QUESTION
Bank of America is suing me for an unsecured debt that I quit paying when my husband died.
Asked on Jun 04th, 2018 on Debtor and Creditor - Texas
More details to this question:
I have tried many different times to get them to work with me on some kind of affordable payment arrangements and they have refused. I had a local lawyer send them a letter in 2015 and she said they probably would never get back with me again. She failed to keep in touch with me and I received an unaddressed letter from our local postmaster. The lawyer said she couldn't locate me via mail or phone which I doubt because I have not changed either since 2010. She stated that she requested a continuance since she couldn't find me until March 2018. This was the discussion we had in Feb. Now I have received a voicemail from her last week stating that there was a new court date of June 6, 2018. Since I feel she is not competent to help me, I released her as my attorney and picked up my file. I need representation asap. I am planning on talking to the judge this Wednesday and requesting another continuance to find an attorney. I am a widow of a 100% disabled veteran and living on va and ssdi.
1 ANSWER
Min Gyu (Peter) Kim
Generally the laws of contract is black and white, meaning do you owe the money or not. Although the debt may have been under your spouses name only, the creditor could proceed with a lawsuit under the legal theory that the debt was incurred for the benefit of the community estate (husband and wife or family)
As such, without knowing the outcome of the last hearing that you had, if the debt is still owed, you may want to consider filing a bankruptcy to discharge/eliminate all your debts all at once rather then paying back or fighting the legitmacy of the debt one by one.
Consult a local bankruptcy attorney to assist you
If you reside in Houston, my firm provides a free consultation to discuss your options
Peter Kim, attorney
713 259 3929
Answered on Jun 19th, 2018 at 8:21 AM