Q: Facing eviction due to debt and need legal help

A: Based on your description, it appears you are fighting an uphill battle that you can never win. Consider looking into filing for bankruptcy. But first, please understand that bankruptcy is a very complicated process. It is important that you educate yourself about bankruptcy before jumping into the unknown. As part of your education, watch the Bankruptcy Court videos (link below), which explain the bankruptcy players and how bankruptcy works. Important: Do not assume the information you see on the Internet is accurate or applies to your situation.

Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take the time to educate yourself and to determine which attorney is best to assist you in the process. It is best to interview two or three attorneys before making a decision about whom to hire. Talk to the attorney you will be working with, not a staff person. When interviewing the attorney, ask how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both Chapter 7 and Chapter 13 cases. Ask about their policy of returning phone calls. Ask the attorney for references. Don’t assume the attorney is being honest about their experience and capabilities. If, after talking with them, you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources, such as www.AVVO.com and the State Bar (make sure they do not have complaints), and also look at their online reviews.

Any good bankruptcy attorney should be committed to answering specific questions about your situation and helping you understand your options. At all times, remember that this is your bankruptcy, and you should understand what is happening. The attorney should educate you and be there to assist you in learning how to avoid pitfalls and plan for your future after bankruptcy. In other words, they should be your guide through this process. There are hundreds of “bankruptcy” attorneys in Arizona. Of those, only a few will fit the criteria set forth above.

https://www.youtube.com/watch?v=jobpaNCY-LU&feature=player_embedded

I hope this information is helpful.

A: You're facing a very challenging situation, but California offers several protections and resources for people struggling with debt and eviction, particularly seniors or disabled individuals. First, you may qualify for protection under the Fair Employment and Housing Act (FEHA), which prevents discrimination against tenants based on disability. If your disability contributed to your late rent payments, it's possible to request reasonable accommodations from your landlord, potentially including fee waivers or extended deadlines.

Regarding payday loan debts, consider contacting a nonprofit credit counseling organization approved by the state. They can help you manage your debts or potentially negotiate directly with lenders to reduce your burden. Additionally, legal aid organizations in California offer free or low-cost assistance and could help you address unfair fees imposed by your landlord.

Finally, California law limits late fees and requires they be reasonable and reflect actual damages. The $300 late fee and $175 legal fee might be contestable if they're excessive or improperly documented. Reach out to local tenant rights organizations or legal aid immediately—they can guide you through these protections, help you understand your rights, and advocate on your behalf to avoid eviction.