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Ray, Lawyer
Category: Legal
Satisfied Customers: 42909
Experience:  30 years in civil, probate, real estate, elder law
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I live in, DC. I'm hoping to get some advice on one of my

Customer Question

My name is***** live in Washington, DC.I'm hoping to get some advice on one of my creditors who is refusing to cooperate, Discover Personal Loans.I have been working with a debt settlement company, Performance Settlement, for almost a year now. They have been able to get almost half of my debt settled with no issues. Unfortunately, Discover Personal Loans is not one of them. In 2016, I took out a $10,000 personal loan with Discover because I did not have enough money for my bills. I guess you can say I was irresponsible with my money. I'll admit that. I put myself in this position. I finally realized that I wasn't making enough money to pay the bills that I accumulated. So, I reached out to Performance Settlement.Fast forward to August 2, 2017, I receive a summons regarding the Discover Personal Loans. A stranger came to my home to deliver this document. I was not at home at the time (By the way, I live with my parents in DC). That scared me to death. Well, I send the summons to Performance Settlement the next day by fax. I waited a couple of weeks so they can review and find out what my next steps are. I call them only to find out they did not receive it. They suggested that I send it by email. I send it again and they didn't receive it. So, I send it a third time this week and they received it. Little did I know, I was suppose to appear in court which I didn't know. That's why I sent it to Performance Settlement so they can advise me. Unfortunately, it's too late and the creditor is refusing to cooperate. Now, I can no longer deal with Discover and now have to deal with Zwicker & Associates, who is listed on the summons.So, I spoke with Performance Settlement today. Zwicker & Associates only gave me two options:
1. Pay $9,000 all at once.
2. Make a $900 down payment by September 18th and pay $850 a month going forward.I either do one of the above. No other options for me.I have a job and I only make $35,000 a year. There is no way I could pay $9,000 in one lump sum. Honestly, there's no way I can afford $850 a month.This has stressed me out and I'm in tears. I'm so disappointed that one, I did not get advice from Performance Settlement on this matter and two, Discover is not being fair. In no way, was I trying to ignore the summons. I did not know I had to go. Performance Settlement did not give me any advice. I didn't know what to do. I tried to explain this to them.I did some research on Zwicker & Associates and the comments and reviews are not good at all. Some commenter's stated that they are scared to deal Zwicker & Associates because they can be too aggressive.I believe that there are other options out there for me. I have no problems in paying the loan back but the payments that they are requesting especially since I make so little. Discover is basically taking my monthly check leaving me with little to no money in my pocket. Also, I feel that Discover and Zwicker & Associates have ruined my credit report and trying to ruin my livelihood. I'm too scared to look at my credit report because of Discover and Zwicker & Associates and what they may have put on my credit report.
JA: Since laws vary from place to place, what state is this in?
Customer: Washington, DC
JA: Have you contacted the manufacturer?
Customer: No. I've been working with a debt settlement company for almost a year now. They've been helping me clear my debt.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. Discover Personal Loans is the creditor that I'm having a problem with. They are asking me to pay $9000 all at once. I only make $35K a year. I don't have that kind of money.
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
I sent a copy of the summons to Performance Settlement as soon as I received it only to find a couple of weeks later that they never received. I didn't understand what the summons meant and that's why I sent the document to Performance Settlement so they can advise me on what to do but that never happened. I'm very scared of Discover and Zwicker & Associates right now. I don't have the money and I live with my parents. My that they may try to get to my parents. I don't want that to happen. I really need help!
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 1 month ago.

Cynthia your only real option here is to file Chapter 7 bankruptcy.They have a judgment that you likely cannot afford to pay.Debt settlement companies unfortunately make promises to people they cannot keep.So Chapter 7 you can file yourself pro se and discharge all debts and start over fresh.Honestly it won't hurt your credit more than this judgment and you can start fresh.It takes about a year start to finish to complete Chapter 7..

Forms and self help

Here’s a list of the forms most people need when they file for Chapter 7 bankruptcy. Some of these, however, may not apply to your case. For example, if you are not requested a filing fee waiver, you won’t need to fill out Form B 3BA Application for Waiver of Chapter 7 Filing Fee.

B 101 Voluntary Petition for Individuals Filing for Bankruptcy

B 101A Initial Statement About an Eviction Judgment Against You (only if you have eviction judgment against you)

B 101B Statement About Payment of an Eviction Judgment Against You (only if you have eviction judgment against you)


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    B 103A Application for Individuals to Pay the Filing Fee in Installments

    B 103B Application to Have Chapter 7 Filing Fee Waived

    B 106 Summary of Your Assets and Liabilities and Certain Statistical Information

    B 106A/B Schedule A/B: Property

    B 106C Schedule C: The Property You Claim as Exempt

    B 106D Schedule D: Creditors Who Hold Claims Secured by Property

    B 106E/F Schedule E/F: Creditors Who Have Unsecured Claims

    B 106G Schedule G:Executory Contracts and Unexpired Leases

    B 106H Schedule H: Your Codebtors

    B 106I Schedule I: Your Income

    B 106J Schedule J: Your Expenses

    B 106J-2 Schedule J-2: Expenses for Separate Household of Debtor 2

    B 107 Your Statement of Financial Affairs for individuals Filing Bankruptcy

    B 108 Statement of Intention for Individuals Filing Under Chapter 7

    B 121 Your Statement About Your Social Security Numbers

    B 122A-1 Chapter 7 Statement of Current Monthly Income

    B 122A-1 Supp Statement of Exemption from Presumption of Abuse (only if you qualify for an exception to the means test)

    B 122A-2 Chapter 7 Means Test Calculation (only if your income is above the state median income)

    Chapter 7 here is the way to deal with this.

    I appreciate the chance to help you today.Thanks.

    If you can positive rate 5 stars it is much appreciated.

    Expert:  Ray replied 1 month ago.

    Before you can file for Chapter 7 or Chapter 13 bankruptcy, you must have proof that you received credit counseling from an agency approved by the U.S. Trustee in the District of Columbia within the six month period before you file for bankruptcy. You’ll also have to take a debtor education course after you file, before you will be granted a discharge. (To learn more about this requirement, including the rare exceptions, see Credit Counseling & Debtor Education Requirements in Bankruptcy.)

    Washington D.C. has a set of bankruptcy exemptions which help determine what property you get to keep in a Chapter 7 bankruptcy, and play a role in how much you repay creditors in a Chapter 13 bankruptcy. (To learn more, see our Bankruptcy Exemptions area.)

    In the District of Columbia, you can choose between federal or District of Columbia exemptions.

    To learn about District of Columbia’s exemptions for your home and car, including the federal option, see The Homestead Exemption in the District of Columbia and The Motor Vehicle Exemption in the District of Columbia.