am still considering bankruptcy. the stress of it is all very bad. i also worry if something happens to my father the little money i will inherit will end up being seized by creditors
                  If you file Ch 7 and your father would pass away within 180 days of the date your case is filed, then your inheritance will be considered an asset of your bankruptcy case. If you are unable to exempt it (by amending your forms) then you need to inform the Trustee of its existence. If the inheritance is worth his/her time and effort, the trustee will most likely take it to give to your creditors. However, to not file just in case this might happen may not be your best choice - be sure to discuss your entire situation with 2-3 experienced bankruptcy lawyers in your area. Most give free initial consultations.

                  Hope your letter works - please come back and let us know what happens, ok?
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

                  Comment


                  • #10
                    "....Since then Oct 06 I haven't paid them a penny Minus the november automatic withdrawl...."

                    Either have the automatic withdrawl rescinded, or stop putting money into that account. Don't let them take money from your anymore. They are NOT entitled to your exempted SSDI.

                    Which state you are in? If you are in a state that allows you to use federal exemption, then, you will have unused homeequity that allows you to protect up to $10,000 of any assets, including inheritance from your dad.

                    Comment


                    • #11
                      i'm in virginia

                      Comment


                      • #12
                        http://www.bankruptcyinformation.com/VA_exemp.htm

                        You can't claim Federal exemption then.

                        Looks like, in Virginia, the unused homestead of $5000, can be used as wildcard to protect any asset. So, if your inheritance, if in cash, is $5000 or less, then you are protected.

                        Of course, you should always check with lawyer to confirm anything you read on the internet. You can get free initial consultation with bk lawyers.

                        Comment


                        • #13
                          Bumpy,

                          I PM you my lawyer for the state of Virginia. He has his own website and is very honest and good. Im waiting discharge in about a week!

                          Good Luck, Catchmeifyoucan
                          July 2006: Filed Ch13 :blink:
                          Oct 2006: Converted to Ch7 :clapping:
                          Jan 2007: DISCHARGED :clapping:
                          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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