We are planning to file bankruptcy by the end of the month. However, I really feel I am being harassed. We have a lot creditors coming to the door and placing their notes. They even wait as long as 20 minutes to see if someone gets the note. We have not answered any calls or the door. So is there any fast relief until we file. What do I do? I tried to file a police report but they told me that was not harassment since we owed the loan companies. We live in Texas and these are signature finance companies. We already consult with a lawyer but that lawyer wants money for the filing we do not have that money. Please help! Yes these are original collectors not third party.
You live in Texas which is one of the states with the best consumer protection laws in the nation and you want to file BK? Maybe you ought to learn what the law has to say about original creditors in Texas. Maybe if you learn what they can and cannot do you might not be so scared. They can get a judgment and they can freeze your bank accounts but there isn't a whole lot more they can do to you in Texas. They can't garnish your wages and they can't take your home if you own one so about all they can do is go for your bank accounts. Keeping that fresh out of money at all times is no problem so what do you hope to gain by filing BK? Have you ever thought of putting up a couple of no trespass signs and calling the law if they get stupid enough to come on the property? No, but violating a no trespass sign is a felony misdemeanor. Use a digital camera when they come to the door and take their pictures for evidence. The lawyer wants money? GEE WHIZ! What for? Learn how to do it yourself. What is he anyway, some kind of nuclear scientist that he wants money? This stuff isn't rocket science for heaven's sakes. And if you don't have money to pay a lawyer then how on earth are you going to file BK? That is really expensive in more ways than just the money and you still might not get out of paying them.
I don't think the transpass signs will work because we live in apartments. I have just thought of moving but who knows how long this will keep going?
sol texas is 4 years.. However, i have been past due since august on these accounts because that is when i started having medical issues,etc.
You are probably right. Wouldn't work too well in an apartment complex. I'll answer Bob's question as well. Statute of limitations in Texas is 4 years.
Maybe just some peace? I have mixed views from people. Many just tell me to go consumer credit counseling. I will not be working any longer for awhile due to medical reason. so we will have to depend on one income for a family of four. So im not sure which one to go with bk or consolidate? I mean i don't think we can afford either we are barely holding on at this time. My husband is barely making 1000.00 a month due to reduce hours.
Neither one. You can't afford either one even if they were a good thing to do which they are not. Bk will end up costing you at least a couple of months worth of wages and probably more than that. So don't even think of doing that which you are financially unable to do. That is below federal poverty guidelines for even one person, let alone four. Have you tried getting on food stamps? How about help with the rent or payments? With that kind of income for a family of four you ought to qualify for some help at least.
yes, we are the works of getting help. I just need help with these creditors, they just dont get it that due to medical issues we can not pay them at all. We are only looking at bk for some relief and stop the harassment of them coming over everyday almost.
It isn't only them who don't get it. What they don't get and don't want to get is the fact that you cannot pay them. It also seems that you don't get it when you seeming fail to understand that they are original creditors and are not subject to any provision of FDCPA but might be subject to the provisions of the Texas consumer protection laws. If they are not subject to Texas consumer protection laws there is little or nothing you can do until they turn it over to a debt collector or an attorney. About all you can do is use your caller I.D. to stop the phone calls and just don't open the door as you are doing now. You might just have to put up with it for a while until they get tired of chasing you for nothing and start doing something else like sending you to a debt collector or trying to sue you and then if you have learned your laws and your rights under the law as well as what they can and cannot do you will be able to make them go away and leave you alone. Teach them that there are far easier targets than you and they will go away and leave you alone. Running to bankruptcy attorneys and debt consolidation companies will only result in more expense and misery later on. You just need to understand that the future is in your hands and it is up to you to learn how to control it instead of letting others control it for you.
