Sears sold my account to a collection agency

[sandbar3000]

I got a call from a lawyer. The lawyer told me that he works for a law firm in Texas. He has offices in California. (I live in Southern California.) I owe Sears (among other credit cards) about 2K. I think I made a payment to them about 7 months ago. I am unemployed at this time, I have no savings, own no home, own no car and I am not collecting any unemployment now. For the past 6 months (March-July) I was collecting very little unemployment, yet I didn't have enough coming in to cover that Sears bill. I asked the lawyer if I had to go to court. He did not give me a straight answer of Yes or No. I don't understand why he couldn't give me a direct short and simple answer. He told me that he would send me information in the mail about the law firm he works for. I have not yet received any court summons in the mail. I need clear cut answers. My mind works that way. Should I try for bankruptcy? Is there a chance that my case may win? (I have 7-8K in credit card debt) I earned 7K in 2006 while working

[mdnky]

He didn't give you a straight answer because he's not your lawyer. His job is to protect the client's interest, not yours. That would also be a breech of ethics and possibly some laws.That said Sears didn't sell your account. Sears as a retailer has no link to that account other than their name and the allowed use of the card in their store. The Sears Credit division was sold a few years back to Citibank (now Citi). They're who sent your account to collections.Did you contact the credit customer service department and explain your situation? You should have done this the first time you knew you couldn't pay the bill. By doing that, you could have avoided a lot of problems and possibly worked something out. The minimum payments on a card with a $2000 balance shouldn't be more than $100 a month. I hate to be the bearer of bad news but you're not in a good position right now. Most likely they'll attempt to collect from you for a few months, before they seek a judgement from a court against you. From what you've said, you have no justifiable reason for your absence of payment (there is almost no reason allowed) and they'll pass judgement against you. Then they'll legally be allowed to rape any bank accounts you have at their whim to satisfy the debt, or garnish your wages.They're going to have a major problem with your earnings for 2006. Then they'll ask why you didn't go to Taco Bell or such and get hired on for $8.50/hr for 40hrs a week (that's $17340/yr if working 51weeks), or some other similar job. The bottom line is you need to find a job fast, even if it is flipping burgers while you try to find something better, and you need to take the bull by the horns and start paying them something. If you can do the minimums, that may fix the issues (especially if you call them and explain your situation.) At the minimum call them, explain the situation, and tell them a number you can send per month until you can get your employment situation settled. They will try to work with you.Bankruptcy is not a good idea, nor does it necessarily wipe out what you owe your creditors. They changed the laws a year or two back and now its much more complicated and harder to get one approved, not to mention much more expensive. The lawyer handling it will charge you close to what it would cost to pay those bills off, then you're screwed (credit-wise) for at least 10 years after the date of closure (which is up to 2 years after you file).