Would filing bankruptcy help relieve some of the financial burden I am carrying?
Full Question:
Last year, my bipolar husband was ordered to pay $50.00 per month for an old credit card debt for which he has no knowledge and was given no information that he recalls. Due to the factors involved in his disorder, he does not handle finances or much of life well, so everything falls to me to handle. Over this summer, during an episode, he destroyed many household files, and this payment arrangement was forgotten by me. (I'm not unintelligent, just getting burnt out from the stress and chaos his diagnosis creates). When another summons arrived due to my nonpayment, I called the attorney to get the amount owed and explain the payments would restart now that it was brought to my attention again. He gave me the missed payment amount and would accept a check for the total. He also told me that he was still going to court to get a wage assignment to ensure the payment would be appropriately made in the future (which would make things easier for me), the payment amount awarded was ridiculous and would never be paid off and my husband didn't have to show up for the hearing. Because of the conversation, I hung up believing that the lawyer intended to have the $50.00 per month taken as a wage assignment and sent out the check for the past due amount. My husband did go to court for the scheduled hearing, was asked by the judge if he understood what was going on, said no, was told it was for a wage assignment because he'd stopped paying and to speak to the attorney outside the courtroom. The attorney told him they were done and he could leave, according to my husband. A week later, his payroll dept called and showed him a 'Summons to Trustee' letter instructing them to withhold, not the $50.00 per month, but 'an amount not exceeding $125 per week of such wages are exempt from this attachment and you are directed to pay over such exempted amount to said defendant in the same manner and at such time as each such amount would have been paid if this attachment had not been made.'
Since the payroll head didn't understand what it meant, he called the credit card attorney who faxed him instructions with 3 options-1. Determine the employee's disposable
earnings for the current pay period. (everything after Federal, state and local taxes). 2. Withhold from the employee's earnings the lesser of: i. Twenty five percent (25%) of the disposable earnings for the workweek; or ii. The amount by which disposable earnings for the workweek exceed thirty times (30x) the federal minimum hourly wage; or iii. The amount by which disposable earnings for the workweek exceeds one hundred and twenty five dollars(125.00). The pay period is every 2 weeks, the credit card attorney told the payroll dept. to send them $175.50 every 2 weeks and that will continue until the debt is paid.
Interest at an unknown rate is also allowed to accrue, making the claimed debt of $9000.00 one year ago now become an $11,000. claimed debt, and we have never been given any documentation to show when or how this debt came into being. I admit that it is difficult for anyone who doesn't live with an individual with bipolar disorder affecting their lives to understand how something as simple as writing a $50.00 check each month could be overlooked and I accept that it happened. I know that saying ' due to the behaviors and chaos at home, I forgot' is considered simply a meaningless excuse. Since this judgment is being enforced
according to the credit card attorney's $351.00 per month payment instructions to the payroll dept, should I consider it being ahead of the game that they don't take everything except $125.00? Since we weren't making it financially anyway, we will be filing for bankruptcy to help save the house. The mtg, although only $1100.00 per month, had become a struggle after I lost my job due to downsizing. He can't sell it until a new (and unaffordable) septic and heating system is installed and other systems are brought up to date.
Is there a way to get the interest stopped while this debt is being paid off? Is there a way to get information about this debt and when or how it began? My husband has no recollection or paperwork like old bills on this. The cc attorney told me that despite what they tell the court, they don't send letters or make any phone calls before they go to court.
05/01/2009 |
Category: Bankruptcy |
State: ALL |
#16508
Answer:
While federal law allows a debtor to request verification of a debt, it doesn't require that an itemized statement be provided. A consumer can dispute a debt at any time, but only a written request sent within thirty days of the first written notice of the debt triggers validation rights under the Fair Debt Collection Practices Act.
It is more difficult to get a creditor to stop or waive interest accrued on a debt after it has been reduced to a court judgment. Garnishment of wages may stop when a person files bankruptcy, and certain property may be claimed as exempt from the claims of creditors. I suggest you contact a reputable financial advisor.