legalnewbie07107

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Posts posted by legalnewbie07107

  1. Hello,

     

    I am new here but I see that there are lots of very active and knowledgable users here so I thought I'd seek some friendly advice.

     

    I am trying to help out my 80+ year old grandparents that have gotten themselves in some seriously unmanageable debt while trying to help another family member's difficult financial situation. Bless their hearts, but shame on them for digging themselves in a financial hole.

    • They have a total of about $31k in credit card debts in 22 accounts.
    • They have no real assets - not homeowners (rent), no business or properties, only have a pretty old car.
    • Their only source of income is their social security retirement income.
    • All payments to creditors have ceased as of this month (so the calls have just started).
    • We have closed all the accounts (for some reason I thought this would stop late fees, but now I know thats not the case).

    I seeked free legal advice considering bankruptcy from a pro bono lawyer and I was informed that they are "judgement proof" and it is pointless to file a bankruptcy. Their income is protected and even if the creditor wins, they can't collect. While this may be true, I am concerned about the 6yr statue of limitations in NJ. This is not something I want to have to keep an eye out for such lengthy period of time. Perhaps if it was maybe a few accounts, but since its so many it would just be stressful answering to all of them.

     

    The biggest bankruptcy filing con is the cost - approx. $1200 with a lawyer. I am wondering if I may be able to do the paperwork myself. A friend of mines recently filed and I have reviewed the paperwork. Though it was alot of legal terminology, I have found help online and software programs that make it pretty straighforward. Is this something any of you would consider doing without a lawyer though? Am I being too confident here?

     

    Also while searching through another forum, I saw an old post where a user in a similar situation with her elderly mom said she was able dismiss the accounts directly with the creditors by sending them letters explaining to them her situation and that she was judgment proof along with a copy of her SS award letter. Should I do this as well? Has anyone tried this or had any success writing-off an account directly with a creditor? I guess it can't hurt to try or can it? Maybe if they knew it was going to be pointless to persue these accounts, they would just move their efforts towards onto other more successful accounts to collect on.

     

    Please let me know your thoughts and experiences. Thanks :-)