“Dear Steve,
Unable to pay all debts after death of husband.
Since my husbands death in 2009 I struggled to pay the debts. Finally had to stop paying on four of them. Now, Capital One is taking me to court next week. Will they be able to freeze my bank account since only Soc Sec is my only income and deposit. Will they take my only car, a 2001 Ford.
Lula”
Dear Lula,
I’m sorry to hear you are having to deal with this. Capital One certainly has the right to take you to court, as do your other creditors, if payment is delinquent.
If you have no assets to protect or cash in the bank, other than benefit income, then there is little worry Capital One can touch your benefits.
However, this is an indication of a bigger issue we might want to take this opportunity to resolve, once and for all.
Since there appears to be little expectation you will be able to repay the debt that was left after the death of your husband, it might be well worth considering a more permanent solution to deal with all the debt. It does not make much sense to have to live with each creditor suing you or dealing with collectors over this debt.
I would suggest you click here to talk to a local bankruptcy attorney soon about your situation. The attorney will be happy to answer your questions and help educate you about the fresh start and court protection from creditors you can get with bankruptcy.
Most likely you will qualify for a chapter 7 bankruptcy and your debts would be eliminated in a couple of months and all of this will be behind you.
When you meet with the attorney, please let them know if the remaining debts were joint obligations or in your name alone. That’s an important fact to be aware of.
But let me assure you right now, Capital One does not want your decade old car. And this matter against you isn’t even personal. Your turn just came to get dumped in the hopper and you, among thousands of others, are just getting sued at this time. It’s just a process. Try not to internalize this as anything other than what it is.
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