recieved "Statement of Claim"

Status
Not open for further replies.

CJW_

New Member
I recently recieved at Staement of Claim initiating a law suit for collection of approx. $5,702.

In '01 I moved tom AL from Virginia. I lost my new job about 3 weeks after due to a Company closure / bankruptsy filing.

Needless to say it has been a struggle ever since. I have worked various jobs and have had a spouse with serious medical issues (high risk preg. etc.) Over the past year I have seen my family very little because I have been traveling to wherever I could find decent employment, working diligently to pay off debts. My family lives with my brother-in-law. Our household effects are in storage. I have very little assets. (I have been doing the honorable thing to pay what I owe as an example to my children.)

It just so happens that this was the last hurdle to have been successfully paid and or settled for all my all debts! I was looking to re-establish my family and be able to see them every night in our own rental home. I have a son with cerebral palsy.

I called the credit card company that the origional $ 4,002 that was written off before I recieved the Statement of Claim. However, the debt was sold and resold. I found the company that owns the debt and they stated that I should contact thier collection Atty in my State it was just released to.

When I did so they stated that they had just filed a Statement of Claim for $5,702.10 with my local County Clerk/Court. Shortly thereafter we have recieved The Claim. I spoke with the the attorney and stated that I would like to settle the matter. I offered $1,500 (what I have) and they placed this before the Plantif which they have refused. Thier counter offer states that they would accept no less than $5,300.

The bankruptsy laws will change next month. This is almost all that I owe. I am facing a judgment most likely if I can not settle the account. If my wages are garnished I will loose my current job. It took me 6 weeks to gain a clearance for this position due to my recent credit problems.

My question is: Could I file Bankruptsy and prevent this old non-secured debt from becoming a real insurmountable burden? What are my options if any to proceed? Hopefully I can avoid a bankruptsy and a judgement! Since the debt was sold to others can these firms collect all of this interest fees & charges etc.?
 
CJW said:
I recently recieved at Staement of Claim initiating a law suit for collection of approx. $5,702.

In '01 I moved tom AL from Virginia. I lost my new job about 3 weeks after due to a Company closure / bankruptsy filing.

Needless to say it has been a struggle ever since. I have worked various jobs and have had a spouse with serious medical issues (high risk preg. etc.) Over the past year I have seen my family very little because I have been traveling to wherever I could find decent employment, working diligently to pay off debts. My family lives with my brother-in-law. Our household effects are in storage. I have very little assets. (I have been doing the honorable thing to pay what I owe as an example to my children.)

It just so happens that this was the last hurdle to have been successfully paid and or settled for all my all debts! I was looking to re-establish my family and be able to see them every night in our own rental home. I have a son with cerebral palsy.

I called the credit card company that the origional $ 4,002 that was written off before I recieved the Statement of Claim. However, the debt was sold and resold. I found the company that owns the debt and they stated that I should contact thier collection Atty in my State it was just released to.

When I did so they stated that they had just filed a Statement of Claim for $5,702.10 with my local County Clerk/Court. Shortly thereafter we have recieved The Claim. I spoke with the the attorney and stated that I would like to settle the matter. I offered $1,500 (what I have) and they placed this before the Plantif which they have refused. Thier counter offer states that they would accept no less than $5,300.

The bankruptsy laws will change next month. This is almost all that I owe. I am facing a judgment most likely if I can not settle the account. If my wages are garnished I will loose my current job. It took me 6 weeks to gain a clearance for this position due to my recent credit problems.

My question is: Could I file Bankruptsy and prevent this old non-secured debt from becoming a real insurmountable burden? What are my options if any to proceed? Hopefully I can avoid a bankruptsy and a judgement! Since the debt was sold to others can these firms collect all of this interest fees & charges etc.?
(1) You really should speak to an attorney or specialist in bankruptcy to determine your options. Obviously a short post cannot adequately describe a complete picture.

(2) You may want to tell the company that if they don't accept the money now, you will have no choice but to declare bankruptcy and that you aren't kidding. They know your situation and you will have no choice. They can either accept a certain amount now or get pennies on the dollar at best.

I'm very sorry to hear about your situation. It is not insurmountable and perhaps a little strong talk with conviction might enable you to settle this issue. Best of luck to you and your family.
 
Status
Not open for further replies.
Back
Top