what about this option? legal opinions needed

What is the name of your state? i live in georgia

i posted previously about being disabled by rare immune system
disease - have huge credit card debt in my name that there is
no way i can even make payments on - husband not liable for the
debt - per se - as these were my 'individual' accounts.

as you wonderful/helpful/knowledgeable 'posting peers' have
pointed out in your replys to my previous post - although these
cc debts are 'unsecured' - if i am joint owner of real property -
the cc can and will [for the amount i owe] probably pursue course
of action resulting in 'lien' against property and/or assets in which
i have an interest.

HERE'S MY QUESTION - we are still at the 'phone call' request
for payment stage w/both cc companies - the debts have not yet
been 'charged off' - is it too late for us to have my name legally removed
from property deed, making my husband sole owner, and would that keep the cc from being able to attach lien to our property if only in husband's name. we have no other 'assets' that could be attached.

when making replys please know that georgia is a 'community
property' state, i don't know how that would figure in to this
thing - if anyone does - please inform me.

ONE MORE QUESTION - after getting your responses to previous
query - husband and i are more TERRIFIED than ever - we can't
even pay our utility bills in full right now and owe last years
property taxes we can't pay BUT should we be trying to send
them 50 per month [we can't afford that] to show 'good faith'
or just keep hanging up as we've been doing lately because i'm literally 'too ill to talk' [telling the sad tale to each of the 100 who have previously called from cc inquiring as to why we are not paying]. WOULD PAYING 50/MO. DELAY THEM CHARGING OFF
THE DEBT OR DOES IT MATTER [late fees and over balance fees
are 100/mo. on each of the two accounts so sending 50/mo. is
like throwing it down a toilet and flushing it and we sure can't
afford to do that.

thanks in advance for any input/suggestions/legal knowhow -
anyone can share w/us.

ghc

[Jeter]

Hi,

Haven't been on the site for awhile so excuse me if I am redundant with any recent postings.

The first thing I would recommend is to take the offensive. Collection agencies thrive on the uninformed consumer and the weaker you appear, the harder they will push. Send a Cease and Desist letter to all collection agencies/ credit card collection depts. You can write this letter yourself. You don't need a lawyer for this, however the letter is just as effective and it will stop the phone calls cold. In the letter, outline all pertanant account info (no personal stories or the like). Let them know that according to the FDCPA (Fair Debt Collectors Practices Act), you demand that they cease all collections communication via telephone and restrict correspondence to mail only. I know that IAAL posted a great example of this letter awhile ago in "fill-in-the-blanks" format. Maybe he will be so kind as to post one for you again. This letter will protect your rights (and your sanity) and save you those 100 stories per day. You should send this letter 1 of 2 ways: Either FAX or Certified mail. Do this asap.

I only recommend this letter to buy you some time and save you from having a nervous breakdown from harrassing callers all day and night. I used this tactic when I ran myself into too much debt as a careless 20 yr-old. I had about $10,000 in debt and never recieved another phone call from a debt collector.

Keep in mind, however, that this letter does not absolve you of your debt. As they may not call you anymore, they may at some point commence action against you. That's why in conjunction with this letter you will send a good faith payment every month without fail (even $50), they will have a difficult time obtaining a lump sum judgement against you because you are demonstrating a willingness to pay.

I'll need some help from another poster in regard to removing your name from your real property...

Jeter

[bigun]

Chargeoff criteria is set by the FDIC and not individual banks. They must chargeoff at the 180 day mark. They may grant a one time 30 day extension if they reasonably believe the account can be brought current. Bottom line, save your $50/month for more pressing needs. Also, the orginal creditor is not bound by the FDCPA.

I would not transfer any property until you speak to a lawyer.

[I AM ALWAYS LIABLE]

My response:

You said - -

". . . please know that georgia is a 'community property' State . . ."

From all indicators available to me, Georgia is NOT a "community property" State - - it is a "separate property" State.

The community property states are:

Arizona.
California.
Idaho.
Louisiana.
Nevada.
New Mexico.
Texas.
Washington.
Wisconsin.

Good luck to you.

IAAL