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lyfsabeach

What do I do now?

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Long story - will try to condense - lots of credit cards - great credit rating, life was wonderful.  Then illness hit - Im in a wheelchair due to Rheumatoid Arthritis (knees are bone-on-bone, can't walk, also diagnosed with Congestive Heart Failure.  I do work from home as an independent contractor, but due to my arthritis and heart issues, I cant work the hours that I normally did.  My income is decreasing rapidly.  I am doing everything I can to stay afloat and make payments, but I have let some lapse - specifically Comenity Bank - six store cards - been late for 2 months now, and now have a total accrued debt with them of between $8,000 to $10,000.

 

I have no vehicle, own no property, and am living in an apartment that i can barely afford for me and my son (who is basically my caretaker at this point).  Comenity is calling nonstop and as much as I want to talk to them, i cant due to my breathing problems - get winded talking for too long.

 

I had prepared a letter to email to them, but cannot find an email address anywhere - I want to make this right.  I don't want to do bankruptcy - but all I can afford to pay them is $50 a month towards all 6 cards - doubt that they will accept that - yesterday's call, they left a message and demanded the name of my attorney before they move on to the next step.   they are just calling at this point - only 1 message left so far, nothing has been mailed to me.

 

Will they just sue me without trying to settle?  Can they sue me even though I have nothing?  I am so scared right now, not just because of this, but also my own health.  Ive got medical bills up the wazoo because of all my hospital admissions and all the meds I'm on, and i got to bed every night wondering if it will be my last night alive  - I am so scared - i cant handle all this right now.

 

Suggestions, help, anything  appreciated - don't know what else to do

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That's the sad part - I need total knee replacement surgery on both knees - but can't get the til the heart gets under control - smh - so they don;t consider me bad off enuf for disability - my cardiologist says the heart issue is new (never had problems before) and says it may take a year to get it "normal" again - I want to work - I love my job - and I want to get these bills paid, you know?  I did it, it's my responsibility, but I'm terrified that they won't work with me and will sue me like they seem to be threatening - 

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Can they sue?  Sure.  Will they?  Difficult to say.  Some of the answer rests in where one lives...some jurisdictions make it easier and more worthwhile to pursue elective remedies while others put up enough roadblocks that it is not generally worth it for nominal amounts.  And since you reference multiple accounts that total less than $10K amongst them, you are not apt to be at the top of the list for litigation. 

 

The law, as a general rule, does not care about health issues or any sort of a 'when bad things happen to good people' type of maxim.  Health issues CAN come into play with respect to collection activities post-judgment, but they don't matter in the run-up TO litigation. 

 

Communication with a non-specific person should NEVER be done via email.  IF you insist on writing to them, then sending it certified is the best route.  However, with an entity like Comenity, you won't gain anything by writing.  So don't waste the seven and a half bucks on the CMRRR...in the interim, nothing says you HAVE to speak with them.  Let the answering machine field the calls.  It will ease the stress you have piling up. 

 

When you get funds, it is up to you whether you want to make them a settlement offer. 

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