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I Was Out of Work Due to Cancer. I’m Working With a Debt Renegotiation Company and Getting Sued – Praying

“Dear Steve,

I was out of work for about a year due to cancer and treatments. I used up all of my credit and could not get caught up on payments when I returned to work. I tried to work with my creditors to give me smaller payments, but a couple of them would not budge. Now, I am in a debt restructering company who I have been paying for a year and in litigation with several of my creditors. I owe approximately 58,000 in unsecured debt. I do not want to file bankruptcy because I do not want to lose my home or my vehicle. And I also would like to pay my own debt.

Even though I am working with a debt restructuring company, I am in litigation with several creditors. I do not feel like this company I have hired is doing what I am paying them to do…..to settle my debt. I have gone to court to represent myself two times already and I am scared that my wages are going to be garnished. How do I keep this from happening?

Praying”

Dear Praying,

The bottom line is that unless you pursue some legal intervention for your situation this will only continue. The undisputed fact at this time is that for whatever reason you were not able to repay the debt in accordance with the contractual terms you signed when you took on the credit.

Hey, cancer and life happen. I understand. There are ways to deal with the financial mess. But one thing can nearly be guaranteed, if you stop paying your creditors and give the money to someone else over a period of time, your chances of getting sued increase dramatically.

At this point the two logical approaches are to either negotiate with the creditors directly to end the suits and accept payment or avail yourself of your legal rights under the law and engage in a repayment plan the creditors must follow and are prevented from suing you under.

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That legal second chance fresh start program is called bankruptcy. It would be incorrect to assume that bankruptcy means you would lose your home and car. If someone told you that, it was incorrect information. Sadly, I’ve seen many sites selling debt help that have all sorts of scare information on them about bankruptcy so they can sell their product.

What I would do at this point is beg you to find a local bankruptcy attorney and go talk to them as quickly as possible. Don’t make assumptions about bankruptcy, get the facts on what it offers you in your specific situation.

You can click here to find a local bankruptcy attorney and if you’d like a second opinion about your situation or a personal consultation by another debt coach, please feel free to contact Damon Day.

I simply can’t imagine that your health situation is aided by the stress these lawsuits and fear of asset attachment or wage garnishment have put you under. Bankruptcy would have prevented all of that and given you protection against your creditors for a much lower cost than what you probably paid the company you are working for.

Once you file bankruptcy, it stops the current litigation. And don’t worry about your credit. It’s already shot, the legal cases against you don’t help it but the good news is rebuilding credit after bankruptcy is a relatively quick and easy affair.

Think about it like this, your cancer required intervention with chemotherapy or radiation. Your financial cancer needs treatment also. Think of bankruptcy as the chemo for the financial cancer.

Please post your responses and follow-up messages to me on this in the comments section below.

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.

20 Comments

  • Thank you for all the information. I did go to another attorney. I do not qualify for a Chapter 7. I have to go the Chapter 13 route. At this point, this is my only option.

  • I would get a second opinion with another bankruptcy attorney and get a specific idea of the exposure for the home and if you qualify for a Chapter 7 based on income. These are not issues to assume or guess about.

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