First time here. Congratulations to all wise ones on this board. Owe about 65,000 in CC debt and all accounts are in default for approx. six months. I am ill (incurable), just had a heart attack, and am legally and permanently disabled, and only income is public assistance & food stamps. Ten years of excellent payment history before illness. Just sent cease and decist letters (8 to original creditors & 2 to collectors) stating: 1. Have no income or assets to sell to pay debt 2. Am surviving through public assistance programs. 3. Am ill with no prognosis of recovery 4. Will file bankruptcy "if further collection action is taken" 5. Will "contact attorney if any collection activity aggravates my medical condition" I owe about 15,000 to a couple of creditors and over 20,000 to one (two different cards). What are my chances of being sued? Will they leave me in peace after my letter, or can I expect them to do anything they can to hurt me, regardless of my medical problems? By the way, everything in 1-5 is true. Any advice appreciated. Observer
Observer, I am so sorry to hear of your misfortune. Have you told your creditors about your situation? If so, what response did you get? If not, that would be my first suggestion. Which companies are you dealing with? Some here may have experience that could benefit you.
I, too am sorry about what you're going through. I rarely recommend this suggestion, but in your case I suggest filing bankruptcy. You have more important things on your mind then whether your creditors/collectors are going to come after you for payment. You need to take care of you and your family first. Dani
I too am so very sorry to hear of your condition. Since you have sent the letter, I imagine you will have the answers to your questions soon and will know if you need to proceed as you indicated in #4, and #5. I wish you luck and hope all works out well for you, creditwise as well as healthwise. keep your chin up! Tuit
I had some experience with this helping a relative. He had at least 20 cards in default, no income other than small social security check for $600 month. His minimum credit card payments were over $2000 per month plus he had normal living expenses. I contacted all the creditors on his behalf. Some were helpful, others were not. The collection agencies just kept calling. Here is a summary: Sears was the worst. Kept saying they wanted to take back the appliances he bought. I set up appointments for them to come, but they never showed. But, in the end, they were the only ones who sued. Penneys was the best. Said we are so sorry, we will write it off. I never heard from them again. The credit card companies called every few weeks to ask for money but accepted that there was little hope. The big pain was the collection agencies. Some called every night. One called every Saturday promptly at 8 A. M. This was before the new laws took affect on how much they could bother you. I think the bottom line is that if they think you have anything, they will keep after you. If they agree you have nothing, they will stop (with the exception of Sears). You should compose a good letter telling them all the bills you have, your assets, and your income. This is assuming that you have no hidden assets or income. Most of them will give up. Remember that they have very good methods of tracking down assets, so if they can't find any, they will not want to waste their time. The other option is bankruptcy which stops the problem quickly. But, a lot of people will not consider this option. I am also terminally ill. I have no compassion for these people. Don't go out of your way to pay them back. Your family is first. When I go, my debts go with me. The CC companies will eat them. If you are one of those with an aversion to bankruptcy, consider my advice. If they keep after you, you may want to reconsider bankruptcy.
Thanks to those of you who have responded to my post.......Thank you. Your comments/suggestions are welcome. Observer
I would file bankruptcy ... chapter 7 it would be treated as a hardship. Unrelated but also important, make sure that you are receiving all of the benefits or help that you are entilted to. You maybe eligible for in home care, such as a personal care attendent - someone who helps with basic care, some cooking and light errands. If your condition severely limits you and you qualify for nursing home care, Medicaid / Medicare may pay for this option. There are also other ways to qualify for this care. Contact your states independent living center, and or elder care services to learn more. PCA's are used to maintain independence and are often paid for with third party money. If medical hardware is needed, such as a scooter, walker ect. there maybe options for coverage as well. Independent living centers will have the information. Health insurance under COBRA can be carried for 18 months after leaving a job. Sometimes DHS will pay for this, if it saves them money. Probably too late in your case. For some people voc rehab, job retraining with all the necessary supports allows for modified employment. This opens the door for some funding (in many areas) even if you do not actually make it back into the work force. Public housing or a section 8 voucher may also be an option. 30% of income less some out of pocket medical costs. Put your name on a waiting list, decide when option becomes available. Any out of pocket medical can be reduced against your assitance to provide more benefits in many cases. This includes costs for vitamins and very basic items if medically necessary. Many cities and towns offer special transportation for medicial appointments or other basic errands for people with disabilities. Phone companies and cable sometimes offer reduced rates. Phone is sometimes called lifeline, local plan at much lower rate, cable often with reduced channels. Sometimes power companies have special plans. Out town also has a very well organized foodbank. Community concepts (or other type public program) will help with heating costs (HEAP) or home repairs where appropriate. Contact legal aid for advice or a disability advocate in dealing with issues. You may have options related to a life insurance policy, mine has a small disability program. Pays for itself and $600 a month after six months for up to five years. Some policies if you have less than a year to live will advance part of the death benefit others you can be borrow against. It is still possible to maintain a high quality of life with a disability with good supports and some planning. Talk with other people who maybe in a similiar situation or groups that deal with your ailment. Have been a contributing member of society don't be afraid to aply for all of the differnt things you may qualify for. When dealing with doctors find the ones who really care about you, if necessary follow up with teaching hospitals. In our case that is Boston 300 miles away. The trip has been the difference between life and death on more than one occasion in my extended circle. Don't be afraid to look for better soultions. Some doctors become furstrated by the fact they can not cure (heal) a disability. They forget the goal is for the best quality of life possible. Don't let the big picture over whelm you, enjoy life, live one day at a time. Sending a prayer your way God Bless.
Ditto to that, and let me add, please stick around, even if you don't have credit questions or issues. You've got friends here.
Observer, my warmest regards, best wishes, and most sincere prayers go out to you in this Season. I have a couple of questions. Have you looked into free legal aid from your city, county, state, and fed gov't, AARP, etc.? I'm guessing there is some available. One factor that hasn't been brought out so far; your family/ heirs. If you have someone who would be considered your heir, they will likely feel obligated to try and straighten this all out later. Again, please try to find a way to consult with a qualified attorney, but i suspect that you may want to consider bankruptcy in one form or another simply as a way to protect your heirs from a lot of trouble. Not sure though, just thought it was a factor that should not be overlooked.
I have already consulted with the attorneys at Legal Aid on more than one occasion. They have advised against filing for bankruptcy, basically saying that it is not necessary in this case. However, when I insisted that I wanted to file bankruptcy and "legally" eliminate my debts anyway, Legal Aid gave me referrals to other agencies siting budget problems. None of the referals would take the case, saying that "your debtor relief case does not qualify for our program or meet our bankruptcy guidelines." I got the impression that everybody seems to think that bankruptcy in a case like mine is an extra step for nothing. I'm not really sure. Basically, I was left alone to deal with my credit mess (not to mention everything else) and that's why I decided to write the cease and desist letter that's described in my original post. After reading this board and others, it's clear that the worse thing you can do with a creditor or collector is let them have the upper hand and smell your fear. Thanks again for everybody's kind words. May God (or the name you choose to call him by) bless all of you during the holidays......a lot of lost and lonely people come to boards like this looking for help. No one here is losing their time giving advice to others. Many people get in over their head and then face a system that's ruthless. This board should be called the "Freedom Fighters of Americans in Debt"!!!!! (just joking).