[3babymonkeys]

My questions involve collection proceedings in the State of Georgia.

First, I apoligize if my title is not descriptive enough. I am new at all of this and, apparently, fairly ignorant about it all as well.

I have several questions about my situation and would appreciate any help/advise/ideas. Thanks in advance.

I am in my mid 40s and am on (and have been on) disability (I receive SSDI and money from a private disability policy.) I am going through a divorce. I have several credit cards which I am currently unable to pay (and probably will not be able to pay due to divorce.) I am also facing foreclosure on my residence. I have three minor children. Prior to February, I had never been late on any account. I always paid on time and, though I had too much debt, always paid everything promptly.

I went to my church's financial director for advise on my current situation. In order to leave my husband (mental abuse and infidelity which are also causing flare-ups of my physical ailments are forcing me to get out of the marriage) I will be unable to pay my credit card debts and my house payment. I told the director that I was hoping to file bankruptcy. I tried to research as best I could, and based on what I could tell, I would qualify for Ch. 7. She, however, advised me to just stop paying everything and focus on finding a place to rent for me and my kids and providing food, clothes and other necessities with the money I would have otherwise used to pay credit card bills. She told me that creditors cannot garnish either of my disability payments. And, since I did not have the money to pay to file and complete Ch 7, I went the non-payment route.

If I had known about this forum then, I would have asked all this stuff before. I am fairly sure that she was correct about the disability payments being off limits. I have an 11 year old car (kbb value around $2000.) Can the creditors go after that? The 6 or 7 accounts probably total around $35,000 before I stopped paying and the companies started taking on fees, fees, fees.

What would be the best way to deal with these creditors? I will not be able to pay them. I have a lot of medical bills and I am making payments on them. The balance of my money each month will be going toward rent, feeding and clothing my kids and providing for their needs. We are not living extravagantly at all. Most of the debt came from my soon to be ex starting a business. I have no money in bank accounts (aside from maybe $100 at any given time), not much in the way of personal property (just old furniture and my clothes, no jewelry).

Would it be better to try to find the couple of grand and file Ch 7? If I don't, will the creditors try to get judgments against me even if I own nothing of value (except the car above) and have no income that can be garnished? If they do get judgments against me, how long is a judgment valid for and is there a limit on the number of times they can be renewed (if that is the correct term?)??? Are there more questions or issues I should be asking and don't even know to ask?

I am resigned to bad credit for quite a long time. I deserve it for not being able to pay my bills. I am just trying to figure out what can happen so I can be somewhat prepared. Thank you all in advance.

[LawResearcherMissy]

Would it be better to try to find the couple of grand and file Ch 7?

Being that you're 35 large in the hole?

Yes. If someone with that much debt and so few assets wouldn't qualify, I don't know who would.

If I don't, will the creditors try to get judgments against me even if I own nothing of value (except the car above) and have no income that can be garnished?

They can certainly try. You don't have to have anything of value for them to be awarded a judgment against you. All your lack of assets means is that they've spent a lot of money to get a judgment, and you still haven't the means to pay.

If they do get judgments against me, how long is a judgment valid for and is there a limit on the number of times they can be renewed (if that is the correct term?)???

A judgment is valid for 10 years, and can be renewed every 10 years.

Worse than the judgments, at least from the perspective of dealing with stress, is the fact that as long as the debts exist, they can pursue you for them until the heat death of the universe. They can sell the debt from collector to collector, and keep pestering you until you finally leave this Earth.

It seems to me that you have enough stress in your life as it is. Relieve yourself at least of the burden of your debt and scrape up the money to file bankruptcy. Once you've done so, your creditors have to stop bugging you - no more dunning calls and nasty letters, and no chance of them trying to sue.

And when it's discharged? It's all over. Your credit has a big ugly ding on it for 10 years, but you don't owe the money anymore.

Georgia Legal Aid has some good resources here.