need some help

[havetodecide]

A law firm from Massachusetts (i am in Florida) just left me a message asking to call them back and i know it is related with me not payment whatever card hired their services. Does anyone know if that means they are getting ready to sue me? I am still thinking about filing but after this call all that tenseness came back again...What should i do?

I had already retained a lawyer in March but kept postponing it and even started filling out my questionnaire. I ended up getting some work here and there and as i posted on another thread i got to a point where i thought i could start making payments again (contacted chase and settled it, still paying though). Problem is one job fell through and i have the other that supposedly will start in August, with a salary that will allow me to get back on track, but it is a temp one that lasts till April (and also no word from them so far)...I am just confused if i should file and at the same time start that temp job. I owe around $40K on all cards and the last 6 months have made almost 10K

Could someone shed some light on my situation, if this call means i am about to get sued and just by the basic information i gave, if it makes sense to file...i am tense again!

Thanks guys

[Richard Kaufman]

This is just my opinion. I would not file for BK solely over a credit card. It's too easy to have something removed from your credit down the road. Even Fanniemae don't hold it against you if you wanted to purchase a home.

[Minnymouth]

You said you had already retained a lawyer, soooo that suggests that you intend to file, just don't know when to file, correct.

Basically, the call you received may be a collection agency in Mass that is following up on the debt. Many attorneys do this on the side now for large companies.

Personally, I wouldn't call back myself, let him catch me at home...... Believe me if he can't get you on the phone, he will by mail...... eventually. I wouldn't worry unless I got a summons to appear in Court, and then is when you probably need to file bankruptcy and let the Court know your intenst to file.

All you have to do is decide when its best for you to file..... and this you might discuss with your attorney.

Have you received any summons? Notice of collections from agencies?

Even if you are sued, it can be discharged in bankruptcy.

[havetodecide]

I did not know when to file but then i got to a point where i thought it wouldn't be necessary anymore if i had a job, i would just get into some payment plan, that was the reason for me delaying it.

I would assume the call is from a lawyer connected to BA/MBNA, that's the only card that has not called me in a while.

No summons or notice of collections yet, that's what i am trying to avoid, being sued. There's a lot to think about. I will be doing the credit counseling online so i can get ready to file if i actually get sued.

Thanks!

[havetodecide]

An update on my case.

I am calling cards to negotiate and so far no luck, interest rates remain high and 5 year plans that i think is too long.

Interesting thing is, i have 2 accounts with BOA (one is MBNA) and they sent me 2 letters specifying the amount that i could be send to get my accounts back in good standing. When i called them, the number took me to the attowney that left me a message before, not BOA, i thought it was kind of sneaky on their part. I started talking to him and he was a bit aggressive for my taste, wanting all kinds of information, wanting to know how much i was making and how much i was going to put down today, etc. I said i would have to think about since i was dealing with other cards too and would call him back.

So now i sit here, changing my mind again, thinking about filing just to avoid the headache of trying to negotiate and i assume they would place me in Chapter 13 since i will start a new temp job? something i am not sure...

Here's my situation as of now:

Owe $42K - all unsecured
Will start a job making $1K a week but it will last only till april next year, so it is a temporary job
Living in Florida

Would i be in Chapter 13 even though it is a temp job? i guess it has to do with my expenses too, I know they look at the last 6 months (last 6 months i made $10K) but i will have to mention this job even though it is temporary i think. I had retained a lawyer to file chapter 7, but since my situation changed a little, i guess i will have to get back to him, see what he says (would mean more money for him if i file 13), Would love to hear what you guys think.

Thanks

[NoName]

Sounds like you would meet the means test for Ch7. You need to talk to an attorney about which chapter to file.

[havetodecide]

As far as i know BOA sold my account to this collection agency called "Zwicker & Associates, P.C.", seems like they're not actual a law firm but say they are because they keep a lawyer on staff. I did a quick search about them and their business practices. Seems like there's a class lawsuit action agaisnt them alleging they were intentionally deceptive. If they really bought the account from BOA, can they send me collection letters with BOA logo and everything? That's how i fell for it and called them thinking i was talking to BOA, It's a xerox letter of BOA logo...

lawsuit article:

http://www.lawcash.com/attorney/3873/zwicker-associates-lawsuit.asp

some complaints about them:

http://www.budhibbs.com/debtcollectorpages/zwicker_associates_pc_cmts.htm

Thanks

[LAKERHIGH]

Zwicker attorney for collection?