Port Orange, FL asked in Bankruptcy for Florida

Q: Hi, my son has a lot of credit card debt, currently unemployed, no income or assets,

is it best to send creditors a cease and desist letter, or just hire an Attorney with a retainer, to just take calls ,and tell creditors he is represented, I can not handle the phone calls

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: As soon as he files the bk, all letters, calls, communications cease.

Barbara Cusumano
Barbara Cusumano
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Thank you for submitting your question. Based on the facts presented, in my 25+ years of practice I have never recommended "cease and desist" letters or keeping an attorney "on retainer" to try to keep creditors at bay for a number of reasons. Namely, your son's creditors could sue him whether "cease and desist" letters have been sent or not. And, having an attorney "on retainer" does not stop lawsuits, it just means that creditors would call the attorney rather than your son. Over time, this could be costly. Further, your son's current unemployed work status has nothing to do with being sued. A judgment could still be entered against him. To make matters worse, once he starts to work again, in Florida, his wages could be garnished up to 25% of his gross income. I would definitely recommend that your son investigate filing a chapter 7 bankruptcy with an experienced Florida bankruptcy attorney. With a Chapter 7 bankruptcy, all of the creditor calls would stop and your son could wipe out/discharge all of his unsecured debt (credit cards, lines of credit, bank loans, signature loans, medical bill etc.) within 90 days of filing (with no tax consequences) and, he would start to re-build his credit almost right away.

So, in my opinion Chapter 7 bankruptcy is his best option. I hope this answer helps. You are a sweet mom for helping!

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