Legal Question in Credit and Debt Law in California

debt collection

I have recently become permanently disabled. I have over $25,000 in credit card debt that is in collection, and $45,000 in student loan debt. The student loans are in deferment. My only income is my disability payment. My only asset is a 2003 truck worth $6,000. Because of my disability, I cannot use public transportation, and my vehicle is the only way for me to get food, get to the doctor, ect. My question is, can my creditors, after getting a judgement, take my vehicle, and in light of my circumstances, should I declare bankruptcy to prevent this. Also, since I am disabled, if I do declare bankruptcy, can I have my student loan debt discharged? Thank you.


Asked on 8/20/08, 6:47 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: debt collection

If I were in your position, I would make an appointment with a local bankruptcy attorney to discuss all of the particulars of your situation, and review the pros and cons of filing for bankruptcy protection. Based solely on what you have posted, I would suggest that yes, bankruptcy is a viable means of resolving your outstanding debts. If you do nothing, you will be fighting with your creditors for a very long time, and that fight is going to be very costly in terms of your time, health and mental well being. As you probably already know, they can employ some rather uncomfortable collection techniques, and once they obtain a judgment against you, it will just get worse. I'd strongly suggest that you contact a bankruptcy attorney. If you cannot afford to retain an attorney, call Legal Aid for your county and see if you can't get a referral to someone who could take this on pro-bono. Good luck.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/20/08, 6:55 pm


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