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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > Is there jail time in my future? :o(

Collections Law - Is there jail time in my future? :o(

Expert: Regan Shinski - 11/5/2009

Question
Hello! Thank you for taking the time to review my question. :-) I really appreciate it.

Please allow me to preface the following with a bit of necessary background info: I've struggled with a handful of (legitimately diagnosed) mental illnesses and a lack of insurance since I was a kid. I am Bipolar and also go through prolonged periods of extreme agoraphobia related to my eating disorder and BDD, which makes it very difficult for me to maintain traditional employment consistently or at all, hence the financial problems. Currently, I am attempting to build up an online income, as I am able to work comfortably from home, but that's very slow going (nothing coming in yet).

Several years ago, in my late teens, I had a Capital One credit card with a $250 limit. After a year or so, I became unable to continue making payments due to some unanticipated unemployment. :( The case was eventually turned over to a local law firm and is now worth more than $1400. They won a judgment against me, as I could not bring myself to appear. I've now been served with papers stating that I need to attend a hearing of some kind in order to answer questions about property, etc. The papers also said that if I didn't show up, the court might issue a warrant, but I may be able to excuse my appearance if I called their paralegal.

I called their paralegal immediately (which was incredibly hard for me to do, due to terrible anxiety), answered all of his questions and explained my situation: I have no property, no assets and no income; I own nothing of any real value -- no vehicle, etc., I've been housebound for more than a year and a half at this point, I've left home maybe 3 times in that period; my significant other takes care of everything from groceries to rent to checking the mail and taking the dog out; we are barely making ends meet financially. The guy was somewhat rude and condescending, insisting that the amount of my offer for a payment arrangement ($25/mo.) just wasn't enough and that I now needed to present some proof -- at or before the hearing -- of everything I'd just told him in regard to the mental issues. (I know $25 is not a lot of money, but that's the most I could realistically be sending each month, at this point.)

Anyway, I cannot leave my home, nor can I afford to go out and obtain current proof of diagnoses with no insurance and no money. I've been stressing out about this quite a lot because, as I told the paralegal, walking into a tremendously high anxiety situation like this hearing thing is almost inconceivable to me with my crippling mental issues -- I can't even shop for my own groceries!

So, my question is: What's going to happen to me if I can't force myself to go to this property thing? Are they seriously going to issue a warrant? Does that mean they will come to my apartment and arrest me? This is the first time I've ever been served with paperwork of this nature. How worried should I really be?

Right now, I'm also looking into filing for bankruptcy with the help of a state-funded legal service that assists people in scenarios like mine. If the bankruptcy were filed before the court date, would that excuse my need to appear there?

Again, thanks so much for reading this. Looking forward to your response!

Answer
Hello Mindy:

I am sorry for your situation. Bankruptcy would stop the collection of this debt including the court appearance, but I really believe it is an over-reaction to the situation and that there are other options. Bankruptcy is a ten-year black mark and you are limited to the number of times you can file. So unless you have SIGNIFICANT other debt, I would not do it unless it is really, really, a last resort.

Can you get proof of your disabilities? That really is the best route to go here. Get all the medical paperwork you can. Your doctor's offices should be able to provide them. If you are received any state or federal aide, that paperwork will also help. Copies of prescription history can help. Fill out your own statement - just like you did in this question - and get all this information to the court. At the very least that should delay it.

Also, call the court - not the plaintiff's paralegal - the court. Ask what can be done in your situation. They may be able to refer you to a pro-bono (free) attorney that can make an appearance for you or file necessary paperwork. In some jurisdictions, faxing a request for an extension is allowed.

The main thing is you HAVE to get some type of word to the COURT, not to their attorney, that you are physically and mentally incapable of appearing. Can your significant other help? Can he deliver papers, get papers, things like that? Can you give him power of attorney? Then he - or anyone you give that power to - can appear legally for you and explain your situation and turn in documents. That is a REALLY, REALLY good option for you if you have someone that is capable and willing to do so on your behalf.

I know it's a big deal and very stressful for you. For what it's worth, this is a minor situation that will likely pass if you can just somehow get that information to the court.

Good luck and please drop me a line letting me know how it turned out for you :) I get dozens of questions each week and someone in a similar situation may learn from how your situation turned out.

Regan
mbscompany@aim.com

p.s. The issue of a warrant would more than likely be for contempt of court. That is why you have to get word of your situation to them through the options described above. A warrant is possible but likely not immediate. They will usually send a document saying you didn't show up - explain yourself. Then if you keep ignoring them, a warrant can be issued. It really depends on the court and judge how many chances you get. Some do it right away, others give several chances. I would not take the chance. Get the information to them to be safe.

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