september

new here, ABI (aquired brain injury) and need advice...options

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i have only been reading this message board for a couple days looking for a situation close to mine. ive been unsuccessful so i decided to post a direct message. so back in 2011 my husband and i filed bankruptcy together. all was discharged including 2 homes. i began working again and was able to start re establishing credit and was doing great until 2014 when a brain bleed caused a stroke, coma life support ect...lucky to be alive and needed to recover. the first couple years after the stroke were ok however im still unable to drive, memory issues but i had CC to make up for me not being employed but as timr went on i guess it really hit me that i wasnt going to be able to work again, i messed up financially again and there was really no way out so i basically threw my hand up and gave up. i was drowning. i am drowning. monitoring my phone calls ive doged them all. then last friday a call from a private number i answered thinking it was my mother in law and i was stuck. she called out my first name and i said yes (thinking it was my mother in law) she started in with her script and begged me not to hang up. so i stood there. listened and basically reaffirmed my debt. shes asking me to set up a payment plan. and i said ill see what i can do since i dont have a job and my husband is the only one working. thats where im at. this was midland credit management by the way and what ive read on the internet basically they often go back on their word with the arrangements so im glad that i didnt give her any info. this is my questions...can they go after my husband for the debt? like can they put a lein on his bank account if my name is on it too? if i just decided to file BR without my husband does that mean we could lose the house? (my name is NOT on the house) i really dont know what to do. i really cant afford to pay it. but it seems like when she called then i got another call from another one (collector). i just cant believe im in this situation again. the debt is close to 8k so im sure they will try sueing next. shes calling back on monday after ive talked it over with my husband in regards to giving up my account info. and we have decided not to give it up until i receive the arrangement in writing (which she said they dont do unless there is a payment arrangement with linked account on file) i do have a brain injury which can cause me to be impulsive and vulnerable. so i really want to be prepared. thank you for reading.

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@september It sounds like you've been through a lot. In order to get some of your questions answered by members, it would be helpful for you to provide some specific information.

You haven't been sued yet, correct? (Midland can't take any of the actions you're worried about without a judge's order.)

Is this a credit card debt for $8K? If yes, which credit card? If no, who is the original creditor?

Is this account in your name only?

When was the last time you paid on this account?

Until you can get some of your questions answered, I would not admit or confirm any information regarding the account to anyone on the phone. Please take some time to understand your options before you take any action. 

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What kind of card is midland trying to collect on?

As far as midland goes, when they call again I would record the call and as soon as they say who they are and why they are calling, I would simply state "I don't recall ever granting permission to call my cell phone, but to clarify, I do revoke any and all consent."  And then just hang up.  Never worry about hanging up on collectors.  You are under NO obligation to ever answer questions over the phone to anyone.  Don't agree or affirm any amounts owed.  Say nothing other than you revoke any permission to call your cell phone.

Now, if you have other debts aside from this, then I would suggest calling a BK attorney to ask about those questions regarding your house and joint accounts with your spouse.

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thanks for the fast replys. i'll try to answer all questions. i know the original cards were from capitol 1. there are 2 and between them both its like 8k. the cards were only in my name. im guessing the accounts with midland to are only in my name but they did call my husband while he was at work on friday, how they got his phone number i dont know but when she called me i told her absolutly do not talk to my husband she tried to assure me that she wasnt going behind my back but now im not so sure. and the last time i paid was like 2017 maybe jan 2018 thats where memory is an issue. i do have other account credit cards that are in collections. i just took the 4 big minimum payment credit cards and stopped paying at the same time. thats 400.00 in minimum payments i still have 2 store cards that are current which she knew of. she says i see you dont normally just stop paying because your others are current. im thinking that hurt me because i agreed. we did think of debt consolidation but they want as much money as the minimun payments were combined a month.im going to leave this page open so i can see what to say. ill tell my husband we need to make an appt for the atty asap to find out about the house.

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i do have another question. how do i record the call? is there an app for that thats easy to use? one that i dont have to use 2 hands because my right hand doesnt work. i thought to myself i wish i could record this. also do i need to tell her that im recording or is her telling me that the call may be recorded or monitored enough? thanks

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There are apps, some are much better than others depending on your type of phone.  I have had good quality recordings with one called Call Recorder.  California is a 2-party state meaning both parties must consent to the recording.  If this were me, when they say the call may be recorded, I would just respond with "I agree" or something similar.  This is both parties giving consent.  The recordings are only to try to gain leverage for settlements down the road.  With Cap1 being the OC this will be much more difficult than other cards unfortunately since arbitration will not be an option to use.

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ok thanks. ill look in the app store for a simple to use recorder. ill try the call recorder first though. thanks for the info. im leaning to BR as my only option but need to make sure the house is safe and i need to speak with an attorney to be sure.

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