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My Husband Said This Would Make the Creditors Not Want to Sue Us. – Quicksand

“Dear Steve,

I have an excellent credit score up until mid 2009. I am not going to burden you with what happened that had led me into this situation.

I was always able to keep up all the payments, however difficult it was. I have approx. 90,000 in debt before going into default. I have been paying less than min. payment for 3 months and just stop payments this month. I have no job therefore no income.

My husband’s income is our only support and he needs to pay his credit cards too. He is current on all his credit cards. We had recently sold our homestead and have 60,000 which we have deposited into my father’s bank account directly after the sale. My father has no debt on his own and he is an dependent that live with us. We are his sole caretaker. We have a join bank account and is now in the process of closing this joint account and transfer all the fund to another individual bank account in my husband’s name.

You may ask that we have funds and why don’t we want to pay our creditors…..I am recently diagnosed with breast cancer and we are hoping to have the fund available for my treatments. We don’t know if my husband is secure given today’s economy, we just can’t afford to be out of funds.

Chase, American Express,Discover and First National Bank had called, but Chase is the more aggressive which they called almost every hour for the last couple of months. I have just retained a bankruptcy lawyer. We know that we properly will not file at the end, but my husband thinks that retaining a bankruptcy lawyer will slow down the collection phone calls and may make the creditors think twice to file suit against us.

My husband told me to write up cease and desist letter to all creditors and also notify them our lawyer’s contact info. and direct all their communications to our lawyer.

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My question is: will this works to stop the creditors to file suit? I have just stop payment to all of them and some of the creditors didn’t even call us yet. However, American Express and Discover stop calling altogether and American Express has payment process center in Dallas. I am at lost right now. I feel bad enough to default on my debt and then got the news that I have to fight another battle of my life. I just feel like there is no way out……

Quicksand”

Dear Quicksand,

Sending cease and desist letters would be worthless. They would only apply to third-party debt collectors and are a faster route to being sued since the collector can’t communicate with you anymore but can still sue you.

Until you actually file bankruptcy you can still be sued for the debt. Retaining a bankruptcy attorney may slow the process down for a month but soon the creditors will recognize you are not moving forward and will dump your case back in the hopper.

You would not be the first person to attempt this stalling tactic.

My advice would be to discuss this with the bankruptcy attorney you’ve already paid. Somehow we need to put this behind you so you can concentrate on beating the cancer. The continued stress from this situation only prolongs it.

If you have a retirement account you may want to deposit the cash in that account and borrow against it if you need to use some of those funds for your cancer battle. The retirement account will protect the money.

Your bankruptcy attorney can discuss this common strategy with you.

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.

Sincerly,
Steve

You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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