How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cfortunato Your Own Question

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
14232603
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

I have large amt. of credit card debt. 37thou. I am seventy,

Resolved Question:

I have large amt. of credit card debt. 37thou. I am seventy, only income SS. I used up my savings and made last payments in June. No house. Car 1998. I have been ignoring debt calls. What should I be doing? Talked to NFCC person about debts. Payment est. is more then I have after monthly bills.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Consumer Protection attorney here to assist you.

cfortunato :

There is little that you can do about getting calls from the credit card companies. However, most credit card companies eventually stop trying to collect those debts, and they then sell those debts to collection agencies.

Customer:

Yes at least one has

cfortunato :

Collection agencies must abide by the Fair Debt Collection Practices Act. Because of the Fair Debt Collection Practices Act, if you notify collection agencies in writing that they should stop contacting you, they must stop, or you can sue them in small claims court for up to $1,000 for every time they call you after they receive notice to stop.

cfortunato :

Credit card companies usually stop calling within 6 months after you stop paying, after which they sell the debts to collection agencies.

Customer:

How likely am I to be sued for debt if I continue to ignore them?

cfortunato :

Collection agencies usually check credit reports and property records before deciding whether or not to sue. Once they see that you are not working (so they cannot garnish your wages), and that your only source of income is ss, and that you do not own anything that they can take, it is unlikely that they will spend the time and money suing you.

cfortunato :

Social security income is exempt (protected) from collection efforts - so they cannot garnish your social security.

Customer:

Just keep calling, i suppose

Customer:

Is filling for bankruptsy worthwhile in this case?

cfortunato :

In other words, given the information you provided, you are ''judgment-proof", which means there is nothing a creditor can do if they get a judgment, so there is no sense in their going to court to get one.

cfortunato :

Well - again, if you notify them in writing to stop calling you, they must stop calling.

cfortunato :

Filing a Bankruptcy will offer peace of mind - as the phone calls have to stop as soon as you file.

cfortunato :

But there is a $309 Bankruptcy filing fee.

Customer:

Also I would probably have to go to Sacramento. Can't drive in strange places after dark. Waiting to get cataracts removed. Guess this answers my questions.

cfortunato :

Given the information you provided, it is not necessary for you to file a Bankruptcy.

cfortunato :

This is because you are "judgment-proof", which means there is nothing a creditor can do to you even if they go to court to get a judgment.

Customer:

Thanks . Unless I win the lotery, which I rarely play I guess I will Just continue as I have been.

cfortunato :

You're welcome! And I hope you win the lottery.

Customer:

Thanks again but I know the odds. Goodby

cfortunato :

Goodby. But before you leave, please don't forget to provide a positive rating for my help.

cfortunato :

Thank you!

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.