I live in Florida and have spoken with a Bankruptcy lawyer about my situation. I had excellent credit prior to a house I had up for sale being on the market for 6 months and tried to sustain two mortgages plus expenses on both houses and a lot of credit card debt, mostly used to fix up both houses.

It’s been since March 2007 that I made my last credit card payments. I took all of the 00 I received as a tax refund and paid it on 5 different cards.
I called the credit card companies and tried to set up a payment plan of some sort because I was drowning. NONE of the 5 would and acted really crappy when asked. The phone calls also bordered on harassment.
So, eating ramen noodles and peanut butter started pissing me off. If they didn’t want to work with me, then I wouldn’t work with them.
I changed my telephone number and stopped paying them.

After speaking with an attorney early this year, he stated that unless I was faced with court papers to appear, to stave off filing for bankruptcy. If I did file, it would be for Chapter 13 he stated.

I wanted a second opinion so here I am. My questions are…

If I do not file, the statue of limitations runs out in less than 2.5 years for the state of Florida. If I am not served a summons, after the SOL runs out, can they still serve me with papers?

If there is no summons or judgment, will the charge off debts stay on my record for 7 years from the last time I paid the credit card company? Or when the debt was sold to a collection agency which I think is usually a year afterwards (they all have been sold).

If the debt is sold again to another collection agency, does my time start over?

On my credit record, will there be an entry for the credit card company debt AND the collection agency?

I simply want to know when the credit card company debt and charge offs will drop from my record if I do not pay them.

Thanks for any help you can provide…

Technorati Tags: bankruptcy lawyer, chapter 13, charge offs, company debt, credit card debt, credit card payments, debts, filing for bankruptcy, harassment, judgment, last time, mortgages, peanut butter, ramen noodles, second opinion, sol, statue of limitations, summons, tax refund, telephone number

I live in Florida and have spoken with a Bankruptcy lawyer about my situation. I had excellent credit prior to a house I had up for sale being on the market for 6 months and tried to sustain two mortgages plus expenses on both houses and a lot of credit card debt, mostly used to fix up both houses.

It’s been since March 2007 that I made my last credit card payments. I took all of the 00 I received as a tax refund and paid it on 5 different cards.
I called the credit card companies and tried to set up a payment plan of some sort because I was drowning. NONE of the 5 would and acted really crappy when asked. The phone calls also bordered on harassment.
So, eating ramen noodles and peanut butter started pissing me off. If they didn’t want to work with me, then I wouldn’t work with them.
I changed my telephone number and stopped paying them.

After speaking with an attorney early this year, he stated that unless I was faced with court papers to appear, to stave off filing for bankruptcy. If I did file, it would be for Chapter 13 he stated.

I wanted a second opinion so here I am. My questions are…

If I do not file, the statue of limitations runs out in less than 2.5 years for the state of Florida. If I am not served a summons, after the SOL runs out, can they still serve me with papers?

If there is no summons or judgment, will the charge off debts stay on my record for 7 years from the last time I paid the credit card company? Or when the debt was sold to a collection agency which I think is usually a year afterwards (they all have been sold).

If the debt is sold again to another collection agency, does my time start over?

On my credit record, will there be an entry for the credit card company debt AND the collection agency?

I simply want to know when the credit card company debt and charge offs will drop from my record if I do not pay them.

Thanks for any help you can provide…
The SOL is 4 years, it will run out in 2.5 years since my last payment is what I was referring to.

Technorati Tags: bankruptcy lawyer, chapter 13, charge offs, company debt, credit card debt, credit card payments, debts, filing for bankruptcy, harassment, judgment, last time, mortgages, peanut butter, ramen noodles, second opinion, sol, statue of limitations, summons, tax refund, telephone number

I used to live in County A for many years. I opened all of my debts with that address, and recently recieved 2 summons for credit card debt from that county’s court. I now live 2 1/2 hrs away, in County B, but still in the same state. I would like to file bankruptcy where i live now, in county B. Is that possible? Does it not matter where i file? I just want to make sure that after i file, those summons from county A will be dismissed for sure. Thanks!

Technorati Tags: bankruptcy, credit card debt, debts, summons

I have stopped making the minumum payments on my credit cards since December of 08. In fact both me and my wife are delinquent in the credit cards. We both owe more than 60k in unsecured credit cards. Now we own a home but it has gone down in value meaning there is no equity at all. We are leasing a car which means we don’t own it but obviously we need it to get around. We are both self employed and we have our own business which is an LLC. We don’t pick up on the collectors nor the credit cards when they call and now my wife recently got a summons to appear in court for one of the credit cards that she is delinquent on. Anyways all the furniture we have in the house has already been paid for. We have no other assets and we only have like 00 in the bank. With that said do we need to file for bankruptcy or let them get judgements against us because it isn’t gonna matter since we have no assets except the stuff I mentioned above. If we let it play out and not do anything about this, what can the creditors do even if they get a judgement. At this point we don’t care about our credit. Please advise or should I still file for bankruptcy chapter 7. Let me know. Thanks

Technorati Tags: assets, bankruptcy chapter 7, creditors, furniture, judgement, judgements, leasing a car, own business, summons, unsecured credit cards

This house has already drained our finances and lowered our credit score by a hundred points, not to mention that by trying to keep up on the payments on it, we almost got our home foreclosed on. We have four children also that we need to be able to take care of. and we have also had the house on the market for over a year and we have lowered the asking price by 10,000 lower than we owe already.
This house has already drained our finances and lowered our credit score by a hundred points, not to mention that by trying to keep up on the payments on it, we almost got our home foreclosed on. We have four children also that we need to be able to take care of. and we have also had the house on the market for over a year and we have lowered the asking price by 10,000 lower than we owe already. We thought about renting but we do not have the money to fix it up to get it move in ready and because of the type of loan would have to ask to much in rent.
We have received a summons for foreclosure today and have changed realtors twice. But this is not the house that my family live in presently

Technorati Tags: asking price, credit score, foreclosure, money, realtors, summons