What should I do???

[nervousSC]

I have an attorney already and have had my meeting where I turned in all the paperwork (two weeks ago), certificate and everything has been scanned. The next meeting (on the 16th) will be for me to sign the papers, they said that on that date they file once I have signed and they will give me the case number that day, and then they said I can start referring creditors to them. I have to pay them 950...they are financing 1500 in my 13....they won't put anymore in than that.

So what I'm concerned with most is keeping the creditors at bay until that date. :O

I have to say, all of you have been SO helpful during this VERY stressful time!

[SinkingFast]

I looked thru the SC codes. I did see that they cannot garnish your wages.

I also saw that if you do not want them calling you at work, you must inform them in writing. Creditors are only allowed to call between specific hours. If they are calling you at work, you'll have to write the letter to get that to stop.

One thing I did not see in my scanning was a mention of a time frame requirement for legal action. No mention of time limit for notification of law suit or any thing like that. In the Credit Collections Code is a form letter example showing what the letter must say. The letter you got met the SC Code requirements for notification. From what I read, it sounds like a Creditor can get a summary judgement against you in SC.

I didn't see where the Creditor or the Court would have to notify you that the Creditor is taking formal legal action. I do hope that's not the case and that I just didn't find the part of the Code that lays out the proceedure they must follow.

[alh]

Typically (Do not know SC law) a summary judgement is done when you don't respond to the suit. They have to give you some time to look over the suit to make sure it is valid and that you don't disagree with amounts or anything like that. At least that is how ohio works.

[aa06a47]

I don't think anybody can get a judgement against you unless they notify you of a court date / appearance. This is America folks, innocent until proven guilty.

[anonymuse]

I got called into court on a lien and the judge said contact the homeowner's association and work out a payment plan and I hope not to see you here again. It seemed like he was mad at the lawyer.

[katze]

I wouldn't worry about it. I stopped paying B of A one year before filing bk. I owed them $8000. I also stoppedv talking to them on the phone about 10 months before filing. They sent it to one CA after another. I never talked to them either. Even if they sue you, I think you have 20 or 30 days to respond. Then you will get a court date. By time all this takes place it should be past June 30.

[aa06a47]

I think alot depends on if they think there is something they can go after / attach a lien on. If your "judgement" proof so to speak, why would they throw good money after bad. I think katze is probably a "unique" case, however, if others have had the same thing, please post. My creditors were driving me crazy almost immediatly after being late with a payment. Even not answering the phone didn't help much, they dang near wore the ringer out!!! LOL!!!

[SinkingFast]

I would think you'd be given time to respond. I just didn't find it in the SC codes I scanned thru.

SC isn't straight forward like many other states. Grouping things together. The codes are searchable by keyword. I guess I just didn't hit the right one to get the notification info.

I tried Debtor, Law Suit, Judgement, finally found most of the info I was looking for by entering Credit Card. That's where I saw the notification letter format. It looked very similar to the letter Nervous got. Even the sample didn't have a "you have 30 days from mailing of this letter" type statement in it. I just didn't find a time frame specified in the SC codes is all.

Tons of legaleeze to sift thru in SC! Their scribes musta been paid by the word!!

[Goldline]

Long ways from legal action

Believe me, you are a long ways from legal action. First of all, the account must be placed in the hands of an attorney in YOUR state. Then you will get a letter from that attorney giving you 30 days to dispute the claim. If you don't respond, they'll probably allow some time to pass before filing suit. They have to give you so many days advance notice of the court date and if you don't respond to that notice or go to the hearing, they will get a default judgment against you. Even then they are only have way there. Once they get a judgment, then they have to learn what your assets and how they can collect the judgment.

You are a very long ways from legal action, take it from someone whose been there and knows from experience.

You'll be fine for quite some time.

[lacyloulynn]

We were over 1 year behind on our payments before they put a judgement against us. Telling them my dad had brain cancer didn't make one bit of a difference. Credit card people don't care about you; all they want is their money, and they want rediculous amounts that you can't possibly afford. It's been about 2 years, and they are still calling like crazy. My parents finally went see a bk attorney today. We had extra land that they donated to me almost a year ago, and if they would file a chapter 7, they could take that land. That doesn't seem right. What if someone we didn't even know owned it? Could they take the land from them? If the credit cards companies settle with you, you have to claim the amount they wrote off on your taxes like it would be an income. They never told us that. Is that right? I live in Louisiana. They make too much money to file a chapter 7, so they'll prolly file a chapter 13. My sister and I are both in college. We have a lot of expenses and medical bills, but it's like that doesn't even matter.

[nervousSC]

Latest Update

Okay, I'm VERY stressed out now and feel like I may throw up....

Bank of America called me today at work and this time "Bob" was not so nice. Telling me that I was a bad person for running up a 10K credit card and trying to not pay it. He started getting harrassing and I asked him for his fax number, he told me that when I paid my bill he would give me the fax number. I told him that the call was being recorded and that he had to give me the fax number, this is what he gave me: 602-597-3346....when I googled this number it looks like it is a bogus fax. After that I told him I was hanging up on him and not to call me at work.

Then "Kelly" called and told me that she was going to call her lawyer and have my wages garnished immediately. I told her that she could not do that per South Carolina law, and she told me that I was wrong and because Bank of America was in Deleware they followed Deleware law...then I started laughing (cause it was either that or cry) and she got even madder....which made me laugh harder. She said fine then, we'll turn this over to our lawyers, I said OK and hung up.

Was there anything else I could have done....did I do okay? I called my lawyer but they just said that there's nothing they can really do until I file b/c they can keep calling me even if I refer them to my atty.

I would be suprised if by the end of this I didn't have an ulcer. I just really feel like crying. I feel like such a loser. Yes, it was irresponsible of me to charge all of that stuff, but intially it started out being just medical bills when my daughter (3 yo at the time) had kidney surgery....after that everything just basically snowballed. I fully intended to pay them back......it just got to be too much when Consumer Credit Counseling started dickering around with my payments and no agreements were accepted.

Thank you guys for letting me come here!

[SinkingFast]

Think how petty those people's lives must be that this is the way they make their living. Calling people who are down and out, and berating and harassing them.

Can you imagine having to go home and face your children?? Can you imagine "Take your Daughter/Son to Work Day"?? I'd bet none of them do that.

I know it's hard, Nervous, but don't let them ruin your day. There's an alternate address on your BoA statements. It's for Correspondence other than payments. Write up a letter telling them not to call you at work, specify the hours and days of the week, and mail it Priority with Signature required.

There's a pinky/redish looking thing the Post Office uses now instead of that Green return mail card. It's a stick on thing that looks like the green Delivery Confirmation sticky. It's cheaper than the green return mail thing and you can access and print out the delivery receipt and request for the signature via email. When you get the email, the USPS gives you a link to a website where you can print out the signature of the person who signed for the letter.

Keep a copy of the letter, your receipts and stuff from the Post Office, and all your printouts of the mailing as proof of sending the letter.

And how stupid was that??!! "We're in Delaware so we use Delaware law!" Almost every major company in the USA is incorporated in Delaware due to their Corporate laws. If they're a national company, they have to practice according to the laws of the state they are dealing in.

Those people are really pushing the envelope. They were trying to scare you, pure and simple. They are idiots who get paid by the amount they collect. If you fall for it, it's commission time for them. So take some solice in the fact that you kept them from getting a bigger paycheck today.

[aa06a47]

Was there anything else I could have done....did I do okay? I called my lawyer but they just said that there's nothing they can really do until I file b/c they can keep calling me even if I refer them to my atty.

Thank you guys for letting me come here!

I think you did outstanding, especially when you started laughing at Kelly. That was classis, and she knew right away you knew the laws in your state.

I sympothize with you nervous, I got several calls myself. It all ends though when you file BK, so hurry up and get it filed. I doubt many of those people making the calls really enjoy doing them. Some weirdo's might though. Kinda like the septic tank cleaner dude, someone has to do it.

We all have to look at the credit card company's point of view. We borrowed money and now are not paying it back no matter what are intentions were when we borrowed it. Until they get that court ordered automatic stay, they will continue to bug you for money, they have nothing to lose at this point. I don't like there tactics, especially when they call parents, relatives, neighbors, ect.

[aa06a47]

Think how petty those people's lives must be that this is the way they make their living. Calling people who are down and out, and berating and harassing them.

Can you imagine having to go home and face your children?? Can you imagine "Take your Daughter/Son to Work Day"?? I'd bet none of them do that.

Well, it's a nasty job, but someone has to do it. I'm sure they are thinking the same about us....picture this at the kitchen table...."those BK people think they can charge up all this money and not pay it back.... how do they look in the mirror, junior you better not get debt you can't pay, or I'll be calling you a$$".

I dated someone who had to make collection calls from time to time. It was like once per month. She was a great person. I think she used tact, not bully methods though.

[anonymuse]

I worked in Accounts Receivables for a time. First, it was just computer work & documentation. After I had completed that stuff, they had me making collection calls.

I absolutely dreaded coming into work each morning. I mainly dealt with government and education accounts and we hardly ever got paid within 6 months, yet after 60 days they were sent to us. I was making a whopping $7.50 an hour to get treated like sh!t by these people.

And I had the most unsupportive manager that would never take calls when they wanted the issue escalated.

Don't assume that everyone there loves their jobs--they're just trying to make due like everyone else.

I lasted 30 days there and quit.

Now, here's the irony. I got my father a job there and he didn't mind it so much. (I left on Friday and he started on Monday.) He's got that Dale Carnegie style where he could sell ice cubes to the Eskimos. He saw it as a challenge. It wasn't exactly a job he loved, but he was happy to have it since it got him a transfer to Colorado so he made the best of it. He had to look at it as government and educational hoops to jump through the bureacracy and the nebulous "they" instead of being able to solely hold one person responsible.