Senior Citizen with many debts.....

[shabam]

I forgot to mention that I am a disabled person. I have emphysema and have to usde oxygen 24/7 at a pretty high rate. Do you think the creditors would be less apt to make my life too miserable. I know I sound like I don't want to own up or go through a whole lot of trouble and I deserve to, but I am fully aware of how horrible this whole thing is and I wish I could pay everyone. I'm just so afraid I will go to jail or liens will be placed on my house or car.

No you will not go to jail.

We are here to help. First thing, have you made any large credit card transactions within the last year? Any cash you have on hand should be saved for a lawyer.

You will need to place at least 90 days between your last credit card transaction to filing.

[calgirl67]

That is just ridiculous. Which creditor is doing this? Must be a collection agency, as they seem to be quite lawless.

GC Services (Citibank M/Card) NCO Financial (Amex) Sunrise Credit Services (BOA M/Card) and the latest Capital Management Services (Citibank m/Card).

They call the 911 center and leave sneaky messages for him. CAN YOU BELIEVE THAT?

I cannot believe there are not stricter laws to protect consumers. And as soon as we DV one of them it gets passed to another collection agency within days. They all have our info... I dread to think who actually works there and steals people's ID's.

It took us a long time to come to terms with filing BK (we have not paid on CC's for 11 mths now) but seriously, with how we are being treated now WE NOW FEEL ZERO GUILT. Can't wait to file Ch 7 in 30 days.

[svoboda70]

I was able to speak to a lawyer here in Abq. about my debt and filing a 7. He seemed to think I could go for awhile not paying or using cc's. He referred me to the Bar Assn. and said they have a pro bono service for seniors and that possibly I could get a lawyer to do the bankruptcy for me there. His fees himself were $1200, which isn't bad. He was so helpful I couldn't get over it. He really seemed to understand and spent quite some time with me on the phone. He said if they take me to court I should go and speak to the Judge and let him know my situation and there should be no problem. He also said I should go to my bank and talk to someone about my SS payments going into the account and let them know that only SS is going into my account and they should be on the watch for anybody trying to claim monies. It sounds pretty good and I felt very comfortable after talking to him. What do you think?

[AngelinaCatHub]

I was able to speak to a lawyer here in Abq. about my debt and filing a 7. He seemed to think I could go for awhile not paying or using cc's. He referred me to the Bar Assn. and said they have a pro bono service for seniors and that possibly I could get a lawyer to do the bankruptcy for me there. His fees himself were $1200, which isn't bad. He was so helpful I couldn't get over it. He really seemed to understand and spent quite some time with me on the phone. He said if they take me to court I should go and speak to the Judge and let him know my situation and there should be no problem. He also said I should go to my bank and talk to someone about my SS payments going into the account and let them know that only SS is going into my account and they should be on the watch for anybody trying to claim monies. It sounds pretty good and I felt very comfortable after talking to him. What do you think?

I think you did good. Also that price the lawyer gave you is excellent. If you seem to like him and can afford him he'd probably be good. After all, he actually gave you info against his own interests. That sure is rare.

The idea of waiting it out is what we have been saying so at least you got it from an official source. I think you are on your way. Save what you don't pay in your "cookie Jar" for your legal fees. 'Hub

[music12]

talking to the bank is a good idea, but far from a guarantee that they would actually be on the lookout. i had unemployment compensation seized in my bank even though it came as direct deposit into the bank from the state, and the bank statement actually says it was unemployment. you'd think they would have set some computer program to stop a seizure of exempt assets, but they could care less. and, i still have not gotten the money back.

and while some judges listen and care about the law, others don't.

so in my opinion, the lawyer you talked to seems to make things sound easier than they necessarily are. also, lawyer are usually more careful about saying there would be "no problem" in any kind of court case.

[calgirl67]

"He said if they take me to court I should go and speak to the Judge and let him know my situation and there should be no problem. "

I can't believe the attorney said that. Is he serious? Is he implying that if you told your story to a judge you would get out of paying your debts through a lawsuit?

That is the WORST piece of advice I have ever heard and incredibly misleading.

You are free to listen to whoever and whatever you please, but be warned, creditor harassment and lawsuits are not for the faint of heart. Prepare yourself as it is a very rough ride.

I would seek te advice of another attorney quickly. Good luck with everything and I hope it works out for you.

[svoboda70]

The lawyer didn't say to talk to the Judge and there would be no problem. He meant if I were sued and I went in to court and was able to speak to the Judge and explain my situation, the Judge would probably not "throw the book at me," but would understand my situation and would not find against me.

[music12]

that's still too big of a promise to be making to you. i am with calgirl: talk to another lawyer. better yet, talk to 2 or 3 more.

[calgirl67]

The lawyer didn't say to talk to the Judge and there would be no problem. He meant if I were sued and I went in to court and was able to speak to the Judge and explain my situation, the Judge would probably not "throw the book at me," but would understand my situation and would not find against me.

That is not true. The judge will have NO CHOICE but to find against you. You owe the money and they are sueing to recover.

Run fast from this attorney. Get another quickly.

[AngelinaCatHub]

Ms. svoboda70: I too am inclined to agree with the fact that a "JUDGE" should be "blind" in who you are, or what the tertiary situations are, but only the pure law.

Of course we all know what should be and reality is. (ie. O.J.Simpson) That is the way it should be. For the money, I strongly suggest that you shop around and get a good lawyer. I think I said above somewhere that he was inexpensive, but on the other hand, you get what you pay for. I've been wrong once before. I think last year, but I was mistaken. Anyway, let a pro do your bidding and your case does not sound at all complicated except for that big transfer. Let your new LAWYER explain that. You or I are not qualified for this and they, (the legal guys) are. Keep us posted for sure. 'Hub