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    Everything is so bad

    I am really struggling to keep my chin up. I cry all the time.

    Just checked my bank account and I am negative with overdraft fees cuz a creditor took money out that I did not authorize. I am late on my car and another creditor will sue me if I do not give them money by friday. I have nothing yet to pay for lawyer and not to mention I am in PAYDAY loan HELL.


    It is hard to go on at times. I feel like a loser and am sick of all my money going to late bills and never getting caught up. You all say to stop paying and save for chapter 7 but how!?

    On top of all this..my car needs inspection and I have no money. I need to renew my registration but I have no money. I just found out I will Owe over 1000 in fed taxes too. I am screwed!!!! I hate life!!

    #2
    Okay do you do direct deposit or get a paper check.

    Now on the creditor who took money from the account was the debt with the same institution. Like say you had your checking account at the same place you had a credit card debt you didn't pay. They could have seized it legally that way.

    If however it was someone else go into the bank and dispute the withdrawal. Ask to see where you authorized the vendor to take out money if necessary. Then ask the money to be put back into your account.

    Next if you are doing direct deposits stop. Get a paper check if you can. Go and open a new account using the next paycheck that is not affiliated with the current bank and that you owe no debt to.

    Even if they sued you Friday it would be months before anything happened. Hmm seems like I had one threaten to sue me for a year before anything really happened. It would depend on the laws in your state but they'd have to go to court to get a judgment that you owed the debt. Filing alone can take months then after your served you get a month to reply. Once they have the judgment that's still not enough to collect in most states. They'd have to go back and ask the court for disposition of your circumstances, and then to garnish bank and/or wages. Them threatening you is to make you fearful.

    Stop getting Pay Day loans, and as I mentioned above make sure to get a paper check and open a new account. Do not pay any bills from this account. Try to pay them with money orders bought at the bank or post office. (maybe even from wal mart). Pay Day loans can also be discharged in a bankruptcy.

    I was riding with my brother during Christmas week. His car doesn't have a rear view mirror, inspection ran out 6 months ago, and I pointed it out to him. They just changed the laws here in NC to renew your tag now you have to have an up to date inspection.

    The creditors that call and harass you are trained to do just that in hopes that they break you and you send something anything. Don't give into them.

    Try to read scriptures of whatever faith you belong to and pray in accordance to its teachings even if you haven't been active in it for some time. It can help fill that fear and self loathing and help you get through this time.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      You should make a decision to stop feeling this way and look at things differently. Tell the bank the creditor took out the funds without your consent and get the money back. Creditors lie all the time about not getting payment by such and such date, or they are going to sue you. It takes a while to get sued, you probably have time. Even if you get served, you will have time.

      You can file pro se (without an attorney) and even have the filing fees waved under certain circumstances. Go to the courthouse and ask.

      You can file an extension on your taxes until October I believe. You will have to check into that as well.

      You need to cut expenses as best you can. Pick up cans if you have to, to get registration fees. Come on, get serious and stop feeling this way, it's not helping. Life is hard sometimes and will beat you down. Get back up and fight, and use your head. It will not always be this way.

      Comment


        #4
        I have to direct deposit my checks due to my job. They do not issue paper checks. I need to find a new bank I guess.

        I know I need to use my head. Sometimes the stress gets so bad that I cannot think clearly at all. I would need to stop paying everything to save for the chpter 7 and then if they take my car I will lose my job. They prob will take my car since I have the loan with a credit union. Then I will have no job.

        Ahh stress. I wish I could go back in time and stop myself from all these bad choices. I will be living with these choices forever now!

        Comment


          #5
          Originally posted by JRScott View Post
          Okay do you do direct deposit or get a paper check.

          Now on the creditor who took money from the account was the debt with the same institution. Like say you had your checking account at the same place you had a credit card debt you didn't pay. They could have seized it legally that way.

          If however it was someone else go into the bank and dispute the withdrawal. Ask to see where you authorized the vendor to take out money if necessary. Then ask the money to be put back into your account.

          Next if you are doing direct deposits stop. Get a paper check if you can. Go and open a new account using the next paycheck that is not affiliated with the current bank and that you owe no debt to.






          Even if they sued you Friday it would be months before anything happened. Hmm seems like I had one threaten to sue me for a year before anything really happened. It would depend on the laws in your state but they'd have to go to court to get a judgment that you owed the debt. Filing alone can take months then after your served you get a month to reply. Once they have the judgment that's still not enough to collect in most states. They'd have to go back and ask the court for disposition of your circumstances, and then to garnish bank and/or wages. Them threatening you is to make you fearful.

          Stop getting Pay Day loans, and as I mentioned above make sure to get a paper check and open a new account. Do not pay any bills from this account. Try to pay them with money orders bought at the bank or post office. (maybe even from wal mart). Pay Day loans can also be discharged in a bankruptcy.

          I was riding with my brother during Christmas week. His car doesn't have a rear view mirror, inspection ran out 6 months ago, and I pointed it out to him. They just changed the laws here in NC to renew your tag now you have to have an up to date inspection.

          The creditors that call and harass you are trained to do just that in hopes that they break you and you send something anything. Don't give into them.

          Try to read scriptures of whatever faith you belong to and pray in accordance to its teachings even if you haven't been active in it for some time. It can help fill that fear and self loathing and help you get through this time.

          Well the creditor who will sue if I do not give money is Citi Financial. They sue in local small claims courts to get it done faster. They are evil and that is how they roll. I have to pay them or else I will be sued by next week. They move fast. Just google it!

          Comment


            #6
            I have not paid on my Citi Financial loan (about 15K) since October. Nothing about suing me yet. They called a few times and I finally referred them to a lawyer I retained and nothing so far.

            Comment


              #7
              On that account that will sue you if you haven't paid by Friday? Don't worry about it. Just because they file the danged lawsuit means nothing. It takes many moons to get that thing in front of a judge/jury. By that time you'll be ready to file your bankruptcy and they will be out filing fees, serving you fees and paying the lawyers fees... You will be out? Nada... a bit of time to send a canned answer letter.

              I've got one creditor and two junk debt buyer lawsuits pending. One filed Nov 2007, one Feb 2008 and one Jun 2008. None of the three have graced a courtroom or have even made the calendar.

              Comment


                #8
                I understand.
                There were times I could not get to job sites because I did not not have a single dime to put the gas in the car or even pay for the parking (it was a pay lot).

                See what you can do.
                These are some things I did: (a) I waited until I got shut-off notices from utilites and then only paid the minimum due to keep the lights/telephone on. (b) collect all the change from your little change jars (c) return anything in the pantry to the supermarket (d) sell something of value on eBay (e) try to get as much exercise as you can, walk, run, calistenics

                I understand: the stress of this event is just terrible. Please come back to this thread often for support.
                Much thanks for all the support and information I receive on this forum.
                Chapter 7 filed 11/21/2008
                341 Meeting 01/05/2009
                Discharged 03/06/2009

                Comment


                  #9
                  Originally posted by inpain66 View Post
                  I have to direct deposit my checks due to my job. They do not issue paper checks. I need to find a new bank I guess.

                  I know I need to use my head. Sometimes the stress gets so bad that I cannot think clearly at all. I would need to stop paying everything to save for the chpter 7 and then if they take my car I will lose my job. They prob will take my car since I have the loan with a credit union. Then I will have no job.

                  Ahh stress. I wish I could go back in time and stop myself from all these bad choices. I will be living with these choices forever now!
                  is there anyone that will lend you the money for the attorney? Once you can file- it seems that you would be okay. Even offer to sign a notorized agreement- maybe with a weekly payment plan to them- starting after you file? I personally don't have any family to go to, but even friends; if you have a few that could help out with a couple hundred- it adds up you know?
                  Filed Pro Se: 10/16/2009
                  341 Scheduled: 11/23/2009
                  Last Day for Objections: 1/22/2010
                  Discharged: 1/28/2010

                  Comment


                    #10
                    I would suggest finding a new bank asap. Next, once you make the decision to file stop paying on the debt you would like discharged. Then save the money for a good lawyer and let him take over a good part of your stress.

                    And lastly, take a deep breath! It's only money and it's not worth risking your health and mental stability over. You will get through this and you will be a better person because of it. Hang in there.

                    Comment


                      #11
                      I'm there too. It is bad. I'm 41 with 3 kids and can't believe we are in this situation. My husband caused this problem with his business venture. He PROMISED me it would succeed and I trusted him. Well, I don't think I'm going to divorce my husband over this. But, I just want it to be over, and it will not be over for some time. And the thought of this BK on my own credit report for 10 f&#* years, through no fault of my own, is sometimes paralyzing. Well, there also is the house in another state issue... I think the thing is to just keep putting one foot in front of the other. Go to the doctor and get some medication to help you through this hard time. That's what I did and it does help a little. Just do it, keep moving forward, and look for the light at the end of the tunnel. The people here and this forum help to show you that light is there. You're not alone.

                      Comment


                        #12
                        Originally posted by GoodKarma View Post
                        I'm there too. It is bad. I'm 41 with 3 kids and can't believe we are in this situation. My husband caused this problem with his business venture. He PROMISED me it would succeed and I trusted him. Well, I don't think I'm going to divorce my husband over this. But, I just want it to be over, and it will not be over for some time. And the thought of this BK on my own credit report for 10 f&#* years, through no fault of my own, is sometimes paralyzing. Well, there also is the house in another state issue... I think the thing is to just keep putting one foot in front of the other. Go to the doctor and get some medication to help you through this hard time. That's what I did and it does help a little. Just do it, keep moving forward, and look for the light at the end of the tunnel. The people here and this forum help to show you that light is there. You're not alone.
                        do you mind if i ask? was your husband trying to make a better life for you?
                        Chapter 7 07/30/2008
                        341 09/17/2008
                        Discharge 11/21/2008

                        Comment


                          #13
                          Originally posted by inpain66 View Post
                          Well the creditor who will sue if I do not give money is Citi Financial. They sue in local small claims courts to get it done faster. They are evil and that is how they roll. I have to pay them or else I will be sued by next week. They move fast. Just google it!
                          Don't worry about it.

                          They've got you in panic mode just where they want you. That's how you've gotten in trouble with pay day loans etc.

                          You don't have the money, even if they sued you you have no means to pay. Basically they'd be wasting your time and theirs based on what you say here.

                          Let's say they did file a case in small claims against you this friday. Depending on state you wouldn't have a court date for 30-60 days. Then on top of that depending on state you could have as much as 6 months to pay it.

                          You're in really bad shape, I'd got speak to some bk lawyers in your area. Perhaps check to see if Legal Aid has a lawyer in your area that might work pro bono.

                          So try not to get worried about it, whatever happens in small claims court can be vacated in bk court. In addition the debt to the IRS would be a priority debt whereas citifinancial would not.....
                          May 31st, 2007: Petition Filed by my lawyer
                          July 2nd, 2007: 341 Meeting Held
                          September 4th, 2007: Discharged and Closed.

                          Comment


                            #14
                            I am new here also and learning the ropes. I hope to file in March when I have everything ready.

                            My advice is to go to an attorney who will give you a free evaluation. Many of them will see you the first time for free. Let them look at your situation, income, debt, options etc. and advise you what to do.

                            Right now you are in panic mode, been there done that, it is not fun. But once you get some real legal advice from a professional who can look at your situation objectively, you will feel alot better.

                            And also, try to look at some of the positives....you have a job, you recognize the problem, and you are going to start working on it and improve your future. This too shall pass.

                            Hang in there and go see an attorney who specializes in BK. They are trained to handle situations such as yours.

                            D....

                            Comment


                              #15
                              I panicked and paid them. This will keep them from suing me for at least another few months I figure.

                              I am just tying to stay positive but it is hard. I know things are going to get worse before they will get better.

                              I do have a lawyer picked out but perhaps I should see a few more just in case.

                              Thank god for this board

                              Comment

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