credit card debt collections

What is the name of your state? Virginia

I am retired on disability and owe cross country bank credit cards approximatel $7,000.00. I have not paid in 8 months and the amount grows. I owe the money but just dont have it. I am plannig on filing for bankruptcy. The credit card company had my checking account info on file from previous on the phone payments. last month a collector from there company called me to tell me they were taking out $827.00 out of my account and did I want the confirmation number. I told them you better not, a week later the money was taken out. I went to my bank and it was credited back. I know I owe the money but haven't my state and federal rights been violated 14 amendment about due process before property taken? Also have they not comitted a criminal act and what recourse rights do I have? Can I sue to recover monies.

I am also married my wifes credit is good I owe $50,000 in federal student loans could I file this in bankruptcy?. I was told some conditions might allow federal student loans to file under bankruptcy? I wnt to file bankruptcy not her can one spouse do it alone?

If the credit card co sued me would it be in the court in the state I live or where their office is? If they win can they seize or put a lien on my checking account and home that i am paying for?[COLOR=red]red[/COLOR]

Ok, doesn't sound like they can take the $'s out of your account like that, and since it's been credited back what kind of damages would you sue for??? Did you bounce checks or ????

2nd about the student loans, some are discharged in bk, but the only way to find out is visit an attorney. BK attorneys most of the time don't charge to tell you your options. I'm in MD and I had a WONDERFUL attorney for my BK, he does DC, but not sure if he does VA??

[racer72]

What the bank did may be in your credit card contract but the bank does not have to follow the contract, you were lucky you got your money back. You should complain to your states comsumers affair department about the unauthorized withdrawl, it may have been illegal even if in the contract. If enough folks complain they may take action against them. You can't sue if the money was returned.

For student loans to be dismissed, you must have been in default for 7 years or more and repayment of any kind would cause extreme hardship on you or your family. The credit card company will sue you in your own state. They are licensed to do business there. You should consult a bankruptcy attorney for more specific answers. Even with perfect credit, if you file bankruptcy, it will have a negative effect on your wifes credit.

Can GOVT student loans be discharged?? Just wondering?? I thought not??

[bigun]

Neighbor,

Gov't student can be discharged but, it is rare. The bk court must apply what is known as the "Brunner Test". You can do a "Google search" for details. Racer pretty much summed it up with one other provision. You must have made a good faith effort to repay. And, it's all or nothing. The judge can't discharge a portion of the loan.

Thanks bigun, never was sure about that. Funny thing, the first thing to pop up under Brunner Test was a "blood test" for lyme disease. Sheesh, what ran through my mind when I first seen that, LOL