I'm in the process of getting my paperwork filled out to file bankruptcy. I wanted to call one last time to get my balance to put on the papers. I'm sure they've added some charges since last time. Most places you call have an automated system that you can enter your information and get your balance. This one I called asked for my account number. Once I entered that, they sent me straight to an operator. I asked the guy what my balance was. He asked me if I intended on paying a payment of $951. I told him I needed my entire balance. He asked me why I ask for the balance if I'm going to make a payment. I said I need to know how much I owe total. He says "Sorry, sir. Have a nice day" and hung up. He refused to give me my balance. Is that a trick to avoid me filing bankruptcy on them? The last time I got my balance was on the 13th, that was 10 days ago. I'll ask my lawyer if I go today. Looking like tomorrow now. Just thought I would ask here and see if anyone knows.
I would call and see if I can get someone else and if they do the same thing I would ask for a supervisor. How would they know if you were going to file for BK? Did you tell them taht at anytime?
I didn't tell them. I think they figured it out. I told the lawyer I couldn't get all the info I needed. She asked me, "They wouldn't tell you anything would they?" Credit Card companies know when you're getting ready to file when you haven't made payments in a while and all of a sudden start asking questions about the account. Not sure why, but they don't want to help you in any way, so they just hang up. It's all good. The lawyer will find everything out. Now I can tell them to call my attorney if they call wanting money. The peace has begun, but it's not over yet.
How annoying...well, at least he called you "sir". Don't you have access to your account online as well? You can easily get your balance that way.
I HAD access to my account online. I tried that too. He wouldn't tell me what I wanted to know, so I went to the website. I entered all of my information and got a message saying my info was incorrect and I needed to call them. They shut me out. If I wasn't going to attempt to make a payment, I wasn't going to get any information. The attorney fees, credit counseling, and court costs totaled $1,100. I thought that was high, but maybe not so much now. She has to deal with these people now and that's worth the money she gets. I'm waiting on some of these people to call me now wince I've paid my attorney and can tell them I'm filing bankruptcy. The calls probably won't stop completely for a while, but at least I can turn my ringer back on during the day.
What I'd like to know is what the whole thing cost you and whether or not the court made you pay them off anyway. It might be another 5 years before you can tell me all that but it just might be worth the wait.
I am currently drawing $122 a week for unemployment benefits. That's $488 a month, but there are only 9 weeks left of that. I've already drawn for 26 weeks. This is my first extension. I owe a total of $31,500. That's approx $5400 for medical costs, a 6 day stay in the hospital for a staff infection, and the rest of the debts owed is spread around over 5 credit cards. She said I was definitely qualified to file Chapter 7 bankruptcy. I don't know for sure how the court thing goes, but a friend of mine told me a little. The lawyer said the day in court will take about 2 minutes, if there is nobody there to contest the debt. Hoping the court won't make me pay. I graduated high school, but without a college degree I'm stuck in the minimum wage paying jobs, if I can even find a job. Why would you say 5 years? That's something nobody has mentioned to me.
The attorney is obviously correct. The court won't make you pay anything on your debts. Of course you will have to go to debt counseling and I understand that may cost even more money. Has she advised you about that or have you asked about that? My understanding is that you have to take an hour of counseling which always turns out to be pretty useless and costs a fair chunk of change. I don't know how much but I've hear it can run up to as much as $600 but then you can hear anything on the net. Whether there is any truth to it can and often is another story. That is something else I'd like to know more about. That won't be the case if you qualify for a Chapter 7. That only happens when you have a good job and can't qualify for Chapter 7.
The Credit Counseling is added into the total fee you pay. $1,100 takes care of everything. Not sure how counseling goes in other states. But, my friend that filed and my lawyer both told me they send you home with a DVD to watch. You go back to her once you do that and take a test on what you learned on the DVD. Just turned in a stack of paperwork yesterday to her and took care of the the $1,100 fee. Now, I'm waiting for her to call me back, probably sometime this week. That's when I go back and get the DVD. Once the counseling part is over, she said the Court date would be around 3 weeks after that. It's a lot of paperwork and a lot of trouble, but it's really easier than trying to pay off credit cards barely making the minimum payments. I wish I had went ahead with this back in February when I lost my job. Surprises me how many people file for bankruptcy. My friend said that when you go to Court, the room is full of people doing the same thing you are. The lawyer told us that Bankruptcy is all she does. There has got to be tons of people that do this for her to make a living at it.
Yes there are a lot of people filing so don't feel bad about it. Sometimes you just need a clean start. My sis and girlfriend had to file. They had multiple homes and when the economy went south they couldn't sell or find reliable tenants. Now I'm in the process of cleaning up their credit, which i figure will take about 12 months or so considering all the stuff they have on there. If you get the opportunity get a secured card when you can but only use it for VERY SMALL purchases like $10 or so to start creating some positive TL's. It will make the credit rebuilding process easier as time goes by. I wish you much success
Don't surprise me how many people file for bankruptcy given all the hype and hoopla about how great it is. Lawyers make it sound like it is the greatest thing since sliced bread. What surprises me is how many people actually fall for it once they understand the dark side of it if they ever do. $1100 is pretty cheap compared to what many have had to pay when filing for a 13. Chapter 7 is much better than a 13, of course but the problem for most is qualifying for it. What is really sad is that for a lot less money they can not only do the same thing and end up getting paid for doing it as well. Just imagine the differences. You get off cheap because you can do it for only $1100 and you also get rid of all your debts without having to pay any of your creditors. Most have a far rougher time of it than that. But how good is paying $1100 compared to paying a lot less than that and end up with a few thousand bucks in your pocket, your credit all cleaned up and your expenses all paid for on top of that? You just might have had to spend a few bucks learning how to do it if you couldn't figure it out for yourself and around $350 in court costs. When you get done you can get paid anywhere from maybe $2,000 up to an amount of money you can't even estimate in advance plus your court costs and attorney fees on top of that. You get rid of judgments and adverse credit listings as well. Bankruptcy can't get rid of judgments but you can do that easily. Get them off your record at the court house and get them off your credit reports too. You don't have to worry about rebuilding your credit score either. Just let those who put those adverse reports on your credit take it right back off whether they like it because it is part of a court ordered settlement agreement and it is supervised by the court to make sure it happens. How to do it isn't some big mystery and it isn't rocket science. On average about 300 to 500 people a month do it and while some do hire attorneys to do it for them, lots of them do it without attorneys and get paid the attorney fees as well. Now do you understand why I am surprised that so many people fall for the bankruptcy scam?
If that's the case, and you can get by cheaper without a lawyer, then that would be the best way to go. But, I never knew anything about it and nobody I knew ever mentioned it to me. All I know is I paid $1,100 and I owe nothing else. It's better than paying nearly $500 a month in minimum payments for the rest of my life. The way you described sounds like the best plan. But, Filing for bankruptcy sure has seemed to calm my nerves a lot. I have 5 credit cards. One called for payment this morning and it felt good to give them my lawyer's number. It seems so much more peaceful already.
not easy on the nerves thats an understatement cap1 the potential reward is great...but if your new to the game - your a minnow among sharks...often times you end up spending several times over what a bakruptcy would cost seeking advice and help form others only to find out you have been fleeced. should you survive not only will you have your self-esteem in tact but you will also have gained a new skill set in which you can help others
Helping others is a noble idea indeed but there are many pitfalls along the path that must be overcome. Learning enough to be able to help others isn't easy and takes a lot of trial and error. The banks, the debt collectors, the attorneys and the courts have it all down pat. They have developed a system over the years that works extremely well for them and they have been developing that system since long before the time of Christ so they have a big head start. (LOL). Learning how to beat that system isn't easy and it isn't cheap yet some of those who seek the help of non-lawyers seem to think that somehow it should all be for free or nearly so. A person can easily frequent these message boards and learn what to do but learning how to do it is another story entirely. Learning how to do it well enough to help others almost no matter what comes your way is an entirely different thing. Every time one thinks s/he knows it well enough to help others is the time they will soon learn a new lesson and they will learn it the hard way. But learning the lessons the hard way isn't even enough to be able to beat the system. New methods have to be constantly developed and put into effect. That means there are going to be even more hard lessons that must be learned and it don't come cheap. Look at what has happened to the validation letter idea over the years. A man I know quite well read the new law back when FDCPA first came out and saw the light. He developed a new device he called his validation letter. It scared the daylights out of all the debt collectors and worked like a dream. But the debt collectors caught on in a couple of years and it became old hat. Soon copy cat letters got scattered all over the internet and the debt collectors were no longer frightened by them. So another new trick had to be invented and it was called the estoppel letter. That too scared the daylights out of the debt collectors for a while and then, like it's predecessor became old hat and scared nobody any more. Newer and more effective methods had to be developed and they were but they too became obsolete. Nobody paid any attention to them. So new methods had to be developed once again and that has been done too but even that will soon enough become worthless as debt collectors and attorneys learn how to deal with it. Newer methods will have to be developed and doing so will take time, effort and money. Mistakes will be made along the way. That will leave some people unhappy and disgruntled but it must be done. Medicine works that way too. Doctors have to learn as new diseases come along. Doctors have to learn the hard way too but they get to bury their mistakes. (LOL)
helping others is a noble idea quit true cap1...and isn't that what many of the people of this board with experince attempt to do. they have been through the fray and share the personal expereince the best the can without disclosing too much. i realize a few of the more senior people offer a more detailed service for a fee...but the intial help posted here is always free. there are other like flyinginair that started here and has moved on helping others in a differant forum you are absolutely correct about things change repdily and some things out there never really work... let me give you as a minnow an example of the couple scams i was able to avoid granted all cases are differnat but here as few sams to avoid--- novation..(accord and satisfaction) anytime you see that..start distanicing yourself from these people as soon as possible...there is some case law (i don't recall) they always like to bring up..however if you read the case the company in question had a returned the money to the people. the novation scam artist always like to use this case law as their hook to hang thier hat on. newbie's out there if you see this run the other direction as fast as possible..it will save you the $3009+ they typcially charge + a lot of damage control in the future...and it never,,i repeat never works another one to run from is curtis richmond...google him...he like's to threaten judges and attorney's...he has a rep and if you read the stories on the net...you'll get chuckle...held a court on a indian reservation (as an aribitrator)and issued judgements against anybody in the court system that was not bowing to him..there's more but you'll have to do your own research i almost fell for both of these..they can be very convincing..thankfully common sense won for a change and i avoided both these pitfuls with out duing the proper due diligence prior to walking away..this was months ago and i just recently googled mr Richmond. i also recently just found out the skkiny on the novation as well..i was lucky here in both cases...newbie's beware there are people out here that can provide invaluable assitance as well as those that will take your money smiling like a chesser cat...and i promise it will be months down the road before you are know you are taken. as cap 1 pointed out there are many out here that tell you what to do but how to do it is a completely differant story. you can spend months on here reading the the board and might be able to read through all the "stuff: to figure some of it out...bit more than likely you will need some assitance of some kind. i dont offer any and am far from being able too. also as cap1 ponted out your ususally are going to have to pay someone for this assistance. they are not lawyers and do not offer legaly adivce...but give insight on how to accomplsh you goals.. nothing in life is free....i recentrly took a job in sales...i have not worked in sales in over 25 years...my prior life (pre-economy) i did something much differant.. this sales job is commission only...the potential is great..but nothing is free..if i dont put forth the effort...i am not getting any check..and older gentlemen i was pitching the other day was saying the same thing to me and l loved his analogy...if somebody gives you a cigar...just might as well sit down and smoke it there..as they are coming back for the ashes...i loved that.. moving along ..a few months ago i enlisted the help of an indivual...the vote is still out...my self, i did not do near the research on that person as i now advocate for others to do before parting with thier hard earned money. it's part of the learning process - many things that were supposed to be setup and in place were not and have not materlized. What i thought i was getting and what i have gotten to date have been two differant things...bottomline is i personally i like this guy..and still want to believe in him...i want to recomend others to him...i am not going to put him on the DNC( Do not call - for newbies) list at this point as i am still hoping that he deliver. for the sake of all the newbies out there i will be advocate for you guys the best i can...when i see or am aware of a new scam out there on the debtors.. i will post it here for others to make them aware so they can make a more educated decison... i can not emphazie enough out there fishes (newbies) due your research before parting with your money...these guys are good and are very convincing. they are not all scamsters...some of them do have invaluable services to offer. - they are not all the same....they are not one stop shops either...in the first part of your journey....you will need help in one area and futher down the road you will need help in another...so expect to have to enlist the help of a few differnat people...just like any professional...these people typcialy offer services in a limited area...that is to be part of your due dilignece...once again this is from expericne...once you find an person and are willing to part with some hard money...Don't be afraid to ask the details and limits of what that person offers... some people concentrate only on consumer affairs with debt collectors...others will teach you how to rebuild your credit with trade lines... finding someone to help with perosnaly guarenteed bussiness debt is a whole other area... ok..here's a free one out there for you guys and gals...record all you conversations with debt collectors, or anyobdy out there for that matter that might prove to be a ligitous matter.... although ...most of the time the recording itself is inadmiisable...however logs are- after the call..take pen and hand and log the converation on paper-from you recording. then mail a copy of what you logged to that person cmrrr. this gives them plenty of time to challenge it..if and when you go to court...you can just wave the recoding device around if challenged to justify your log......it's another tool and who know's how the judge will respond... you have done 2 things...you have documented a conversation.. and have mailed the person a copy giving them plenty of time to object. no objection is often viewed as consent...look at accounts stated... anyway enough for now... i hope i have provided some insight..to those that have started this road less travled...
Ahh yes, but you haven't even started to make a list of all the scams and scammers out there and of course such a list would never be completed as there is always a new bright idea out there. I think I will start a list of scams and scammers on my google docs page and leave it open to editing so others can add to it as they please. I won't need to make any announcements about it here because all anybody has to do is click on the link in my signature line and look in the left hand column of the page and look for the two links which I will label infamous scams and infamous scammers and you can either check out the lists or add to them as you see fit. You won't have to log in to anything or leave any email addresses or anything like that. Use a screen name if you wish to do so or don't. I don't care. Ok. It is a done deal. I used your two examples to start the ball rolling.
just the tip of the ice berg your right cap 1...i just listed the ones i barely escaped from. that are currently circulating now. you are probably aware of many more with your extensive experience and i am sure many people, including myself, would find that list very helpful. another one..frankly is any credit repair service that offers you to consolidate and recomends a payment plan..is scamming your money..run as fast as you can the other way. what any decent credit conslidation or credit repair company that will speak to the creditors on your behalf will tell you the score on the front end. stop making payments....save till you have enough for about 30% of the debt. if you are a true canidate for bankruptcy you might be able to use that to get them to settle for less...but that is a big maybe...if you bk chapter 7 they get nothing. payment plans do nothing but get you further in debt...i have yet to find anyone that has benifited from a "reduced" payment plan with a credit consolidation service. a reputable company will charge about 10% of the debt for the serivce... and you dont settle for without a paid in full (pif),nothing less. A settle in full (sif) is worhtless and your setting your self up for a 1099c from the creditor with an sif...the damage has already been done to your credit report....anything less does not bandaid the wound. personaly i would not agree to anything unless they agree to remove any and all degrogatory information as well...i repeat the damage has already been done...and will remain on the credit report for 7 years whether you pay the bill or not. There are lots of alternatives.to repair your credit score and wipe the slate clean.; but as stated by you earler in this thread by cap1 they are not for the faint of heart. 1)BK---you will be humbled and humilated for your poor decison making that lead to you current distress...and you might not qualify for chapter 7---don't trust anyone...not even you attorney...if your opting this route have your attorney show your the laws that define the qualifications for the differant types of bk. you will have to go two stupid criedit counsleing services..they typcialy cost around $50-60 each...they are stupid..because what if your reason is because a loved one got sick and you had to take care of them and/or insurace didnt cover..and there a myrid of other reasons..but supposing you survive all of this...even if you file thier is not a 100% guarranty that the bk will be granted...and once filed it is always on your record...15 years later your filing out an app and the question is posed "have you ever filed BK? do you see the word "filed" if you awnswer no..you are commiting fraud.. another thing to consider with bk..should your life circumstances change within the year after filing..(ie super job, lotto, inhiertance) the pardon can be redacted and you have to pay all you creditors back and the bk filing is still on your record for life 2) take your lumps as they come...learn how to beat the debt collector and rebuild your credit...it is not easy. however it is much more rewarding than option 1 or to contiune to flush your money down the toliet with a consolidation plan that gets you no where and your credit is already damaged. regardless of what anybody tell's you expect to spend at least what you would in a bk for the proper training and to insulate yourself. there are no guarranty's anywhere..and should life just become unbearble there is always the humilating option one... i have started working with an indivual at this point the vote is still out. i have already paid out more than what a bk would cost me. i have yet to yield any results from my hard earned money. i am stating this so other people will understand that miracles don't happen over night. it does take time to get things in place and running correctly as all states have differant laws as well. this is not a free pass either...if takes time and effort on your part to regain your freedom again . But as cap1 noted earler if you are stalwart and steadfast not only will you get your score back and eliminate the debt, you could very well put a few extra bucks in you pocket as well. i really hope my "aid" works out...becuase if not; not only has he injured me of my financial resources..he has robbed me of the precious time that i had allowed for to address these matters in proper fashion. people i can not emphize this enough.. 1) research , research, research...anybody your considering giving you rmoney to for aid in these matters.. many, many scammers out there..cap1 has started a list on his links page...go there ot check it out 2) don't come to anybody at the 11th hour looking for a fix...there is none.. you were served 3 weeks ago and your court date is on monday..your pretty much screwed..but i am going to give you another free one.. ask the judge for 90 days to seek legal counsel...this gives you time..what many of the court rooms have adopted is at the hearing before a court date is set..you and the plaintiff are usered to another room to "work things out" DO NOT ADMIT ANYTHINIG...deny all his paperwork- all paper work is HERESAY object to any of his affidavits as heresay... he might show some statements and ask you if these are your statements.. they are not your statements..your reply is no he will ask you if you if that is your name and address your answer is yes if it is true and he might ask aobut an account number..your reply is.. i do not recall he might ask you if you ever had an account with xxx and reply truthfully he will then most likely ask how can these not be your statements..your reply is because your client produced them therfore they are his statements.. provided you get through the pre-trail hearing with out tripping and admitting anything...you have just bought yourself most likely 60-90 days till your date with the hangman. Quite often when you show the will to fight they will back down on or before the court date...due to the cost of continuance...dont bet on this..you better have your butt ready....you need to study your local rules of civl procedure and..i recomend finding somebody to hold you hand through at least the first one..you might spend a few hundred but at least you have some support.. back to research...research..research... should the person i am using...fleece me..everyone will know..and should he prove an invaluable aid..i will promote him if he wishes.. as stated earler in this thread folks..i am learning the hard way..i let go of my money before doing all the appropriate research and putting the correct stops in place...i was full of fear and desperate..have i been scammed? i really dont know yet... folks your freedom is out there if your willing to fight for it research...research...research... check out the cap1 links place also for scammers before you part with your money
