need help with chapter 13 myths....maybe not myths? help!

[0577212]

I filed chapter 7 about 5 years ago so thats not an option. I have unsecured debt only, only credit cards and payday loans. I cannot mentally handle the calls and the harassment (theyre using my sons disability and making fun of it and telling me he doesnt sound disabled). This is mainly cashcall. I have researched it and yes they sue.....quite often too. I tried making arrangements but they are hardcore. I am about 20,000 in debt, no property owned and nothing of value owned. Its myself, hubby, two kids and my income only. I take home about 2680 monthly. No other income. I am scared of getting sued by these people and i need to do something. Cant wait for chapter 7 eligibility. Should u qualify for 13 and if so, how much could my payments be? I read on the internet that they can be zero because its all unsecured debt and i have about 200 monthly disposable income. I am only looking into 13 because im not eligible for 7 yet. Is this a viable option? Cashcall is all im really scared of, can they sue me and win even though they wont accept any payments from me unless its the full payment? They outright refused anything less plus theyre telling me my sons disability isnt one. I told them.i want to make arrangements and theyre saying theyre going to put me down for trying to get out of a loan. Theyre putting words into my mouth and if i wanted to get out of it, i never would have contacted them. Please help, so stressed out.

[tobee43]

I filed chapter 7 about 5 years ago so thats not an option. I have unsecured debt only, only credit cards and payday loans. I cannot mentally handle the calls and the harassment (theyre using my sons disability and making fun of it and telling me he doesnt sound disabled). This is mainly cashcall. I have researched it and yes they sue.....quite often too. I tried making arrangements but they are hardcore. I am about 20,000 in debt, no property owned and nothing of value owned. Its myself, hubby, two kids and my income only. I take home about 2680 monthly. No other income. I am scared of getting sued by these people and i need to do something. Cant wait for chapter 7 eligibility. Should u qualify for 13 and if so, how much could my payments be? I read on the internet that they can be zero because its all unsecured debt and i have about 200 monthly disposable income. I am only looking into 13 because im not eligible for 7 yet. Is this a viable option? Cashcall is all im really scared of, can they sue me and win even though they wont accept any payments from me unless its the full payment? They outright refused anything less plus theyre telling me my sons disability isnt one. I told them.i want to make arrangements and theyre saying theyre going to put me down for trying to get out of a loan. Theyre putting words into my mouth and if i wanted to get out of it, i never would have contacted them. Please help, so stressed out.

first things first, welcome to the forum! i understand what stress you must be under, but it's time to take a breath and think straight about the station.

it is my general understanding that legally, you should wait four years between filing a Chapter 7 bankruptcy and a Chapter 13 bankruptcy. do you own your home or are you renting?

there are a few things you can do. once you are served you can go to court and attempt to get a payment plan set up. many times in these situations the judge may lean more towards the debtor who is attempting a good faith payment plan while the company refuses to budge on their position.

secondly, if they were to sue you, if you don't own a home my understanding in california is the judge would decide the amount of garnish if that were going to be the all time worse scenario. with your salary and an disabled child, i find it really hard that the judge would not force the company to work with you. i would be hopeful that they would not put a lien against your car.

a chapter 13 is going to cost you money, up front which is something you need to think about. i was in a no asset 7, so hopefully we have some get people on this site that have had successful chapter 13's and know how they work from the inside out.

again with only $200 DMI, i just don't see how far it can go...PROVIDED you make certain that you go to court and let the judge intervene. it's really difficult to determine what your payments would be. i would also advise you immediately set up a few FREE consults with BK atty's. they may be able to help you without filing since your actual debt is really not that much.

best of luck. i know this is really difficult, but it will work out. it will.

[lillymarlene]

Hi 0577212, welcome. I am a below the means chapter 13 filer since I wanted to hang onto what's left of my small business. I'm about 50% through, and it is fairly tight but so far doable. My payments are about $200 per month, which is one of the lower payback plans, though I think I've seen a few people on this forum here that pay less.

tobee is right, maybe check things out with a few BK atty's. Good luck.

[keepsmiling]

Welcome. You found the right place.
Go get Google Voice NOW so you can think straight!
If you are collection proof, then maybe you can just sit it out til you can file again.

[mountanddo]

I filed chapter 13 because I had filed chapter 7 six years earlier and I wasn't eligible.

My payments are $100 a month for 36 months. I was told that was the lowest that you could go because in a chapter 13 you have to have some DMI to qualify. My attorney fees were put into my chapter 13 and I just had to pay the filing fee. It's been almost a year and I have two to go. Best decision I ever made. I'm not afraid to answer my phone anymore. Good luck!

[wcb77407]

first dont be scared of these bullies!and dont be scared of getting sued! there are laws in place to protect the debtor.you need to know them.you also should check on CA collection laws,and what happens if you are sued and get a judgement.can they garnish wages or get in your bank account?
if you have no assets then you might have a little more leverage to work a deal then you think.in TX I was sued,I got online and learned how to answer a lawsuit(creditinfocenter.com).I showed up so I did not get a automatic judgment.they rescheduled for arbitration(6months out).I still filed BK because I knew more suits where on the way. but it gave me time to get my ducks in a row.and when I stopped caring about getting sued or my credit rating and started dropping BK word the offers got better and better.

[momofthree]

CA allows garnishment and bank account levies.