When you can't afford retainer/filing fees

[lindsay2181]

If you honestly can't afford retainer fees or filing fees...what are your options? I think we will *probably* have enough when we get our tax return at the beginning of the year but if we want to do something sooner than that, what should I look into? Legal aide? Is there a way to get help without having to pay $1000 or more? Right now we have $12 cash, and payday is Wednesday but that check won't even cover utilities and mortgage.....it's like this EVERY payday unfortunately so I don't know how to save up for these fees.

[justbroke]

You can ask the Clerk's office if there's a Pro Bono legal service in your area. Sometimes they charge a nominal fee. You may also look to actually stop paying your credit cards (and other bills). This is where a good number of debtors "find" the money to file!

Generally speaking, I found that Legal Aide doesn't help unless it's a criminal case. Weird huh?

[lindsay2181]

We have already stopped paying 6 months ago! We were struggling to pay back then, and then we had a reduction in income so we quit paying altogether. There isn't really anything we can cut back on or stop paying to save that money. I mean, we have internet and that is a luxury I guess, but shutting it off would save us only $14.99 a month.

[justbroke]

We have already stopped paying 6 months ago! We were struggling to pay back then, and then we had a reduction in income so we quit paying altogether. There isn't really anything we can cut back on or stop paying to save that money. I mean, we have internet and that is a luxury I guess, but shutting it off would save us only $14.99 a month.

You are making mortgage payments. Do you intend to keep your home? What Chapter of Bankruptcy are you going to file under (7, 13)? Are you behind on mortgage payments? Are you paying any credit card right now?

For example, if you're not keeping your home, then why are you making mortgage payments? If you're underwater on your home... then why would you keep it?

These are questions an attorney consultation can help you with. There's no magic answer for everyone. Your specific financial condition and what you want to do with your home, will dictate where you go from here.

[lindsay2181]

We are not behind on mortgage payments. It's in my mother-in-law's name, we pay her...so we could actually call it "rent" paid to her. We pay her $500/month which she in turn, pays the bank. So, yeah, I'm hoping we can keep our home. It's just a mobile home, she helped us out by getting in her name after we lost our rental house last year.

No, we are not paying any cc bills.

eta: Got a pm suggesting Pro Se. I am pretty much clueless lol....so any advice is welcome!

[justbroke]

Looks like some sort of pro bono (legal aid) type help is what you need. I don't see where you're going to be able to afford anything more. Unless you're really making like $4K a month and spending it on other things.

You could file pro se, but unless you're really meticulous and diligent, I can't recommend that route.

[lindsay2181]

$4k in my dreams lol! we are a one income family of 4, soon to be 5, and my husband's take home pay is $1500/month. he pays child support and was actually court ordered to pay private school tuition for his daughter, but we OBVIOUSLY cannot afford that, so his parents are paying for now. We don't live any kind of luxurious lifestyle--living in a trailer park and selling to the pawn shop for grocery money, buying the kids' clothes secondhand, I make my own laundry detergent, we don't get haircuts, don't go out to eat, etc.

So pro bono...I will look into that. All this is a bit intimdating to me, but not moreso than those people on the other end of the phone!

Thanks!

[EbbTide]

I hope you have been in contact with your County Social Services department who can assist you with the various programs available (Food Stamps, etc). In my county there is an additional food program called WIC for expectant mothers.. in addition to food stamps.

[lindsay2181]

EbbTide, I do currently have WIC. We had food stamps for a short time but my husband got $1/raise and we were no longer eligible. I'm pregnant now and believe we MAY be eligible when the baby is born, but by that time I will be going back to work and our income will increase so we will not be eligible again.

[Flamingo]

A source of funds for your retainer/filing fee is your family or friends if they are able to help. They can directly pay the attorney or lend you the money to pay them back at a later time. If you are able to do this, please mention it to your attorney. It is an option.

[keepmine]

Why the rush to file? It doesn't sound like you have anything anyone can take.
For sure, don't file until the baby is born and any unexpected expenses can be included in the bk.
Also, your husband needs to be doing some serious job hunting for a better job or a 2nd job or some pt work. Bk or not, you can't support a large family on $1500/month.
I'd suggest putting the bk on the backburner until your finances are more stable.

[EbbTide]

Since you are not working, I'd also have your husband increase his withholding allowances at work to give you a little more take-home.

[lindsay2181]

Flamingo, as I've posted in my other threads, we are pretty much 'borrowed out' with our families. They have helped us on numerous occasions, and recently, and I don't feel we can ask them for such a big chunk at once, at this point.

Well, I guess the rush is, I'm scared of someone taking this 'further legal action' they keep threatening me with. I don't really do well under pressure and these phone calls and letters get me all worked up.

This is the 3rd and best paying job my husband my husband has had in 3 years...he is always looking for a better opportunity and his company is providing him with some training that will increase his salary in about 2-3 years from now, so he is trying to stick with them until he completes the courses. Work in this area is pretty much oilfield, which is all limited and in danger right now. Seems everyone is talking about the economy is improving everywhere, but down here in south LA it is not as evident (yet). We would be doing "okay" on $1500 after BK, b/c we have learned to live frugally. And then of course, I'll be able to return to work later down the road.

EbbTide good point about increasing withholdings...for some reason he screwed up his w4 and we got a much smaller return than we were expecting last year, so he went and kind of "over-corrected" for this year making his take home pay about $100 less per check even after getting a raise. So I could try and see if we could change that back and see some immediate relief. Thanks!

[keepmine]

Well, I guess the rush is, I'm scared of someone taking this 'further legal action' they keep threatening me with. I don't really do well under pressure and these phone calls and letters get me all worked up.

Oh for heavens sake! What pressure? Millions of people a day get those threats. Again, you have nothing anyone can take. File this bk on your terms-not because a faceless debt collector initimated you into a premature filing.

[EbbTide]

If your Federal return has been over $300 or so, you are still having too much withheld. You are giving the Feds interest free loans.