DESPERATLEY SEEKING HELPin TENN

[tiredmimi]

It has been a while since I have posted here, so I will try to shorten my story as much as possible. My husband and I have about 108,000 in unsecured debt. We haven't made a payment since September to any cc companies, went to see an attorney in November and did not leave with a good feeling. It was one of the bankruptcy mills. He worked up a chapter 13 plan leaving us only a little over 900 dollars a month for living expenses, including electric, water, gas, groceries ect. and we both commute to work. While I realize we would have to budget tightly when filing bk, there is no way we could live on this..We have avoided the all day phone calls that we get everyday at home, but over the past couple of weeks, I have received some at work. Today I received 1 @ work from US bank, after telling them last week to not call me at work anymore. The lady who called told me to send them a letter, and insisted I fax it before leaving work to halt the phone calls after informing her that I told them last week not to call at work. She was very aggressive about me sending it from work before leaving today, and stated she was trying to help me, because they are in the process of contacting my payroll department to verify assets. I don't believe someone I owe 20,000 dollars to is going to try and help me, so I am wondering why she was so insisting on me faxing this from work today. I did not send it, but do plan to fax it tomorrow. I also am in desperate need of a good attorney in the Nashville, TN area, as I did not have a lot of faith in the one we consulted with. We are way over median income for chapter 7 so I know they are going to force us into a 13 when we file. I have also received 2 letters from 2 different companies via regular mail that says we have 30 days to dispute the debt in writing, but it did not come registered mail. I know we have to make a move, but I don't know which way to turn. PLEASE HELP!

[tigergem]

Well your first mistake is talking to creditors. At all. Period. Yes send them a certified mail cease and desist letter. Or FedEx if you think the mail is too slow to stop the calls at your place of work. Fax is not so reliable, because you have less ability of proving that they received it. She might be trying to verify your employer to execute a judgment and garnishment on your wages, but who knows? In the meantime, keep a record of the dates and times of these conversations.

Unless there is somebody on here who can recommend a really good attorney in Tennessee, I guess you would just have to pick up the phone book and look for another one, if you didn't like the first guy.

[beachchick]

Please see another attorney, when we filed a Chapter 13 we filled out an expense listing all our expenses for the month and whatever was left over was the amount that was set to go to bk trustee every month, in other words our repayment amount was based on what we could afford, not what the attorney told us we would have to live on. Things like cable, childrenn's activities, recreation and entertainment was included on the expense sheet. BK best thing that ever could have happened given the financial situation we were in, good luck and please talk to more attorneys....

[frogger]

You also need to understand the mindset of collectors. Their mind is set on today, right now, and paid in full. Their sense of urgency in the matter is because they want to get paid. When they get paid, they get a commission check.

Don't let any collector bully you or instill a sense of false urgency. A good collector can be a vicious opponent. If you're going to file for bk, tell them to pound sand.....

[flyinbroke]

Do NOTNOTNOT fax from work. It is bad enough they have your phone number there. They know where you work. Payroll departments do not have any ability to "verify assets" beyond paychecks. This sounds like someone fishing for easy garnishment info. Don't give any info to them. Besides, registered mail is the only proof you will have that they received it. Believe me when I say they will use your fax info, then lie about ever getting it.

Frogger is right...they bully because it works. They work for commission so instilling panic to force a "today payday" is their goal.

[tiredmimi]

Desperate in Tennessee

Thank you all for your advise. I did not fax over the letter she was asking for, I plan to work on letters this week and send them registered mail. I knew she was not trying to help me, although she kept saying over and over again maam I am trying to save you. I know they know where I work because they called there. I even told her when she called, I cannot talk to you at work because I work with very sick chemotherapy patients, but that did not matter. Unfortunatley, I do not answer the calls when they come in and I am usually overhead paged for calls, because I work in the clinical area. I have to try and take calls because I work with some outside vendors for medical supplies otherwise I would just not answer. I know I am running out of time and I am going to try and find some other attorney's. I am sick and cry everyday. Over the past year I have had my daughter, and 2 small grandchildren living here due to her divorce, and a deadbeat ex husband who has never paid her a dime in child support, and is in jail ( a whole other story). A lot of our debt has occured over the past 4 years trying to keep them from starving. My daughter was in school finishing her degree this past year, so unable contribute financially, but I can proudly say she finished her degree in December, and just landed a great job, so I can now sleep not worrying how she is going to survive and provide for these 2 little girls. You guys do not know how much your post mean to me, as I am in such deep depression, I don't know if I will ever pull out, and just hearing from you makes me feel better. I have always thought of myself as a very strong person until now.