Credit card debt q's?

drewmitch44

Lieutenant Commander
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Jun 26, 2005
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Is there any lawyers in here? Or someone that knows something about credit debt? My wife was served with a paper from a court house about a credit card debt today. What is non-arbitration? The debt is not for that much money. We cannot pay it all right now or anything im just wondering if anyone here knows about this kind of thing? We got 20 days to respond to it but i really dont understand the wording of it. Its verry verry unclear what we should do at this point. Anyone know about this kind of thing? I could really use some help on this!
 

RPJS

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Jul 29, 2002
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1,572
Re: Credit card debt q's?

I know nothing about US credit law, so I'm sorry I can't help you with the legal side of your problem.

If I were in your shoes I would be talking to the credit company with an aim to sorting out how you will pay back the money, no company wants to take someone to court, it's a waste of time money and effort, I'm sure if you contact them and explain your situation they will be more than happy to agree a repayment package for you.
The one thing you most definatly don't want to do is ignor this problem, it won't go away on it's own.
 

JB

Honorary Moderator Emeritus
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45,907
Re: Credit card debt q's?

Too bad it got that far, Drew.

When my son's company folded in '01 they had 2 credit cards in my name and both accounts were delinquent but not in default. I don't know what the legal definitions are.

I called each company's collections guy and offered them $.50 on the dollar, cash, now. One accepted and the other settled for $.60. Luckily (???) I had the cash available. I have heard of CC companies settling for as little as $.10.

There were 2 complications to that method:

First: The portion of the debt that is "forgiven" in that sort of debt termination is legally income and income taxes must be paid on it.

Second: Your credit report will show that as a defaulted account for 7 years and put a big minus of your credit rating. I just this year got them off my record and got my credit rating repaired.

Of course, a very low credit rating might be a healthy restraint in getting better control of credit use. Don't know if your wife needs that or not.

Good luck.
 

Shizzy

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Re: Credit card debt q's?

more then likley that credit card is going for a judgment against you. In a sence they are suing you for the amount owed. If its not too late, contact whoever has the reigns right now and work out a deal. as stated earlier many times they will take a portion of whats owed if you have cash in hand. I have paid $3-400 on a $8-900 bill. it sucks when you get behind, but ignoring the situation gets you nowhere.

once they do get a judgment against you then it stays on your record and becomes very simple for them to have your pay garnished.
 

gcboat

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240sx4u

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Re: Credit card debt q's?

I dealt with a similar situation when I closed my business. There were lots of loose ends. Communication is key, they are assuming you are some dead beat who won't pay. If you contact them they will likely give you the opportunity to pay. If it hasn't gone to collections yet, try to arrange to pay it so it won't effect your score. Even if it has, and you pay it.. they can remove it from your record (they did this for me).

Good luck!

Evan
 

gss036

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Re: Credit card debt q's?

One reason they get the lawyers involed and a court judgement is that you cannot get rid of it with "Bankruptcy". If you ever sell a house etc, they will be inline for money before you can close the deal and the payment would be paid by escrow settlement.
 

Shizzy

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Re: Credit card debt q's?

One reason they get the lawyers involed and a court judgement is that you cannot get rid of it with "Bankruptcy". If you ever sell a house etc, they will be inline for money before you can close the deal and the payment would be paid by escrow settlement.

not so for me in MN. other states may differ, but I filed earlier this year and those were put on the bankruptcy. the judgments still show up on my credit for 10 years though.
 

kenmyfam

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Re: Credit card debt q's?

As said earlier. Talk to them and see if you can come up with a repayment schedule and a settlement amount. Bankruptcy is not always the best option. The more you talk to the creditors the better your chances of coming to a settlement. Try to get them to mark as a "no issue" on your credit if you come through with the payment plan as scheduled. I am in Canada and this worked for me when my ex abducted the children many years ago and emptied the bank accounts and maxed all our available credit.
156,000 dollars in legal fees later and a ruined credit rating I managed to climb back to being creditworthy again. The children have been with me ever since as well although they are now all in their twenties.
Be firm when you speak to them but pleasant and matter of fact. Ask to discuss the matter with their supervisors if you get no results and then managers and so on. Always remind them that you are trying to resolve the matter not hinder it. After some hard bargaining they will usually accept something close to your offer as they know the alternative is getting nothing without using the legal system.
Worked for me. Good Luck.
 

Mark42

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Re: Credit card debt q's?

I agree that communication is the best track to a solution. Offer 30% or so and see what happens.

Otherwise, send them notification that your policy entails a charge of $195 hr for your time. Send them a bill for every communication they have with you. If they do not pay, put them in collections.

Its amazing how well that works.
 

BMOLCHANY

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Messages
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Re: Credit card debt q's?

I wish you the best of luck with it. In most cases that I have dealt with the companies are more than happy to get .50 vs 0.
 

jay_merrill

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Dec 5, 2007
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5,653
Re: Credit card debt q's?

Be very sure that what your wife received is a real court document. If she received it in the mail, it probably isn't. One of the favorite tricks that collection agencies play is to mail documents that look like legal judgements, but really aren't.

My advice is to seek out a non-commercial credit counseling organization. There are plenty of them around. Don't go to the ones that are for profit - find one that is run buy some sort of a non-profit. They will examine the document that you received, go over your debt with you, and give you advise on how to deal with the problem. They may even help you with negotiations to reduce the debt and pay it off.
 

jcare

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Re: Credit card debt q's?

Drew, it all depends on the state you are in, I am in North Carolina, and this is what I would tell you if you called or came to my office. Unless you have the money to even discuss settlement and making an offer, I have not seen the company agreeing to accept a lower amount over time. Which credit card company makes a difference as well, as some will deal, and some will not. It depends which law firm is handling the case, some will go away after awhile if you can find something to make them do some work and fight them. It also depends of several other things, that are state specific. For intance, in NC, you said this was just against your wife. If that is the case, you could open a bank account in just your name, which will not be able to be collected from, your real property should be exempt if titled in both husband and wife names, you can't levy on a paycheck here in NC, and your wife would have her right to exemptions to cover certain other assets.

That is just a start, and very state specific. I am just below Virginia, and they are different from here, so I would really encourage you to find a local attorney who handles some of these and can at least explain the law to you so you don't do something you could have avoided.

I agree that communication is the key when things get tough, but since the suit has been filed, which you can confirm with your local court house, or the courthouse where the case was filed, I would try it, but don't rely on that working at this point.

I wish I could help you more, and would if I could.
 

SooLineRob

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Re: Credit card debt q's?

While not germane to the instant topic, a word about "debt":

I received a "formal" letter from a collection agency offering me three payment options on a debt. I had no idea what this was about; a recent credit check showed no problems and above average scores. I went online and got some background information on the collection agency that sent me the threatening letter. I called them from a blocked Caller ID phone and talked to them. I found out:

They said I defaulted on a loan from "Bank A". When challenged to provide details about the loan and amount, I was ridiculed for "...not being a man and taking care of my responsibilities...". I did not provide the agency any personal information, such as phone number, employer, etc, even though I was again ridiculed for "...trying to hide like a coward who won't pay his debts...".

I responded to the original letter by disputing the validity of the debt in writing, and demanding proof that I ever did any business with "Bank A". In addition, I informed the agency if I received any further correspondence from them without documentation I did business with "Bank A", I would promptly report them to every single law enforcement agency that handles matters such as fraud, identity theft, et cetera.

Needless to say, I never heard from the collection agency again. My credit history remains in good standing.

What most of these "collection agencies" do is they buy defaulted accounts from lenders for "pennies on the dollar". They send out threatening letters to EVERYONE with the same name. They offer to "settle" your debt of $1000.00 for a one-time payment of $333.34, or other combinations thereof. So, they send out 29 letters to 29 people with the same name, and MAYBE one person pays them the $333.34 on a debt the agency purchased for $1.07. And the best part is once a debt goes to collection, the original lender (bank) has written off the debt as "uncollectable" (charged off) and that person's credit history will be damaged. Paying the collection agency WILL NOT restore the credit history; since the lender will not recover the money ... the collection agency simply gets the money!

When dealing with debt issues, always keep in touch (and negotiate) with the LENDER that is owed the money. That's the key to handling debt problems and credit history. Always know WHO you're talking to about money owed! Once the lender gives up trying to collect the money and turns over (or sells) your debt to a collection agency, it's too late.

I hate to say this, but there's NO POINT in paying a collection agency. Except maybe piece of mind ... paying the agency will not restore/repair any damage done to one's credit history.
 
Joined
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Re: Credit card debt q's?

Im no attorney but in North Carolina (my state) I understand everything is joint property between married people. If the wife has ruined her credit and has a judgement against her it can stand against her "half" of the couples assets. In other words they cant take their home but can collect from her half when the place is sold. Another thing I learned after an accident with a non insured driver is that you can get a judgement against someone for a million bucks but if they have dependant children you cant collect a penny.My advice is NEVER have a credit card if you dont have a rigid plan on using it and paying off the balance very quickly.
 

Tyme2fish

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Joined
Feb 19, 2002
Messages
2,481
Re: Credit card debt q's?

Another thing I learned after an accident with a non insured driver is that you can get a judgement against someone for a million bucks but if they have dependant children you cant collect a penny.:eek::eek:

I bet that drives the population up.:mad:
 

Shizzy

Ensign
Joined
Aug 5, 2007
Messages
984
Re: Credit card debt q's?

While not germane to the instant topic, a word about "debt":

I received a "formal" letter from a collection agency offering me three payment options on a debt. I had no idea what this was about; a recent credit check showed no problems and above average scores. I went online and got some background information on the collection agency that sent me the threatening letter. I called them from a blocked Caller ID phone and talked to them. I found out:

They said I defaulted on a loan from "Bank A". When challenged to provide details about the loan and amount, I was ridiculed for "...not being a man and taking care of my responsibilities...". I did not provide the agency any personal information, such as phone number, employer, etc, even though I was again ridiculed for "...trying to hide like a coward who won't pay his debts...".

I responded to the original letter by disputing the validity of the debt in writing, and demanding proof that I ever did any business with "Bank A". In addition, I informed the agency if I received any further correspondence from them without documentation I did business with "Bank A", I would promptly report them to every single law enforcement agency that handles matters such as fraud, identity theft, et cetera.

Needless to say, I never heard from the collection agency again. My credit history remains in good standing.

What most of these "collection agencies" do is they buy defaulted accounts from lenders for "pennies on the dollar". They send out threatening letters to EVERYONE with the same name. They offer to "settle" your debt of $1000.00 for a one-time payment of $333.34, or other combinations thereof. So, they send out 29 letters to 29 people with the same name, and MAYBE one person pays them the $333.34 on a debt the agency purchased for $1.07. And the best part is once a debt goes to collection, the original lender (bank) has written off the debt as "uncollectable" (charged off) and that person's credit history will be damaged. Paying the collection agency WILL NOT restore the credit history; since the lender will not recover the money ... the collection agency simply gets the money!

When dealing with debt issues, always keep in touch (and negotiate) with the LENDER that is owed the money. That's the key to handling debt problems and credit history. Always know WHO you're talking to about money owed! Once the lender gives up trying to collect the money and turns over (or sells) your debt to a collection agency, it's too late.

I hate to say this, but there's NO POINT in paying a collection agency. Except maybe piece of mind ... paying the agency will not restore/repair any damage done to one's credit history.
thats bad advice. once it goes to collections now there is a mark on your credit rating under the collection agency. you now have 2 marks on the same debt. over time the "charged off" may fall of your credit rating, but the collection agency one will stay on till its paid. once its paid it will read "payed per agreement"
 
Joined
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Re: Credit card debt q's?

What would happin if a person who had 5 or 6 credit cards would put EVERYTHING he owned into a friends or relatives name and then max out all of the cards .Perhaps buy 20 0r 30 k in gold coins and hide them and then just tell the credit card company to go pound sand. What could they do? besides put a big black check mark on your credit report as If you gave a chit?
 

Shizzy

Ensign
Joined
Aug 5, 2007
Messages
984
Re: Credit card debt q's?

lets see....

#1, credit score goes to zero

#2, one judgment after another against you

#3, wage garneshment

#4 all bank accounts levied........

I really dont find humor in joking about debt.

I got the short end of the stick when I got divorced (CC debt I didnt even know about) hooked up with a girl who stole money from me and then had a stack of medical bills. I spent a good part of 5 years trying to work my way out of it. it sure is hard to recover from 50k of debt when you only make 30k a year. After treading water for all that time and not getting any closer to shore with lungs full of water, I filed for bankruptcy so I get a fresh start. that means cash only, one credit card that sits in a drawer and is only used for one tank of gas a month. in 2-3 years Ill qualify for a home loan so I wont have to keep renting a crappy apartment.
 

Uraijit

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Messages
884
Re: Credit card debt q's?

Not to mention that you'll never be able to buy a house...
 
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