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What can I expect on a payday loan threat?

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I have a difficult situation, not that the creditors care. I'm a Michigan resident. Back story first to explain how this came to be, so I'm sorry for the length. This is my first time here.

My husband has been difficult to make happy and we've ran up a lot of my name. I took out a payday loan in December with a 30 day to pay back to try and make sure some bills got paid on time knowing I should have been able to pay it back this month. I've never defaulted on anything before. He got drunk in December after the loan was already out and made threats to me indicating he may cause me physical harm in his drunken state. He's an alcoholic and abusive and been getting worse and it was a wake up call. I left him and just filed for divorce yesterday after finding an attorney that could work with me on cost. I didn't file a formal complaint with the police because they would prosecute him and he didnt physically hurt me, but they have the call on file. A couple weeks later they had to pick him up due to him being very heavily intoxicated and insinuating he might kill himself and sent him to the hospital where they kept him overnight and I had to talk to a social worker. I wasn't there, but he had been sending me the texts that sounded suicidal so the police were called for a wellness check.

At any rate, I have a lot of debt in my name and this payday loan. I've been trying to make sure my essentials are met and my insurance and car are paid. I'm trying to work on paying companies but it's taking time. I fell behind 3 weeks ago obviously after losing 2/3 of my income leaving my husband. My payday loan defauted 1/16/18 and Checksmart called me. They called me yesterday and left a voicemail which I wasn't going to return until I talked to my lawyer yesterday late evening after everyone was closed. Checksmart called my estranged husband today before I got out of work and he texted me that Checksmart called. Then they called me at work and dialed the wrong number and got one of my coworkers voicemails...which has her name on it....and they left a voicemail saying they were trying to get ahold of me and who they were and their number. I have the voicemail and transcript of this because she forwarded it to me. I called Checksmart to make sure they got the right work number. The first lady I explained...nicely...and she hung up on me when I was asking for the number correction, but all she wanted was when I could pay. She just quipped that they would be moving forward with the legal suit and hung up. I called back and explained and asked they take off that work number, and the next lady started threatening that they are going to turn me over to their lawyer tomorrow, and the lady insinuated I had planned this and it was farfetched that I would default on a loan and file for divorce a few days later. I broke down and cried and explained what happened. She told me how can I ask for time or say I can pay an attorney if I have other bills to pay and I have been paying all along. I explained that I lost that income, I can't keep up on them alone. Round it went, the more rude she became. I told her all I wanted was my coworker's number off, I felt she was being condencending, and please have a good day, and I hung up.

I contacted my attorney since the same one is going to be facilitating a bankruptcy as well when the divorce is final. We already looked at the posiblity of other mediation and there really isn't anything I can do with what I make versus what is owed and my lack of assets. He says that even if Checksmart files suit tomorrow, it would be 45-50 days before they could get a judgement and another 30 before they could collect. My bankrupcy filing should starting about 60 days when the divorce is final.

My concern is, are they able to keep calling other people and announcing who they are? How soon can they truly force garnishment? I'm so embarassed. I've also read that some credit card companies are prone to sue, but I think they give more time.

I never thought I'd be in this position. Despite all the really bad decisions we made and that I allowed to happen, I did always pay my bills and have a 100% payment history. I realized how that can all change in only a few days. I can be a great client for 10 years and a delinquent the next day. I definately have learned my lesson the hard way and I'm full of regret for the situation I allowed myself to be in. It's still not the right thing to break an agreement. I'm not used to this process and I'm really worried. I dont want my work to find out more than they already know. It's a small company. I need my job. I wouldn't consider bankruptcy if there was something feasible, but all the companies that can help with debt management need to do it in like 5 years and I basically dont bring home enough for them to make that happen. I spent a couple weeks looking at all the options available to me for debt management, and based on what I owe an make, bankruptcy has been advised by more than one individual. Trying to pay what companies I can.

In addition to my concern about the payday lender, in your experience is it better to pay everyone something or go hard after the lowest debts to get them paid? That's kind of what I'm trying to do. I got a christmas gift and paid off a couple small creditors and a medical bill. I need to save up for the rest of the lawyer fees too. They're letting me make payments. I'm also in school (which starts next week) because I'm only a few classes away from getting my credential and then I can be eligible for higher pay at work. I don't want to give up now and this semester is already paid for and not refundable. But I am stressed to the MAX trying to work a full time job, a part time job, 2 pending cases between the divorce and bankruptcy, and school full time. And I dont even have kids.

Thanks in advance for reading my novel and for your help.

They can't harass you by calling you repeatedly. Report this conduct to the state attorney general. Tell them that you want an extended payment policy. If they don't agree then offer a settlement. Also, in your case, bankruptcy will be better. Make sure the divorce attorney is good and efficient.

Sub: #1 posted on Wed, 01/24/2018 - 14:42

sanderspatricia29 sanderspatricia29

(Posts: 504 | Credits: 53.58)

My concern is, are they able to keep calling other people and announcing who they are?

They can. There is no such rule for creditors. FDCPA is applicable to the debt collectors.

Sub: #2 posted on Thu, 01/25/2018 - 11:23

ditchdebt ditchdebt

(Posts: 626 | Credits: 248.55)

That's good to know. I'm struggling with what to do and who to pay since I lost so much. I don't even know what I'm going to do about taxes yet.

Sub: #3 posted on Thu, 01/25/2018 - 17:37

Melissa C Melissa C

(Posts: 5 | Credits: 0.91)

As I said earlier, file bankruptcy or consider debt settlement program of you have good income.

Sub: #4 posted on Thu, 01/25/2018 - 17:51

sanderspatricia29 sanderspatricia29

(Posts: 504 | Credits: 53.58)

Hi Sanders,

Thanks for the input. Sorry I thought I already mentioned in my original post. I've been reaching out everywhere I can for advice to gain knowledge while I wait for some kind of additional response from my lawyer. I can't remember what page I wrote what. Anyway, I already explored all the debt management avenues and I cant do them. I am filing brankruptcy but the Divorce has to be finalized first. I'm trying to figure out if Checksmart will take me to court before my divorce is final I guess. I left my home on 12/27/17 due to my husband threatening me. It wasn't planned. The loan had been taken out 12/16/17. It defaulted on 1/16/18. My divorce motion was filed 1/23/18, so I have to wait 60 days I guess, or it might be 60 days from when my spouse actually signs the motion which he hasn't done yet. It could be 60-90 more days.

I just called the Checksmart store and after explaining what happened and asking what to do, the associate advised me I should wait and include it in my bankruptcy. I don't have enough to pay everyone and she said Checksmart would never take a settlement before it's gone to collection. So I guess it's a gamble on whether they will send me to collection or whether they will sue. If they sue, from what I'm reading, they could squeeze a judgement in right before my divorce is final and before I can file the bankruptcy motion. I can't come up with the amount they want in the timeframe they want. I already feel horrible about this. I wish they would have been willing to make payment arrangements that I could do. The woman at the store said I'd have to make it in 3 payments and I cant come up with that kind of money in one month

Sub: #5 posted on Fri, 01/26/2018 - 22:24

Melissa C Melissa C

(Posts: 5 | Credits: 0.91)

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