Been advised to just let them sue

[Cypress123]

Hi all.

I'm about to be sued by a couple of creditors (old, large, credit card debts over $10,000 each). I haven't worked in years due to several anxiety disorders I suffer from. So when I got the notices from a law office that they were taking over debt collection for my account, I freaked out. I went to see a BK lawyer and found out how much it costs and that the legal aid help won't cover the costs since I have no income.

He said: "I dont know what you are worried about anyway. You're not working, you are unlikely to work in the future, you own no property (I live with my parents). Just let them sue. They'll have a piece of paper saying you owe them X amount of money and you have nothing to give them. You can't get blood from a turnip." He also said I dont even have to show up for the hearing because all that will happen is I will be asked "Do you owe this debt?" I'll say "Yes" and that will be it. He said I'll get a form in the mail I need to fill out listing my meager assets and he'll help me fill out the form so everything is legal.

I have to tell you, that's not what I was expecting from him. But considering the fact that I have no way to pay for a bankruptcy proceeding and it is unlikely I'll be employed anytime in the forseeable future, maybe he's right.

[sgip2000]

You weren't making him any money so he just wanted you to go away. Not the best advice.

[redskinfan]

Not the best advice in my opinion either.

Rhonda

[StressPot]

You went to see a BK lawyer, or the lawyer that is now handling the collections of one of your debts?

That is really bad advice. I notice in your posting that you don't ask for help, but since you have posted I am sure you will get some regardless.

If it were me, I'd send them a DV letter and in doing so state your hardship. Go to any and all court hearings over your debt too, if you don't you can get royally screwed!

Best advice - read over the postings here and take notes. Find out what your rights are and defend yourself. I'm in the same boat you are. I suffer from depression and I'm bi-polar as well. I don't work because of this yet the collectors are relentless.

I know it's hard to say or do...but have hope. You have rights, and from the BK attorney's response to you - he didn't really give a darn.

StressPot

[Soccer247]

Yeah I wouldn't just lay down b/c some greedy attorney can't make money off of you..... Check the creditinfocenter.com website to see what the SOL for inforcing a judgement in your state is... If you just let this happen, it could come back and bite you later when you're feeling better and able to work. For example, in California, a creditor has 10 years to enforce a judgement.... I realize you're not in Cali, but be aware the SOL on enforcing a judgement is different that the SOL on a debt or the 7 year reporting period.... Have you looked into getting help from a less costly source??? A paralegal with strong knowledge in BK law... or one of those "We the people" places that help you by preparing documents for you (but don't represent you in court, etc...).... Do a little more leg work.... Don't take the greedy attorney's callous opinion as "gospel"

[Cypress123]

Well, given my circumstances I'm not sure what I <i>can</i> do. The debts are not beyond the state's SOL. I have no money to afford a lawyer to represent me, to go through the BK process or to try to negotiate a settlement. Hell, because I'm a single male I don't qualify for much of any public assistance. And because of my particular medical situation, the stress of the situation is killing me, literally.

The particular law firm now handling these two debts is sue-happy so I know I will be sued and soon. If any lawyer here can offer constructive advice, I'd apreciate it.

Thank you.

[Cypress123]

You went to see a BK lawyer, or the lawyer that is now handling the collections of one of your debts?

That is really bad advice. I notice in your posting that you don't ask for help, but since you have posted I am sure you will get some regardless.

If it were me, I'd send them a DV letter and in doing so state your hardship. Go to any and all court hearings over your debt too, if you don't you can get royally screwed!

Best advice - read over the postings here and take notes. Find out what your rights are and defend yourself. I'm in the same boat you are. I suffer from depression and I'm bi-polar as well. I don't work because of this yet the collectors are relentless.

I know it's hard to say or do...but have hope. You have rights, and from the BK attorney's response to you - he didn't really give a darn.

StressPot

Thanks for your post. I went to a BK lawyer. There are others in my area so I can go see another one.

One question. Why would I state my hardship in a DV letter? Do you think they may just not sue?

Also, do you think it would be a good idea to call them and let them know my hardship? I am extremely uncomfortable in any kind of social situation, including phone calls with lawyers. And going to a hearing alone is a frightening prospect to me.

[Cypress123]

Yeah I wouldn't just lay down b/c some greedy attorney can't make money off of you..... Check the creditinfocenter.com website to see what the SOL for inforcing a judgement in your state is... If you just let this happen, it could come back and bite you later when you're feeling better and able to work. For example, in California, a creditor has 10 years to enforce a judgement.... I realize you're not in Cali, but be aware the SOL on enforcing a judgement is different that the SOL on a debt or the 7 year reporting period....

I'm looking but can't find it here.

[sgip2000]

You may technically owe and it may be within the SOL, but how do you know the attorney is authorized by the creditor to seek judgment. Make them prove they're authorized.

[jwhite601]

It's true no blood from a turnip, I'd laugh at them, and tell them to waste their money IDGAF.

[sgip2000]

That all sounds good; until you become better off and have a little funds, then they file for write of garnishment or bank account attachment. Judgments in most states remain on record for 7-10 years and are renewable in many states. They will haunt you even more than showing up in court and making them prove their case. Especially if you're disabled and have no income. At least then they may realize it's a lost cause and drop the case for the time being.

[willingtocope]

Go to www.naca.net and see if there is a lawyer in your area that might help. If not, then send the DV letter to the lawyers currently holding the accounts. Don't bother to mention "hardship"...they won't care.

If it comes down to you going to court, when the judge asks "Is this your debt"...you reply "I don't know your honor. They've presented me with no evidence to say that it is." (Just because you used to owe some CC's money doesn't mean these yahoos have the right to collect it.)

[StressPot]

I had written a long reply and something happened that ate my response. So I will try again...

Thanks for your post. I went to a BK lawyer. There are others in my area so I can go see another one.

One question. Why would I state my hardship in a DV letter? Do you think they may just not sue?

Also, do you think it would be a good idea to call them and let them know my hardship? I am extremely uncomfortable in any kind of social situation, including phone calls with lawyers. And going to a hearing alone is a frightening prospect to me.

In dealing with the initial attempted contacts of the last collection attorney hired to come after me, I stated my hardship. As it turns out, I am sue'ing them and my statements are helping me in the long run. It never hurts to cover your bases.

They may or may not sue. It's hard to tell. In my case they did hire an out of state collection attorney as a scare tactic. This is the 7th collection agency/lawyer to contact me over this debt in the last 2 years.

I answer all dunning letters sent to me. In my answer letter I state my hardship and demand validation. I also point out that my property and income are pretty much exempt/untouchable and show them proof of this. I do not work, and because of my depression/bi-polar status I probably won't be working in the near future. I let them know that if they prove the debt is mine, I will work with them to settle it.

I think you should let them know where you stand, but I wouldn't do it over the phone. I am in the same boat as you are. I don't even subscribe to telephone service because a) I am timid and can be totally bullied over the phone and I'd rather pay my rent and eat then pay for a telephone.

If you end up going to court, just understand that while you are in the courtroom the judge won't let them bully you. While outside of the courtroom, you are in a very public place with guards. If the opposing attorney wants to talk to you in the hallway, tell him you have nothing to say and walk away. If he persists scream or something.

I never post something here I wouldn't do myself. Find out what your rights are, use the internet. Your state must have a web sight where you can review consumer law. You can also use google to find the complete FDCPA text. The only thing I am really leery about is when websights post the SOL. Every place is wrong about the SOLs in WA state.

StressPot

EDIT: Clear up something in my text that didn't make much sense as written. Woops misread your state (wisconsin) but I will post a better link in this most recent edit of mine.

http://www.badgerlaw.net/

I hope this helps you!

[merkurfan]

Wi is a great state, the SOL is a bit long, 6 years for most. However, once the SOL passes. Thats it, debt is d-e-a-d.. gone, over with. Statue of Repose kicks in and kills it. So, how old are these debts?