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What is the name of your state?az
Can someone tell me if I have a good chance of winning this case. Last year I turned over all my credit card and medical bill to a credit agency called Clear One Advantage but in the last 2 to 3 maonth one of these creditors sued me so I have to go to court to explain why I can't pay them as I am going broke paying other bills and don't have enough income to apy them. My wife had knee surgery last year and this year she is getting a shoulder replacement surgery making it impossible for her to work so she cannot help me finantially.
 


quincy

Senior Member
There is no way to tell if you have a “good chance of winning” a case based on the information you have provided.
 

zddoodah

Active Member
Can someone tell me if I have a good chance of winning this case.
Based on what you posted, you have zero chance of winning. Your liability for Bill #1 is not impacted by the fact that you have prioritized paying Bill #2 instead of Bill #1.

one of these creditors sued me so I have to go to court to explain why I can't pay them
You do not need "to go to court to explain why [you] can't pay" your creditor. The reason(s) why you can't pay are completely irrelevant to the court.

Sounds like you'd be well-advised to consult with a local bankruptcy attorney.
 

quincy

Senior Member
After reading through your rather extensive posting history, snowman, you and your wife appear to have accumulated a lot of medical debt from illnesses, injuries and accidents since 2009. Trying to work out payment arrangements was a smart first move by you, but a creditor does not have to accept any arrangement. The creditor can demand payment in full - and sue to get a judgment so income and assets can be garnished and attached.

Although I do not see that you have grounds to defeat a claim against you if you have been paying even a small amount on your debts - and you should have the particulars personally reviewed by an attorney in your area to determine this better - I agree with doodah that bankruptcy might be something smart to consider.

Because you are 77 years old, you might find some free legal assistance through your state’s senior citizen programs.
 
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PayrollHRGuy

Senior Member
Does the credit agency not provide legal representation? Have you notified them of these collection actions by the creditor?
 

quincy

Senior Member
Does the credit agency not provide legal representation? Have you notified them of these collection actions by the creditor?
Clear Advantage works with creditors and debtors to help settle the debts through payment plans. The debtor deposits $X in an account set up by Clear Advantage and the creditors are paid from the funds in this account.

If a debtor cannot afford to pay into the account and Clear Advantage is unable to pay the creditors, the agreement is breached and the creditors can sue.
 

PayrollHRGuy

Senior Member
I understand that. But the OP hasn't made it clear if he has not maid the payments to Clear Advantage or not.
 

quincy

Senior Member
I understand that. But the OP hasn't made it clear if he has not maid the payments to Clear Advantage or not.
snowman said he wanted to explain to the creditor why he hasn’t paid but, regardless of his reasons for not paying the creditor, the creditor can still sue snowman over the unpaid debt.
 

PayrollHRGuy

Senior Member
snowman said he wanted to explain to the creditor why he hasn’t paid but, regardless of his reasons for not paying the creditor, the creditor can still sue snowman over the unpaid debt.
snowman wrote
one of these creditors sued me so I have to go to court to explain why I can't pay them
Hence the question, if Credit Advantage provides legal services. Many of the credit repair services do. I don't think snowman understands what happens when you go to court when you get sued.
 

quincy

Senior Member
Clear Advantage is not a credit repair or a counseling agency. It only helps to arrange a settlement between the creditor and debtor (and is paid a percentage of the total debt involved). It works with those who have debts totaling more than $10,000.

What Clear Advantage does for a debtor is something a debtor can do for himself for free.
 

PayrollHRGuy

Senior Member
ClearOne Advantage doesn't mention being a law firm or anything about having lawyers on their website so I'd likely agree with you.

Why anyone would use this service when there are programs out there that back up their work with lawyers is beyond me.
 

quincy

Senior Member
ClearOne Advantage doesn't mention being a law firm or anything about having lawyers on their website so I'd likely agree with you.

Why anyone would use this service when there are programs out there that back up their work with lawyers is beyond me.
I don’t understand why anyone would use a service like this either. A debtor can negotiate a settlement with the creditor directly and not have to pay a settlement agency to do it for them.

And, because of snowman’s age, he probably could have received free or low cost legal assistance through a state-sponsored agency to help with settlements instead of going through a relatively costly agency like Clear One.

Although bankruptcy might be the best option, snowman was considering bankruptcy in 2015. If he filed then, he cannot file again at this point.

snowman can check State agencies to see about assistance with the lawsuit. Here is a link to Arizona resources for senior citizens: https://www.azag.gov/seniors/resources-for-seniors
 
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Taxing Matters

Overtaxed Member
Although bankruptcy might be the best option, snowman was considering bankruptcy in 2015. If he filed then, he cannot file again at this point.
That's not quite right. If he filed a Chapter 7 bankruptcy in 2015 and he obtained a discharge of his debt then he must wait 8 years from the date he filed the first bankruptcy to file bankruptcy again if he wants a discharge of debt. In other words, it is the discharge that triggers the waiting period requirement, not the filing of the bankruptcy petition.

A person could file bankruptcy again before the 8 years is up but he or she would not get a discharge. So in most cases the filing wouldn't do much good. There are, however, some limited circumstances in which it may benefit the person to do it anyway.
 

doucar

Junior Member
He could consider a chapter 13. At the end of the 5 year plan or by converting to a chapter 7 as soon as the 8 years are up, a discharge may be available.
 

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