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Just Stopped Paying...Just Saw a Lawyer

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    Just Stopped Paying...Just Saw a Lawyer

    My Situation: Many of my accounts are just 30-60 days behind (I think there is one a little more but I've been paying monthly...it was behind from last year). I was in a CCCS program and just withdrew after falling behind a few months ago and many of the creditors suspending the program and asking for large payments (past due, over the limit fees, and late fees) to catch up. I was considering calling the creditors and asking for further hardship programs, but have finally figured out that if I haven't been able to dig myself out in the last year and a half, it's not going to happen.

    I saw a lawyer last week. Since it seems pretty hard to do it while in Ch. 13, I'm trying to replace my car now with a newer one to last through the program. Hopefully someone will be able to do something for us, with our situation. Is there anything else to consider pre-filing?

    Also--I haven't officially hired an attorney yet--I want to interview a couple more. Some creditors have received payments this month that I made over the phone before I decided this was my move. But for many of my creditors this will be my first month not paying at all. Of course, everything is late (even if not over 30 days), so I've been getting dozens of calls, and just not picking up. At first I wasn't picking up because I couldn't commit to everyone when I'd be paying. But--since I've decided (although not taken any firm steps), should I start taking the calls again and informing them of my plans? How do you handle the very beginning of this process? Is anyone going to move this quickly in taking me to court? Do I have to give them an attorney's name before they will stop calling? Will they call until I file in Court? How long should I wait to file?

    Sorry--I'm just lost right now and really don't know how to proceed. I don't want to pay these creditors right now since I've got a lot to do with hiring an attorney and putting some money away for a rainy day.

    As a side note, I have not had any space on credit cards for years, so I'm used to living without credit cards.

    Thanks.

    #2
    After an initial retainer fee of $100, we were given a phone number to give to our creditors. While that didn't stop the calls, it did allow us to answer without having to go through any explanation except that we were in the process of filing chapter 13 and to call our attorney. Most would leave it at that and simply asked us to provide the Case number when we had it.

    We had a 9 year old car so we immediately traded it in for a new vehicle before the credit score deteriorated. That turned out to a really good move.

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