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What should I expect?

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    What should I expect?

    I'm wondering what to expect over the next 6 months. I am waiting to file because my income has dropped (I received a 1 time bonus of about $17K and this boosts my income by $34K annually, which, of course, is not the real deal) and I should be able to do a 7 once my "waiting period" is over. Most of my $90K+ in debt is credit cards (all the big names...Discover, Amex, Citi, BOA) and a few hospital bills. The hospital collection agencies have already been calling 4 times a day, but we just ignore it. Should I expect the same harassment from the cc companies since I have recently stopped paying them? Also worried about harassing calls at work...boss won't think to highly of that.
    I don't have much in the way of assets, but I do have a decent income...should I expect the cc companies to try to garnishee my wages? That's a scary thought...thanks for any opinions/advice.
    Filed Ch 7 - January 29th, 2008
    341 - February 29th, 2008
    Discharge - June 20th, 2008
    Closed - October, 2008

    #2
    Have you spoken to a BK attorney yet for a free initial consultation? State laws vary widely. Creditors can call you at work, but a few states even forbid this is if you notify the creditor you cannopt accept their calls at work. Do this in writing. Debt collectors are another animal. It sounds as if your employer is not very accepting of employees being called at their workplace. That's a tough one.

    How long do you need to wait until your average six-month income is "realistic?" If you speak to an attorney, he/she might have some advice for you to put filing off until you are ready. Do you have an attorney in your area that would take the calls, if you gave creditors his/her name? The attorney might charge you a fee for dealing with your creditors, but at least you can attempt to stop them from calling you. Just some ideas here.

    What are small claims dollar numbers for your state? In many states, amounts exceeding $1000 - $3000 cannot be addressed in small claims. As a result, a lawsuit must be filed, this can take some time.

    You might trying calling the big companies and let them know you are facing some financial issues. Most of them will not even speak of partial payment options until you get 60 - 120 days late. But, you might be a bit proactive. I suppose this can also work against you. There is no way to tell.

    Is there any way you can make minimum payments for a few months?

    The issue of creditors/collectors calling one at work when it is frowned upon by an employer is a tricky situation. If they call, ask them to not call you at work. You migth want to give them your home/cell number and tell them when you are available. This might get them to not call you at work.

    I wish I had a better solution for you, but others will hopefully chime in. In the meantime, protect your job, protect your assets, and protect your paycheck and bank accounts.

    Comment


      #3
      Additional Info

      There are a few steps that a creditor/collector must take to garnish your wages. In general, they must first get a judgment against you (court paper acknowledging you owe the debt and allowing the creditor/collector to seek other avenues of collection or protection such as garnishment (bank account, wages, etc), liens against real property, personal property, etc. What state are you in? There are exemptions against what a creditor/collector can take from you. Google "state name" "collections" "exemptions," etc and see if you can find details for your state.

      You might try the following link:



      Cheers.

      Comment

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