RickRick

Received a letter from third party saying I'm being sued by Portfolio Recovery

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I've received a couple of letters from third parties "You're being sued - hire us" type letters.  I've never been served, and am obviously easy to find!  I've been unemployed for almost three years, have zero savings, already lost my house (sold it for a $130K loss to pay off the home equity loan and taxes - was going to lose it to a tax sale), have no car, and am relying on relatives. I'm not on disability, but probably could be - problems with both arms and hands. That's why I can't work.  Unfortunately I was self employed for a long time and any disability I received would be darn little.

 

Anyway, obviously Portfolio Recovery is suing me. I owe a lot on credit cards - I had to rely on them for almost a year with every intention of paying them off. But my arms got worse, and no work=no money. I defaulted on all my cards, probably to the tune of $50,000.

 

Do I owe the money? Sure. Can I pay it? Nope. Can't see getting work any time soon, and occupational therapy is not helping.  I assume I'll have to file bankruptcy sometime in the near future, but simply can't afford it right now.

 

Any suggestions? I live in Cook County, IL so I assume I'm being sued there, but honestly have no idea.

 

Thanks

 

Rick

 

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For 50K of debt, BK is the way for you to go.  You may be able to afford it.  Call these agencies:

 

 

 

Local organizations that offer free or low cost legal services are listed below. 

To find organziations that can address your legal question or issue, select from the topics at right.
 
BANKRUPTCY / DEBT COLLECTION

Bankruptcy Desk

Monday-Friday 9:30-12:30
(312) 435-6032

Chicago Volunteer Legal Services
33 N. Dearborn, Suite 400
Chicago, IL 60602

(312) 332-1624
www.cvls.org

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First off, I would check the court website and see if you are really being sued. If so, you can get a friend to go to the courthouse and get the papers for you so that you know who/what they are suing you on.

If you do decide to go the BK route by yourself without an attorney (and I would recommend against that as someone who did that), the first thing I would do is contact the attorney for the other side and say you are willing to set up a time and place for service but realize that I have no job, very little if any income, and no assets. I am looking into filing BK but in the mean time, I am collection proof if you go through with this.

One other thing to hold of the judgement is to fight this while preparing a BK filing. As long as you can get to the courthouse, you probably can hold this off for months if not a year or 2. Enough time to get a BK filing and funds together. It will be interesting to see how much time and resources PR and their attorney will put into such a case, especially if they know they will get nothing in the end.

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Not sure how old your debt is but check the statute of limitations for debts in your state. It could be a pre legal letter stating that they will take action if you do not respond?

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