What can a credit card company actually do when they turn your case over to a lawyer?

Question

I am deliquent on 7 cards for 3 months but only one card has been calling me since the payment was 2 days late. They have called me from 8 am till 10 pm, monday thru sunday. I have written to them and even sent small payments at first but have stopped that since I can't afford it and it made no difference to them. Their law firm called me a few minutes ago (yes on a sunday morning). I have no money to pay them anything and am a couple months away from not even being able to pay rent, so the credit card bill is last on my list. I live in a cheap apartment in a bad area, walk or take the bus (have no car), nothing valuable and no money in the bank except when pay small paycheck goes in (I make about 700 month after taxes and also have a child to feed. I wanted to file bankruptcy but cannot find anyone in this state (Texas) that offers free legal aid. If I was a violent criminal, I could get an attorney, but for bankruptcy, no one will help. I was stable for 14 years.

circumstances changed for me last year and my world fell apart. If I do ever get to file bankruptcy, can it remove a judgement from a card company if they got one on me? I have no disposable income so I don't know what they could really get.

Answer 1

I think Echo and Gwynn have the best answers.

You have almost $30,000 in debts and only clear $10,000 or less per year. It will take you forever to pay off the debts. Your credit is already ruined because your debts are huge and your payment record is bad. So in your case, it won't hurt you much more if you file for bankruptcy. In fact, bankruptcy can sometimes improve your credit rating because it means you can't file for another bankruptcy for 7 years.

Sooner or later the credit card companies will sue you, go to trial, and get a judgment. Once they have a judgment, they can try to collect, usually by garnishing your wages, and the judgment can remain valid for many years, so that if you ever do get a better job, they can garnish that paycheck, too; and in the meantime, the judgment is earning interest, so it will keep growing.

If you can get a bankruptcy, you may be able to have those debts written off forever.

You may also want to change your phone number!

Answer 2

For financial and credit subject I was search for solutions at this site: CREDITVAULT.NET-

RE What can a credit card company actually do when they turn your case over to a lawyer?

I am deliquent on 7 cards for 3 months but only one card has been calling me since the payment was 2 days late. They have called me from 8 am till 10 pm, monday thru sunday. I have written to them and even sent small payments at first but have stopped that since I can't afford it and it made no difference to them. Their law firm called me a few minutes ago (yes on a sunday morning). I have no money to pay them anything and am a couple months away from not even being able to pay rent, so the credit card bill is last on my list. I live in a cheap apartment in a bad area, walk or take the bus (have no car), nothing valuable and no money in the bank except when pay small paycheck goes in (I make about 700 month after taxes and also have a child to feed. I wanted to file bankruptcy but cannot find anyone in this state (Texas) that offers free legal aid. If I was a violent criminal, I could get an attorney, but for bankruptcy, no one will help. I was stable for 14 years.

Answer 3

I was in that place a few years ago, and it really sucked. I had just gotten out of the military and couldn't find work other than part time restaurant jobs that didn't pay squat. I couldn't afford to pay any credit card bills, I was barely making enough for car payments and rent which were the most important things. The credit card collectors were calling and even insulting me for being broke...really great customer service and a great way to get the money they're owed *rolls eyes*. They threatened me with lawsuits too. And yes, on Sunday mornings at 6 am...I don't care if it's 9 where they are, but they definitely lack common courtesy. They only call that early because people are more likely to be home then.

I really hate asking anyone for help, but in the end I had to move back into mom's house and she lent me money to catch up on my bills and to get the creditors off my back. Once the credit cards were all paid off I closed all the accounts and cut up the cards. I paid my mom back everything she lent me over the next year, and she doesn't charge interest or late fees.

I know how you feel and the situation sucks, but there's no way out without some sort of help. Can your parents help you with a small loan (you pay them back when you can of course)? Any friends that are willing to let you stay with them, for less rent than you're paying now, while you get back on your feet? Anything at all? Personally I don't feel bankruptcy is the answer.

Answer 4

There should be some credit counseling options that are free to you in your area. Look in your phone book under Credit & Debt Counseling. Be sure to ask about fees upfront- not every place is not-for-profit and can charge a whole lot in fees, which you apparently don't have.

As for filing bankruptcy, the laws changed last year. From all the news reports, it seems that it is now harder to file Ch. 7 (where you get rid of all your debts free and clear yet get to keep your stuff) and most people have to file Ch. 11 and repay portions of their debts. But ONLY A LAWYER IN YOUR AREA can tell you which category you fall into.

Since it's a civil matter, you won't get a free lawyer. But you should be able to get a free consultation from someone. Just don't mention up front that you have no way to pay them. You'll bring in your bills and income information as well as a list of your assets and they will tell you the best course of action and how much it will cost. Simply thank them for the information, say you'll think it over and get back to them. At least you'll know what your options are as far as bankruptcy. If you do file, your lawyer will send a notice to the credit card company that you filed bankruptcy and their calls will cease immediately!!!

Answer 5

If the credit card companies get judgments against you they are valid for up to 30 years and earn interest. So, if you ever turn your life around, you will still have these hanging over your head.
It is best either to settle or in your case go bankrupt.

The federal government funds the Legal Aid program. There are offices in every state. They should be able to help you or send you to someone who can.

You can also do the bankruptcy yourself. You have to go through mandatory credit counseling before you can file. This costs $50. You also have to pay the filing fees or the discharge will not be granted.

Since you have no assets, it should be fairly easy to get a discharge as long as you supply all the information demanded by the court.

Answer 6

They can't do anything to you. Relax. Do not send them any more money, not even a small amount. Notify them in writing via certified mail, return receipt requested, not to call you any more. They have to stop calling if you tell them to. Look in the paper or phone book for a BK attorney that offers free initial consultations. Go see him/her and see what it will take to file bankruptcy. If it costs too much you can also file without an attorney by doing some research and asking a lot of questions. Good Luck!

Answer 7

I have had a citibank card for along time. I went delinquent on it 2 years ago, payed a little at a time, wasn't good enough. I moved to Texas for my work for 2 years, they tried to contact me, but at my address in Florida. Finally I guess they gave up trying to contact me. They went to court and had my wages garnished. Law says they can take up to 25% of your net (after taxes) income. They bleed me for $360.00 every 2 weeks, which leaves practically nothing. As far as fileing for bankruptcy? Is it absolutely necessary? If it is, you can look for free help at your local city hall or court house. They may be able to lead you in the right direction. OR you can try a credit counseling service. They will be a lot better than a bankruptcy. They will combine everything in to one payment for you, and may work out terms for you to only pay what you can afford. This will also stop the creditors from harrassing you.

Answer 8

Go to Barnes and Noble and buy the book Bankruptcy for Dummies or Texas book on Bankruptcy. Both books are $25 and will not only supply you with the information on how to file, but will provided you with a form so you can do it yourself. The filing fees are under $500 in all and you pay as you go.

Or you can call a court mediator and they will help you file yourself.

Answer 9

There is no wage garnishment for money debts (credit cards) in Tx.
But, judgments last for 10 years and are renewable.

You might click on the last link I have provided in my profile and do some reading in the Newbie section and then in the Bankruptcy Forum. In the BK forum, start with the Important Topics section. Then if you have any questions feel free to ask in the forum topics section.
It is a totally free site with over 45000 users (though not all for BK). You would be able to learn the new BK laws and the laws for Texas, plus have valuable feedback from those who have gone through it themselves.

Answer 10

Do not file Bankruptcy...It is the worst thing you can do.You can get out of this hole you are in but with bankruptcy it is forever. They will threaten to take to you to court but most likely they will hound you forever instead of taking you to court.When they call dont be mean to them like we all want to explain your situation and tell them you are making small payments as you can. I truly wish you the best.It sounds like you need a new job.Are you on any assistance for your child?Get some help from the Government for WIC or Welfare that should help you.