I just wanted to say that this is an extremely helpful site and the members that have taken the time out to contributed are truly wonderful.
I posted on here just over a year ago wanting to finally deal with my debts and here I am again having put it off, basically at the same place I started a year ago. But, I am determined to get this done and over with now!
I've pulled my credit report from Experian and Transunion (Equifax wouldn't allow me to see it online and suggested I mail in a request). I found that a state tax lien was filed against me on 02/2008 in San Diego that is from a student loan that I've defaulted on (for just over 4k). The other adverse accounts reported are from credit cards, cell phone bills and a few other minor school loans (which including the state tax lien adds up to around 22k in total debt). I haven't made a payment to any of these since late 2004/early 2005. I understand that the statute of limitations in California is 4 years, so is it right to assume that these debts are technically in the clear?
I've heard that despite debts being passed the SOL, that collectors can still sue and have been known to try and collect on those debts. I'm hoping soon to be moving out-of-state and hopefully won't be living in california anymore... and I really just want a clean start without having to worry any longer about anything creeping back up on me. *(What happens if I move to a state with a longer SOL?)
I noticed on my credit report that my old address in San Diego has been listed as my current address. I haven't lived there in over 3 years, which is probably why I never knew that a state tax lien was being filed against me. If there has a been a suit filed against me for any other debt, I probably have no idea of it either. I haven't received any notices of any kind at my current address in Orange County. I haven't had a job and have been living with my parents. So I have no income, no expenses and no assets to my name whatsoever.
However, my move out-of-state will require me getting a job eventually so that I can pay for rent and whatnot. I'm worried because I've read that state tax liens can lead to wage garnishments which will effect what I can afford as far as a place to live. I don't want to find a place that I can afford, and then suddenly have my wages garnished to where I can't afford living there any longer. Basically, if it weren't for the state tax lien, I might have just left already and let my debts play out however they would considering I'd have the SOL to fall back on.
I've tried looking up information about state tax liens and if it would be removed in a Chapter 7. I can't seem to get any definite answers to my specific case so I figured consulting with some lawyers is my best choice. I've read some tough stories about incompetent lawyers messing up people's bankruptcies and also from personal experience, when my parents filed for bankruptcy their lawyer convinced them to file a chapter 13 instead of a chapter 7 when they qualified for it and could have gotten their debts completely wiped out rather than still having to pay them. I was wondering if any of you in the area had any referrals for quality lawyers or might know a good place to look.
I'd really just be consulting them to make sure that my state tax lien would be wiped out if I filed a Chapter 7 and that filing a Chapter 7 is my best choice overall. I don't have the money to afford hiring a lawyer if I did file, I can barely afford the fees to file a bankruptcy, so I'd be looking to file pro se. I know it can be tedious to file on your own, but I know I have a fairly straightforward case considering I have no assets or income and I don't mind doing tedious work if it will finally get rid of this burden.
If the state tax lien doesn't qualify for the chapter 7, and I have to pay it regardless, should I even file bankruptcy at all? or should I just let them garnish my wages so that the lien eventually gets payed off and just let the other non-secured debts go since they've been for so long?
Or would it be worth it to file a chapter 7 since tax liens remain on your credit for 10 years anyway and that an added bankruptcy wouldn't make it worse than it already is? and that it would take care of having to worry about the other debts.
Am I going about this the right way?
I just want to make sure I do this right because I'm finally ready for a fresh start.
Thanks for taking the time out to read this...
I posted on here just over a year ago wanting to finally deal with my debts and here I am again having put it off, basically at the same place I started a year ago. But, I am determined to get this done and over with now!
I've pulled my credit report from Experian and Transunion (Equifax wouldn't allow me to see it online and suggested I mail in a request). I found that a state tax lien was filed against me on 02/2008 in San Diego that is from a student loan that I've defaulted on (for just over 4k). The other adverse accounts reported are from credit cards, cell phone bills and a few other minor school loans (which including the state tax lien adds up to around 22k in total debt). I haven't made a payment to any of these since late 2004/early 2005. I understand that the statute of limitations in California is 4 years, so is it right to assume that these debts are technically in the clear?
I've heard that despite debts being passed the SOL, that collectors can still sue and have been known to try and collect on those debts. I'm hoping soon to be moving out-of-state and hopefully won't be living in california anymore... and I really just want a clean start without having to worry any longer about anything creeping back up on me. *(What happens if I move to a state with a longer SOL?)
I noticed on my credit report that my old address in San Diego has been listed as my current address. I haven't lived there in over 3 years, which is probably why I never knew that a state tax lien was being filed against me. If there has a been a suit filed against me for any other debt, I probably have no idea of it either. I haven't received any notices of any kind at my current address in Orange County. I haven't had a job and have been living with my parents. So I have no income, no expenses and no assets to my name whatsoever.
However, my move out-of-state will require me getting a job eventually so that I can pay for rent and whatnot. I'm worried because I've read that state tax liens can lead to wage garnishments which will effect what I can afford as far as a place to live. I don't want to find a place that I can afford, and then suddenly have my wages garnished to where I can't afford living there any longer. Basically, if it weren't for the state tax lien, I might have just left already and let my debts play out however they would considering I'd have the SOL to fall back on.
I've tried looking up information about state tax liens and if it would be removed in a Chapter 7. I can't seem to get any definite answers to my specific case so I figured consulting with some lawyers is my best choice. I've read some tough stories about incompetent lawyers messing up people's bankruptcies and also from personal experience, when my parents filed for bankruptcy their lawyer convinced them to file a chapter 13 instead of a chapter 7 when they qualified for it and could have gotten their debts completely wiped out rather than still having to pay them. I was wondering if any of you in the area had any referrals for quality lawyers or might know a good place to look.
I'd really just be consulting them to make sure that my state tax lien would be wiped out if I filed a Chapter 7 and that filing a Chapter 7 is my best choice overall. I don't have the money to afford hiring a lawyer if I did file, I can barely afford the fees to file a bankruptcy, so I'd be looking to file pro se. I know it can be tedious to file on your own, but I know I have a fairly straightforward case considering I have no assets or income and I don't mind doing tedious work if it will finally get rid of this burden.
If the state tax lien doesn't qualify for the chapter 7, and I have to pay it regardless, should I even file bankruptcy at all? or should I just let them garnish my wages so that the lien eventually gets payed off and just let the other non-secured debts go since they've been for so long?
Or would it be worth it to file a chapter 7 since tax liens remain on your credit for 10 years anyway and that an added bankruptcy wouldn't make it worse than it already is? and that it would take care of having to worry about the other debts.
Am I going about this the right way?
I just want to make sure I do this right because I'm finally ready for a fresh start.
Thanks for taking the time out to read this...
Comment