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My Husband Walked Out on Me and Left Me Disabled and in Debt. – Maggie

“Dear Steve,

Divorced, disable on Social Security, 61 yrs. old. My husband walked out on me in 2005 after taking every dime of security I had worked for all my life. I have a refurbished trailor I purchased by mortgaged property I received after my mother’s death in 2003.

I had two credit cards at the time of my husbands departure and purchased mostly groceries and personal items on them. Nothing of resale value. I tried to make payments to the credit cards and when the ecomony dropped and groceries, gas, life went up my SS was no longer enough to keep up the min. payments.

I called the card companies and tried to get them to work with me by stopping interest, late payments and other charges so that I could pay them off. They both said there was nothing they could do. When I stopped paying they continued to add interest and other charges until I was over the credit limit. All of a sudden I was being called and duned by people I did not even know. When I checked my credit report sept 19, 09 it is a nightmare. I do not know who anyone is. The two original credit cards were from Washington Mutal Bank and HSBC NV.

I now have HSBC NV on my credit report as owing $3,576 with “status” being Transferred, closed. $3,576 written off.

CACH LLC as owing $3,576

Similiar sitution on other account. I also owe 2 or 3 thousand in medical bills.

I was served with a Civil Summons this morning with plaintiff being CACH, LLC not only wanting the $3,576 but also at 8% interest until paid and attorney fees.

The summons is dated on 9/24/09. Please help me stop this madness.

I am emotionally and physically challenged with a myriad of health problems. I can not take much more

Thank you

Maggie”

The Answer

 

Dear Maggie,

I’m so sorry that you’ve had to live through this mess. I am sure the daily struggle you face in having this hanging over you is severe.

There are a number of issues going on here. I was most concerned by your statement that when you looked at your credit report that you did not “know who anyone is.”

I’m worried that you may have been a victim of identity theft, maybe someone else has used your name to obtain credit you are simply unaware of.

Since you have no real assets to speak of, nothing of tremendous value, then it is unlikely that even if a judgment is obtain against you for old debt that it can be collected on since your public benefits can’t be garnished.

The judgment can’t impact your heirs at your death. Debt does not pass on to the remaining family members. However, a creditor could attempt to collect from any funds left from your assets when you pass.

Based on your emotional delicacy, the potential identity theft, the dunning by people you don’t know, your current emotional and health status, and a series of additional bad accounts on your credit report, I think the most prudent path to follow is to seek the protection of bankruptcy. Bankruptcy will also terminate any judgment awarded against you before you file.

By going bankrupt is will clear the decks of all the mess you are dragging forward and finding difficult to deal with. It will eliminate the stress and pressure you are feeling now and let you get back to focusing on feeling better.

You can contact the local free bankruptcy provider, you will have to pay court fees, and see if you are eligible for free services. If you are not eligible for free services, contact a local bankruptcy attorney. And if you can’t afford bankruptcy, ask the heirs you were worried about to pitch in for it. These are people that must care about you since you are worried about them.

By eliminating the stress of the lingering medical problems it will also be helpful to improving your health. The stress of the debt is not beneficial to letting you feel better.

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.


P.S. Be sure to read ‘The Secret of Surviving Through Difficult Economic Times. What I Learned On My Journey‘.

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About Steve Rhode

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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