How to give up on financial commitments cleanly if not amicably
July 15, 2019 6:44 AM   Subscribe

I'm disabled but able to work, unemployed, and it looks like I will run out of money and have to give up my rental home, possessions and the hope of paying off my credit card before I can land a job. YANML nor accountant. Please tell me how to handle the legal/financial logistics of navigating this.

I know this AskMe may be diffcult for you to read. Your sympathy and well wishes are assumed and appreciated and do not need to be expressed here. I assure you I'm a fighter with a positive attitude. I'm here asking only for concrete what-to. how-to and what-to-expect information.

About me: I am in California, not married, over 55 (hello Medi-Cal), no family nearby, disabled very mobility impaired, currently recovering from complications in a skilled nursing facility. I have held down a job while disabled and have worked remotely from a nursing facility while recovering before. I'm nearly ready to leave the facility, this time for good.

When I was laid off a year ago, I was confident I had updated my skillset sufficiently to be able to get another job. To my surprise, my 'new' skills are also quickly becoming obsolete and my job search has been a nightmare. I've been working hard doing online training to update, deepen and acquire skills. Each time I add a skill, I update my resume, get leads, fail to make it past a phone screen, find out I need yet another skill or even more depth in an existing skill, and the cycle continues. I kept going, always thinking the next cycle would be the one where I'd finally succeed. Well, I'm finally running out of time.

Since I'm a desk-bound IT worker and my disability does not much prevent me from doing my job, my road to getting disability benefits is going to be long, full of appeals, and the check wouldn't really prevent the inevitable loss of home and possessions. I'm in a high cost of living area where most of my prospective employers have offices. Relocating is not possible near-term.

I am a renter. I have $xxxx credit card debt. I own a late model crossover (parked for quite a while and declared non-op) and some appliances. I have no money or physical ability to store, sell, donate or trash any of my personal belongings beyond keeping a footlocker's worth. My last local close friend who could help left the area a year ago for family reasons. Getting into section 8 housing won't have any effect on this issue. I've been away from my home long enough that I doubt I could make a case for staying and waitng to be evicted. Besides, my landlord's been good to me in the past.

Once I give 30 days notice, I doubt I will be allowed to retract it even if I get a job during that time.

The facility won't discharge me if I lose my rental home, so at least I won't end up on the street. I'm currently on the county Medi-cal program.

So I'm in for an unavoidable crash. Let's assume that disability income will not arrive in time or be adequate. Let's also put aside the issue of my job search, which will continue regardless until my prepaid phone expires. So let's not dwell on these issues.

Please help me assemble a 45-day (as in from 15 days before 1st of month, thru bank bal = $0 at day 45/end of month) timeline and checklist to do the necessary tasks in an orderly manner, and help me understand and prepare for whatever actions my landlord, credit union(card), other non-creditor financial institutions (backup checking and drained savings) will take against me. In particular, who can I sign over my possessions to, do I need to file for bankruptcy and how would I pay for it, and how would I get to the lawyer or courthouse without money for public paratransit. If you were me or if you've been in this situation, how would you manage this?

I'm still holding out for a miracle - a job offer before the point of no return.

Edit: The nursing facility's social workers are nice but not much help.
posted by anonymous to Work & Money (16 answers total) 2 users marked this as a favorite
 
I don't know where you are in California, but in Alameda County (and I'm guessing elsewhere) we have programs to help prevent people from becoming homeless. I'm not sure if that would apply in your situation since you can stay in the nursing facility, but it might be worth talking to them about what assistance may be available. Have you applied for temp jobs?
posted by pinochiette at 6:52 AM on July 15, 2019


Have you talked to your landlord? Good tenants can be hard to find. If its only going to be a few months until your disability or a job comes through, he may be willing to give you an extension on your rent payments for a few months . Or if you're going to be in the nursing facility for some time, could you sublet to cover the rent payment?
posted by missmagenta at 6:54 AM on July 15, 2019 [3 favorites]


Consider the services of a commission-based estate sale company (which is likely what your landlord will do on your default). If your personal effects have any resale value, you may be able to get your place cleaned out and wind up with some dollars in your pocket rather than your landlord's.
posted by seanmpuckett at 6:54 AM on July 15, 2019 [1 favorite]


Since you mention your prepaid phone expiring--if you are very low-income you can potentially get a free limited cell phone plan (sometimes called 'Obama Phones' like people call ACA health plans ObamaCare). Here's one website about it.
posted by needs more cowbell at 7:14 AM on July 15, 2019 [9 favorites]


Would seeking help by making a GoFundMe post be a possibility? And regarding your phone, if you know anyone with a family plan that has extra slots, you might be able to get them to include you for low- or no- cost.
posted by carmicha at 7:48 AM on July 15, 2019 [2 favorites]


Former legal aid attorney here, and this is not legal advice, but I strongly suggest that you get a lawyer, because it sounds like you are a priority for free legal services from your local legal aid due to your imminent risk of losing your housing and potential need to file bankruptcy. It is technically possible to jump the Section 8 wait list, but you need to talk to a local service provider about that option.

You may also want to reach out to lawyers who provide services for people with disabilities, because they may be able to offer additional free services, including to seek reasonable accommodations under the Fair Housing Act for things like eviction defense (check out the template letters (e.g. p. 19) at the end of the linked booklet, but note this is not legal advice for what to do and is instead a question for an attorney in your jurisdiction, including because there may be additional legal protections under California law). You likely do have a case for staying in your home, especially because it sounds like you are experiencing a temporary hardship that is due to the nature of the administrative systems that are otherwise designed to support you maintaining your home independently.

The California Department of Vocational Rehabiliation may also be able to help you with financial support that helps you find and maintain employment, and while this varies by jurisdiction, it may be substantial support that can be pursued while you also seek SSDI.

Because you are over 55, SSDI may be a faster process, and there is an emergency assistance program through SSA while your claim is pending that may be available, so I also suggest that you speak with an SSDI attorney, which has no immediate cost, because they operate on a contigency fee basis. Your local legal aid may handle these cases or may be able to make referrals to local attorneys who handle these cases.

In the meantime, there may be local agencies and organizations that can help with the cost of things like bankruptcy filings, transportation, rent payments, utilities, etc, and Benefits.gov offers an overview, as does this searchable directory of Community Action agencies. It also sounds like you qualify for California's General Assistance program, which could at least make some cash available for basic expenses now.
posted by Little Dawn at 8:57 AM on July 15, 2019 [16 favorites]


...in the meantime, do not "sign over" any possession of value to anyone. If you file for bankruptcy, the court may look on that transaction as a preferential transfer and void it.
posted by praemunire at 9:41 AM on July 15, 2019


You should be considering bankruptcy to ditch the debt and preserve whatever cash you have on hand.
posted by DarlingBri at 12:48 PM on July 15, 2019


Second the advice to seek legal advice.

After consulting a lawyer, you may be able to strike a deal with your landlord. Your landlord may be willing to go Sec 8 for you for the guaranteed income (I freely admit, I have no personal experience with this, just trying to help root out all the options).

You should also have a social worker available to you through the SNF or the original hospital. Make sure to request that they come see you.

When SO and I were both laid up and needed help we placed ads on craigslist. It becomes pretty easy to sort the wheat from the chaff. People who respond "I am interested in your post" are less reliable than people who respond "I am between projects right now. I have a truck and my own tools. I take my kid to school at 8 so I am available after 8:30am on weekdays." etc.

If you really need to clean out your place (maybe your LL will help you with storage?) you could post an ad saying "I need help cleaning out my possessions, we can do flat fee or we can split the sales price". Don't ever offer to pay someone hourly.

I appreciate the spirit of your post and your tenacity is readily apparent, but please do check back in with us and let us know how you're doing. You know Mefites love to help each other.
posted by vignettist at 1:32 PM on July 15, 2019


Mod note: From the OP:
Some additional details I left out -
* Without going into detail, I am certain my landlord is unlikely to be accomodating.
* What I have to sell would be looked at more like a huge storage locker auction than an estate sale. Electronics, E-waste, batteries, etc. all mixed in with books, videos, dvds, junk drawer stuff. Not worth buying and inappropriate to be thrown away without a major sorting project. Also some identy theft fodder. The car would need to be re-permitted, smogged etc. I would need to move back into my home to manage this, but I'm still in the facility because I can't live on my own again just yet. I can work an office job with accomodations and others present.
* Tried a GoFundMe a while back, it got shut down immediately. I got ghosted by nearly all of my business contacts and many fiends when I sent a gentle, polite email asking if they could help. The rest had their own family issues.
* I haven't been living at my house, so I don't think I have the same eviction leverage as if I were actually there instead of checking in periodically.

I still haven't seen a direct answer to my question, so here's mine, please improve it. Feel free to correct me or add detail.

* 1st of month - give notice, explain I have to abandon my things
* Last of month - turn over keys, contact credit union, file for bk
* Once BK is filed, all my checking/savings accts get turned off everywhere, right?
posted by restless_nomad (staff) at 2:20 PM on July 15, 2019


If you're in the SF bay area, I'll come help you as I am able with any moving / selling / errands / anything else stuff you need. I charge three smiles an hour (friends & family of MeFi rate).
posted by allkindsoftime at 2:23 PM on July 15, 2019 [6 favorites]


I still haven't seen a direct answer to my question, so here's mine, please improve it. Feel free to correct me or add detail.

I can't give you a direct answer to your question, because I'm not licensed in your jurisdiction and it would be the unauthorized practice of law, and AskMe is not a forum where legal advice can be provided that you can rely on to make decisions about how to protect your legal interests.

I do see possible options available that you may not have considered, because I have years of experience contacting landlords as an attorney and a lot of success developing reasonable agreements on behalf of clients, because there are extensive legal protections available, regardless of whether you have been in your home recently or not. You have extensive rights under a variety of laws, including state-level laws that I am not aware of, and you would need an attorney in your jurisdiction to explain how they may or may not apply to your specific situation. I can tell you that your landlord situation may be one of the easier aspects, especially if you are able to get a legal aid attorney to assist you, and it seems likely that you may qualify for assistance, based on my general understanding of priorities for representation.

It is your choice about how you want to proceed, and I completely respect whatever decision you want to make, but I am encouraging you to fully understand your options before you give up on maintaining your home, if you want to maintain it.

You will also need to understand more about bankruptcy (LawHelpCA) from an attorney, and what it can and cannot do, especially if you become "judgment proof." It is likely that you can get a free consultation from an attorney about whether it makes sense to declare bankruptcy, or whether negotiation with the credit cards makes more sense to try to charge off the accounts for a small payoff amount.

One of the issues that stands out the most to me is your ability to work and how close you sound to being able to leave the facility - to me, especially in light of my own experience with disabling health conditions, this means that there are an array of services and organizations potentially available to help support your ability to live independently and to find work with reasonable accommodations. My comment above is based on a mix of personal and professional experience, so I would encourage you to first spend some time making some calls and finding out more about services that you can access, starting with attorneys and organizations that offer emergency financial benefits.

Basically, your timeline could be:

1. Get a legal aid attorney to negotiate with your landlord, based on the FHA and related tenant protections. Try to jump the waitlist for Section 8.
2. File for General Assistance to get cash for things like your phone, basic needs, utilities and maybe a partial rent payment.
3. Get an SSDI attorney, and file your claim ASAP. File for emergency assistance with SSA. Make a partial rent payment.
4. Contact your local Community Action agency and ask for help - it varies and may include utility assistance, transportation costs, etc.
5. Consult with a Bankruptcy attorney to determine whether bankruptcy is an option for you.
6. Apply for Vocational Rehab - eligibility may depend on housing and medical stability, which is one reason I emphasized housing first, and how it sounds like you may be able to leave the facility soon. VR benefits vary by jurisdiction, but they may be able to help you find a job, and with expenses like car repairs or anything that is reasonably related to finding or maintaining work.

It is a lot of logistics, but you could also end up with a lot of costs and logistics related to trying to remove your possessions and losing your home, and then trying to restart. Based on my experience, every agency and organization I went to when I was in a health and housing crisis emphasized the need to hold onto my home, because it can be so much harder after it is gone.
posted by Little Dawn at 3:39 PM on July 15, 2019 [15 favorites]


When you're a legal aid attorney, every problem looks like a legal aid problem. Source: am currently a Californian legal aid attorney and this sure does look like a legal aid problem to me. But you have very much already heard that, so...

If you are in the East Bay, CRIL is the best place for the logistics of life as a disabled person that I know about-- really passionate, creative advocates and they have access to some kind of unexpected sources of funds.

Anywhere in California, CANHR is a great resource for questions about your options & treatment at your current facility, most relevantly how county benefits like GA/GR or food stamps might interact with your stay.

Seconding allkindsoftime's offer. Memail me if you need a hand.
posted by peppercorn at 4:13 PM on July 15, 2019 [3 favorites]


Some very good advice has already been given, especially by Little Dawn, so please click through those links. It would really help to know where you are located so that we can give more accurate advice. For example, if you are in the Bay Area, please call Bay Area Legal Aid first thing tomorrow. They'll do a phone intake and if you qualify for free legal assistance, they'll assign you an attorney(s) to help you deal with your housing, SSDI, and bankruptcy issues. I strongly encourage you NOT to file for bankruptcy or give notice to your landlord or abandon your things until you get legal advice from a licensed attorney in your area. Even though I know you're trying not to screw your landlord, who has been understanding in the past, there are legal protections in place to help you through a housing crisis like this. Talk to a lawyer first.

Try to keep as much of your cash for yourself that you can until you speak to your lawyer. This means stop paying bills you can't afford at the moment. Some credit cards (like my credit union) allow you to skip a month of payment without penalty; check online to see if yours offers this service. A lawyer may also help you negotiate with your credit card company to lower your interest rate or any number of other solutions without you having to declare bankruptcy, that's why it's best to speak with one first. Or you may ultimately need to declare bankruptcy and they can help you through it.

Apply immediately for CalFresh (also know as SNAP) food and General Assistance benefits online. If you're already receiving Medi-CAL and you have an online account established, you should be able to apply on the same page. If not, you can apply based on what county you live in.

Setup a google voice number so that you'll have a place where these agencies can contact you in case you lose access to your cell phone. You can turn on the transcription service and have your voicemails sent to your email.

Get a temporary mailing address! This is important because if you lose your housing, you'll need a place where these govt agencies can send you forms and paperwork. If you don't have a trustworthy friend or family member in the area, get a post office box at a mail center like Postal Annex. Set up your mail to forward there before you lose your current housing.

If/when you declare bk, they're unlikely to take your car and household items, so don't be in a rush to dump everything. That should be the last thing on your mind. Please contact a legal aid lawyer right away to help you stabilize your housing first.

Also, gather all of your important legal documents (birth certificate, passport, drivers license, social security card, etc) and keep them in a safe place, i.e. with you at all times. You'll need those when applying for SSDI and other benefits.

I'm so sorry you're in this difficult situation. Your fierce attitude is admirable and I wish you all the best.
posted by LuckySeven~ at 4:30 PM on July 15, 2019 [3 favorites]


Please talk to your care team about being screened for depression. Unemployment, health problems, money problems, trying to give away everything you own, and not seeing alternatives all suggest that a check in on your mental health would be a good idea. Getting set up with therapy/meds/support will help you adjust to the imminent life changes that are coming however things sift out.
posted by momus_window at 5:41 PM on July 15, 2019


Does your facility give you access to a social worker? They may have one on staff or otherwise available, and they may be able to help you navigate some of this.
posted by jenkinsEar at 7:44 PM on July 15, 2019


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