To contact or not to contact

[Xavernus]

Hi all. I've got some credit card debt totaling about $7500 and spread over 4 cards. It is 3-4 years old and all held by Midland Credit Management. The statue of limitations is 6 years (Washington State). I've been ignoring them because I've had a series of health events and am now basically indigent and will be probably for the next few years. My question, should I break my silence and write them to notify them of my situation and complete inability to pay? My goal would be to let them know that, no matter what they do, there is no money to send or take, and hopefully they would stop and not move to court. Is there a down side to this sort of contact? Does it reset anything? I'm not really ambulatory and I'm constantly in a great deal of pain. If they sue me I would need to go to court, perhaps more than once and I don't think I could handle that. That and they wouldn't be able to get any money anyway. Any advice is appreciated. Also, does MCM tend to sue? It's been a long time since I was deeply involved in this but this board was always helpful. Thanks!

Edited August 27 by Xavernus

[Flyingifr]

It can't hurt. At one time I, too, was indigent and had no collectability. I contacted my creditors and informed them of this and they all backed off, the SOL expired and that was the end of that. This was over a decade ago, and I cannot recall if MCM was one of them. You really have nothing to lose, if they are going to sue, then this call will neither accelerate nor delay that suit.

 

Of course, if they do sue (and the possibility is there that they might) then the Judgment carries its own Collection Statute, and they might even call you in for a Debtor's Examination. The purpose of the DE is to get you to reveal the existence and location of income and assets they can attach. It presents you with the perfect opportunity for you to demonstrate that you have Alzheimers and Tourettes Syndrome. For example, here's how you might answer a very simple question in a DE if you have Alzheimers (keep in mind that a creditor-paid Court Reporter will be transcribing the question and your answer word for word and charging the creditor by the page):

 

Question: Do you have any bank accounts? If so, where are they?

 

Answer: Bank accounts? I think so. I recall my great grandmother, Sophie, mentioning to me that she got me one. That was 1959, I think. I remember it because that was when Philip LePew was elected mayor of Kaliningrad and the Toledo Mud Hens sold some minor league tennis player to the Anabaptist league. I loved Sophie, she lived to be over 100 you know and that at the end President Truman sent her a happy birthday card. I still have that here, it's in my papers. Wait a minute while I find it (shuffling through a pile of papers 4 inches thick). No, that's not it - that was when my father came home from the war - he fought under the Kaiser and the French Foreign Legion at a place called Thermopylae or something, I can't remember. Oh yes, you asked about my grandchildren. I have twelve of them - but only three turned out any good, the others are in some prison somewhere I never heard of.

 

You get the idea - talk much and say nothing. Of course during the long winded speech you could also demonstrate your Tourette's Syndrome with a long tirade of (as they are called in Spanish) malediciones (curse words). Remember - the Court Reporter is taking down every word.

 

 

Edited August 27 by Flyingifr
correct spelling

[Xavernus]

Thanks for your response. The second part made me laugh. I'll remember that. I do have a small amount in a bank account that was literally donated to me for help with personal items and extra medical costs. I would hate for them to get a judgement and find that. I'm assuming they have to notify me and have proof that I actually received it before a default judgement, at least I hope so. I can imagine them taking some of these cases to court just to extend their ability to collect. I guess I'll send a letter as I don't see how it could hurt at this point. Thanks.

[Flyingifr]

And if they do manage to get your bank account information in a DE then all is not lost. While you are testifying at a DE under oath just remember that what is truth today can be ancient history tomorrow. There will not be a Judge at the DE top order you not to do this, so whatever bank accounts you reveal, just close them immediately and move your accounts to a different bank, preferably one far far away from where you live. This can be done on the internet in a matter of minutes.

Edited August 29 by Flyingifr