I have been sued by a credit card company, want to file bank

Submitted by Lauralyn on Wed, 02/24/2010 - 18:23
Forums

Hello,

I need some direction please.......I am getting sued by a sleazy credit card company, and think I want to file bankruptcy. Does anyone know a low cost attorney who can help me file?
The company is Portfolio Recovery Associates.

I am looking for full time work, and don't have money to file, but would want to pay no more than $200.00.
This would be for Ventura County.
Please help, suggestions welcome.......

Thank you so much....

Hello Lauralyn,

I am familair with Portfolio as they were a collector on one of my debts a long time ago. They can be really sleazy as you said. Have you went all the proper routes and asked for debt validation? If not you should really get that done. They usually do not have proper paperwork to collect. Now if you feel you have to file bankrupt realize it is a lot longer process now. Once you do file they have to stop collection attempts. Under the new bankruptcy laws you will have to undergo counseling and it will be determined by someone else whether you are eligible.
As for cheap atty. They usually do not exist but some do run "deals" from time to time. In our state we have a place where people can get free atty depending on your income. Maybe you could check with your state and see if they have this available.

Wed, 02/24/2010 - 21:13 Permalink

Hi Lauralyn,

I agree with fireyone. You should send a debt validation letter ASAP. The company or the collection agency won't be able to continue with the collection process, unless and until they validate your debt. If they won't be able to validate your debt properly, you can dispute the item off your credit report.

Now, after the proper validation, you can try to make them agree to a settlement. With the settlement, the outstanding debt amount gets lowered by atleast 40-60%. So I don't think, you need to file bankruptcy. Because, bankruptcy stays on your report for 10 years and damages your future prospect of getting loans and credit cards.

Write a hardship letter to the company, attaching your monthly income and expenditures, and request them to settle the debt amount to be paid. However, if they don't comply, you may have to file bankruptcy. Many states have attorneys who give free counseling. You can check out in your state, if you have one.

Thu, 02/25/2010 - 07:01 Permalink