Personal Bankruptcy recieved Statement of Claim

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CJW_

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I recently recieved at Statement 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 bankruptcy 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.?
 
I wouldnt file BK over such an amount if i was you.... the truth is they bought that old account for pennies on the dollar and i am sure if you are persistant that you can get them to settle for that. First basically deny the charges to them and ask them to produce proof that it is yours... always do that first. ie any contract or note bearing your signature and do it within 15 days. lets see if they even have any proof... that may put things a little more into your ball park. then tell it like it really is... i dont have that kind of money. i again offer you $1500 to settle... take it or leave it. if you do get notice that your wages will be assigned.... the form you get will tell you how you can get a simple form... usually from the sheriff's office civil division to see the judge and tell him why you shouldnt be garnished.... ie wont be able to afford the necessities of life for your family... and he will only order you to pay between $50 & $100 per month... meaning it will take them til eternity to actually collect from you. not to mention how long it will actually take to get a judgement... then a wage asessment and a writ of execution to start the wage assignment and if you didnt tell them where you work...... and the filing fee's and attorneys costs for them to due this will probably out weigh their need for the $5300. see, they assume you are an average honest joe that dont know shit.... thats where they make their money bullying you around as most people are so scared to go to court they will offer up everything.... dont play into it. they will come around.... also, do not pay or settle anything unless you have a written agreement stating that they will delete or remove all negative items from your credit report involving the matter. dont settle for the term account settled on your report... as thats the same as not having paid. let me know how it turned out for you. then start working on the credit reports.... i can help you there as well to delete old bad stuff. good luck
 
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