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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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not sure if i am in the correct category. I need advise on

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not sure if i am in the correct category. I need advise on my debt situation. I am disabled and claimed bankruptcy in 2008. took a 65% decrease in salary. so distrubed that capital one offered me a $5000 cash advance credit card after my bankruptcy.. I was ok paying it until i totally ran outof money. I have been working with their hardship dept who is not helping me at all. I am left with $150 to live / eat for three weeks. I ask for their assistance and they continuosly ask for $200 a month. I cannot afford to pay them and they are giving me the run around. I am diagoned with severe anxiety and depression and cannot continue this for another second. what do i do ?? Just a FYI -prior to my bankruptcy I hired a debt consolidator firm that ripped me off for $2500.The FTC just sent me a notice and asked if I wanted to file a claim against them.. which i did but who know what I will get back. PLEASE HELP ME. WHAT DO I DO WITH CAPITALONE. THEY KNOW MY SITUATION
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.
Are you receiving disability as your only source of income?
Do you have any substantial assets (house, car, etc)?
Customer: replied 6 years ago.

i only receive disability income. I own a home that I could afford when I made $90,000 a year but now in making approx 24,900 a year. I applied to the program that the president put in place- making home affordable - and after a year was just approved. they decreased my mortgage by approx $200. I like to mention that i owe back taxes because prior to me becoming disabled I lived off my life savings and did not withhold enough taxes from the premature withdrawals. I know that u didnt ask about that but I want you to be aware of all that I am going through. I am so sick over everything .. can not take another minute of 'begging' capital one to help. and on top of it... i am not mentally or physiclly capable of dealing with collection agencies, harrassing phone calls. I am very very anxious and dont even go outside... all this after working for 27 years for the same company... my life is horrible

Expert:  cfortunato replied 6 years ago.
Is there any equity in your home? (Is your home worth more than the balance on the mortgage? If yes, how much more?)
Customer: replied 6 years ago.
no equity
Customer: replied 6 years ago.
Expert:  cfortunato replied 6 years ago.
Last question - do you own a car? If so, what is it worth, minus any amount owed on it?
Customer: replied 6 years ago.
Expert:  cfortunato replied 6 years ago.
Since you have no assets, and your only source of income is disability, there is nothing CapitalOne can do to you if you do not pay them. Disability income is exempt from collection, but if you get direct deposit, you have to notify your bank in person and in writing (so you have proof), that all the money in your bank account is from Disability, so they cannot ever freeze your account for CapitalOne or any collection agency. You have to also make sure that all the money in your account is from Disability. If it is not, you may have to open a new account.
You cannot stop CapitalOne from calling you. However, you do not have to speak to them, as doing so is probably a waste of time. When I receive unwanted calls, I tell the party to hold on, and then I just hang up on them. If they keep calling back, I take the phone off the hook.
After a few months or so, they will stop calling.
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