Original Creditors or Collection Agencies?

If you are filing bankruptcy, I am sure your lawyer will be able ot answer that question. But, I think it depends on whether the CA owns the debt, or is just trying to collect it for the company. If they bought the debt, then I think you would list them. I would call the original creditor and verify who actually owns the debt...that is the best way to know I think. Hope this helps.

Thank you TMD, your response did help. I loathe the idea of speaking with anyone from the collection agencies, however. Perhaps I will write my request for information.

Regarding lawyers, I am considering filing this bankruptcy on my own. I have spoken with and gotten advice from a lawyer but I simply can not afford his fees.

Wow, to be honest... I had no idea you can file bankruptcy on your own without an attorney. You have a long road ahead of you either way. The new law requires that you take financial counseling/management classes prior to and after filing bankruptcy as far as I know...and you have to pay for that. Either way, you can just call the original creditors to find out who has your account, just tell them you need the name of who is holding your account, and if has been sold, they need to tell you to who. Then you may not need to call the CA until you file bankruptcy and need to give them the file number or whatever, at that time they won't be able to really discuss the account with you anymore.

TMD, I am not seeing any reference to this mandatory financial counseling, can you point me in the direction of this information?

I am not sure what they could possibly say to me, I live a rather spartan life as it stands. What part of "I got injured on the job and my husband's job keeps getting outsourced to Asia" don't they understand?

Here are a couple of links about it:

http://www.bankruptcyaction.com/bankreform.htm

And, here is a quote from CNNmoney.com:

credit counseling and money management: Under provisions of the new law you must meet with a credit counselor in the six months prior to applying for bankruptcy. And before debts are discharged, you must attend money management classes at your expense.

Here is the link to that:

http://money.cnn.com/2005/04/20/pf/bankruptcy_bill/

Hope this information helps.

Here is a link where you can find bankruptcy courts in your area, maybe this will be helpful:

bankruptcydata.com/Courts/Courts.htm

Link made inactive as per forum rules - Vikas

Thank you TMD, you have been very helpful to me this evening.

Gosh, this is depressing. I thought saving up for the lawyer was going to be hard enough, now the thought of saving for counseling classes to tell me what... that I should not have gone in to work that fateful day that I was injured?

Forgive my being melodramatic, please. My husband busted his rear for a year trying to pay off our debts but they kept raising the interest to the point where my husband was working 40 hours a week just to pay the credit card bills. Then he would put in another 20-40 hours for our other expenses.

After a year we became very bitter at the Credit Card companies' unwillingness to work with us in regards to the outrageous interest rates. It wasn't until we had stopped paying that they changed that tune.

I suppose my next step is to inquire as to whether this counseling can be waived for people who absolutely can not afford it.

Don't be depressed, it will all work out. How much debt do you have? Have you considered debt consolidation or debt settlement instead? I am doing a debt settlement program, because we have over $35,000 in debt and we were going to file bankruptcy, but I decided to do this instead. We send a payment to the attorney every month and it goes into an account. When they have enough money in the account to settle one of the debts, they contact me with the amount and for permission to settle. There of course is an attorney fee, I believe it is 5% of the total debt you are settling.

wow TMD, that sounds like a good plan. How is it working for you so far? what kind of lawyer did you go through?

Actually I signed up through this site, then United Christian Financial called me, got all my info and then set me up with this lawyer...it is the Roll Law office. I checked them out on the BBB and they have a satisfactory standing. They are extremely nice when I call them, and they even walk you through what to say to collectors who call you. You mail them your initial statement, then they change the mailing address so that all correspondence from the CA goes to them instead of you..then they send you a monthly statement from the law office. If you have a problem with a CA for an account that the law office is holding, you just call the law office and they take care of it. It has taken a lot of the stress off of me, and my family members that have been harrassed by my lovely bill collectors.

*****ding ding ding****** My 700th post!!!!!!

Did they arrange for your payments to be affordable? Do they handle accounts that have been 'charged off' and are with collection agencies???? thanks for the info!!! I was just thinking about those Dell and wells fargo accounts that I'm pulling my hair out over...wondering if something like this might help. shirley

I gave them over $20,000 of my debt to handle, and I am paying $340 a month. That includes the attorney fees. They only handle accounts that are delinquent, so yes mine are with CA's and one is charged off. Once you hand your account over to them, you are no longer allowed to make payments to anyone except the lawyer's office, and they ask that you not contact the CA either.

Does your lawyer have a website? thanks, shirley

No, I don't believe they do. I got them through United Christian Financial, and I think they are actually affiliated with them. I can get their number from my paperwork if you want it.

My debts equal about $20,000 all of it from credit cards. All too often I had to use them for basic living expenses, especially during my husband's layoffs.

To be perfectly honest, I am extremely bitter and often think that the credit card gets nothing more from us. I hemmed and hawed for a year, wanting to do the right thing and pay my obligations. But the interest, the late charge and overdraft fee on a late charge... you know the story!

We are living on minimum wage. Disposable income, what is that? I can not even afford my medications every month. You may be ready to suggest public assistance, but my husband makes a little too much for that. I guess we are what is called the working poor.

As far as consolidation, I tried for a loan a year ago, using my home as collateral. My husband was earning a good deal more money as well. We were rejected for not having lived in our home long enough! (At the time we lived in this house for two years.)

I will indeed seek more assistance via this website. Even more than the creditors knocking at my door, I am afraid of a judge telling us to pay from our already miniscule earnings.

Thank you, kind people. I am really shaken up about this matter and with these new bankruptcy rules, I don't see things getting better in the foreseeable future.

Well, you don't have to use your home for consolidation, that would be considered a home equity or consolidation LOAN. I suggest you just consolidate your debt through a non-profit consolidation company. It does look bad on your credit while you are in the program, but once you start paying things off your credit improves. If you are already deep in debt and that far delinquent, it can't really hurt your credit anymore. I would never consider borrowing against my house if I am already struggling so badly, because then you jeapordize your home which was paid off.

I can understand you feeling bitter, I have felt the same way. Credit card companies are predators, they prey on those who really can't afford to have credit cards, and they prey on the young and irresponsible. But, you will feel a sense of satisfaction as you start paying off your debts too, you just don't realize it right now.

And don't worry, the judge will most likely understand your situation, they are not going to take what you can't afford.

As far as medications, I may be able to help you on info about that. There are options to get medications sometimes, that people don't know about. Your doctor can help you, drug reps can help you a lot of times. You would be suprised. I have been in the healthcare field for a few years, so I know a little bit about resources people have. If you would like some ideas just let me know.

You sound exactly like me about two months ago. Trust me, you spend enough time on this forum and things really start to look up.

Hi snow_angel,

Welcome to the forums. It will be a pleasure to have you here.

I can understand where you are coming from a bit. When I was pregnant, I became unable to work. My ex didn't qualify for public assistance because of too much income. So my credit was ruined with medical bills. It is very frustrating.

Please stick around and share any questions and experiences you have with us. There are many people on this forum, and given time, you will find answers to your questions and a light at the end of the tunnel. I know I did!

~Mary

Hello again. TMD, I will definately PM you in the very near future regarding presciption medications. Thank you so much for your offer to help, if at all able!

I do appreciate your welcome, Mary. Doesn't it make you mad to see that we who occasionally need a little help with public assistance are all too often denied while some receive cradle-to-grave assistance? I am sure that was never the intent of the creators of public assistance.

It is a sad situation. I know I am not the only one out there who has gone through and had their credit ruined due to this. And all I requested was help with my doctor's bills, I never asked for food stamps or cash. I was bummed, and now I am paying the price for it :roll:

Anyway, on a positive note, it will be a pleasure to have you on the forum. I have a feeling that you have a lot to share with us!

~Mary

Okay, here are some tips for getting your medications when you cannot afford them, and maybe this will help other people in the forum...that's why I decided to post it.

There are several options, depending on your doctor:
1. You let your doctor know you cannot afford your meds, and he will provide you with free samples.
2. Your doctor can notify the drug rep that provides them with samples of that medication, and the rep can supply you with the medication and/or coupons.
3. Almost all drug companies have some type of program if your doctor is not a very 'caring'one. You can ask the pharmacy who manufactures the medication. Pfizer is a very large company and provides lots of meds...they have several programs to help people, especially those with no prescription coverage. They either supply free meds, or discounts, etc: you can reach them at 866-776-3700 to discuss options with them.
Merck is another very large drug company that also provides assistance to people who cannot afford their meds: 800-727-5400

Their are several other drug companies, but those are two of the main ones, besides GlaxoSmithKline, but I am thinking they mostly make vaccines. If you ask your pharmacist, they can usually assist you. Also, many companies make similar meds, so you can also try to make sure you get a medication prescribed that is made by one of these companies. You can call the company and ask for a list of meds they make...if you are on medication for blood pressure, find out what blood pressure meds they make, etc...then take that list to your doctor. I could go on and on about this, but I think you get the picture. If you have anymore questions, feel free to PM me.

Hope all this rambling helps.

Just wanted to add a quick note...this can go for Pediatrician's too. If you are pregnant, or just had a baby and are bottle feeding...the formula rep at the pediatrician's office will actually mail formula to your house to help you out. I worked for a pediatrician and I had the rep send me 8 months worth of formula. I did it for patients all the time too, especially those whose babies had to be on special formula that cost more than the delivery of your baby.

Thanks so much for those tips, these are very important points. My mom lost her insurance coverage, and she was on asthma medication. She told her doctor the situation, and he gave her quite a few months worth of samples, and really stocked her up until she gets back on her feet with the insurance.

Also, you mentioned that Merck has an assistance program, and a lot of the companies do, from what I hae seen on some commercials. I'm sure a web search will bring up the websites of the big drug companies.

I did not know that about the formula, I wish I would have known that when my kids were drinking bottles!! That would have saved me a whole lot of money. My son had to be on....uhhh...I don't remember which formula, but it was more expensive. My daughter was pretty easy to deal with, but I'm sure I'll pay for that when she is 16. LOL

~Mary

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