Deal With Collectors
If you will not pay your account, you will become a delinquent borrower
and your account will be handover to the collection agency. Eventually,
will send you demand letters, collection calls and notices. After due
time, will file case in court in order to compel you to pay the
obligation. They may also attach your real property and if the value of
the property attached is not sufficient enough (based on their very low
assessment) they may include garnishing your wages.
Late payments are added to your credit report as you're 30, 60, 90,
120, and 180 days late. Unfortunately, these late payment notices will
make your credit score decrease and could ruin your ability to get a
credit card, loan, or even a job. Your insurance rate could also go up
based on the credit card delinquencies.
Six months (180 days) after you stop making your credit card payments, your account will be charged-off.
With a charge-off, the credit card company benefits (somewhat) not you.
A charge-off allows the credit card company to get a tax deduction for
your unpaid credit card balance. Meanwhile, you get a serious blemish on
your credit report that will stay there for the next seven years
alerting everyone that you once defaulted on a credit obligation.
Charge-off accounts are usually sent a collection agency. From there,
they get moved from one collection agency to another until they are
paid or discharged in bankruptcy. Your original creditor or a third
party debt collector can sue you for the debt until it's paid or
bankrupted. After a certain amount of time, the statute of limitations
can protect you from a lawsuit judgment but the account must be
completely inactive for several years and the burden of proof will be on
you.
If you can't afford your credit card payments, contact a consumer credit counseling agency who can help you explore your options.
Visit your credit card office and ask them what to do, they are the only
people who can help you now. You may ask for postponement of your
re-payments with penalties waived. Tell them all your problems and they
surely will help you.
Writing a hardship letter to your credit card companies can result in lowered interest rates and lowered payments.
Your credit goes straight to hell, and then you'll get plenty of phone calls you don't want, and letters. If you use your cell phone as your main phone, or if you have caller id, you can pretty much ignore the phone calls, and trash the letters. Or you can tell the companies your situation, and see if they will work with you.
Bad credit--don't let these shills for the CC companies who are answering you mislead you--you can live a pretty good life on bad credit. The creditors just want to know you are trying, not hiding from them.
Amount of debt
A lot depends on the amount of the debt. If it is only several thousand dollars they will sell your account to a collection agency who will start hounding you at home and work. They will also place a negative report with the credit reporting agencies and all future credit will probably be denied for the next seven years.
If it is a substantial amount then you will probably get a letter from an attorney and they will take you to court. When they get a judgment it will be collected in accordance with the laws of your state.
The Option of Bankruptcy
What about the option of filing for bankruptcy? You don’t actually
need a lawyer to file for bankruptcy; however, it’s advisable that you
do, so the bankruptcy attorney can guide you through this complicated
process and try and absolve most of your debt. Bankruptcy could be an
option for you, especially if debt is an ongoing situation. Bankruptcy
is discouraged for the most part, since it mauls your credit report and
marks you for the next seven years. Some tend to think of bankruptcy as
an easy way out. Unfortunately, the facts show otherwise.
Recent legislation in congress now states that even if a party files
for bankruptcy, that doesn’t necessarily mean that all debts will be
forgiven. In 2005, CNN reported
that George W. Bush signed a new bankruptcy reform bill that makes it
harder for individuals to clear up debts through bankruptcy options, and
restores more power to creditors. So, while bankruptcy is an option, it
should continue to be seen as a last resort. Unless you have a good
bankruptcy lawyer, the odds are stacked against you coming out on top in
a bankruptcy situation. The last thing you want is to owe more money
after you’ve ruined your credit and filed for Chapter 13!
Wages
Your wages may or may not be able to be garnished. It depends on
what state you live in. For example, if you live in Texas, your wages
cannot be garnished for anything other than child support.
Bank Accounts
Depending on what state you live in, they can seize your bank accounts. Again, in Texas, they have to first of all win a judgment against you, and then secondly, you have to disclose your bank account and account numbers or be subject to contempt of court. However, according to my attorney, the very day you send back your bank account information, you can then pull out most of your money (leave a small amount in for them to "seize), and then open a new account somewhere else, thus keeping most of your funds.
Property
Any real property that YOU OWN, such as land, houses, business
property, and inventory, can have a LIEN put on it, so that if and when
you sell that property, the amount of the lien has to be paid off,
before you get any money from the sale. Liens are registered at the
county or state level.
Clear the Debts
Just remember,
every time you make a payment lower than your minimum, even if you've
worked it out with the CC companies, you are extending your bad credit
countdown.
What I mean by this, is after the CC companies "charge off" your debt,
then you have 7 years until it either falls off your credit report, or
you write the credit reporting agencies to get it off. But if you keep
making late payments, or "agreed" upon payments, you are extending that 7
years of bad credit into a much longer time frame.
Again, this is state by state, so you need to consult with an honest bankruptcy attorney.
I know in my case, the attorney literally advised that I just stop paying.
Future
That is key--don't spend anymore than what you
have. Just learn your lesson. Eventually, you'll get offers for
"secured" credit cards, where you put in a dollar amount, and your
credit is equal to that amount. Then you'll be able to get car loans,
albeit at a higher rate. Remember, just have enough money to pay
everything off.
Eventually, every mortgage broker in the world will work with you to
help you get loans. Bad credit can be overcome, and is not some death
penalty sentence that people can make it out to be.
Also, make sure you are aware of any "universal default clauses" that
allow other lenders to penalize you for having defaulted on one loan.
You would not want one card issuer to raise your interest rate because
you did not pay on time some other bill that should be none of their
business.
Guilty Feeling
If you're feeling guilty, or if people try to berate you with things
like "meeting your obligations," just remember that the CC companies
weren't obliged to jack your interest rates to unmanageable terms. They
have more than collected what you borrowed from them in interest
alone, most likely. Don't feel guilt for corporations that get to run
ramshod through this country due to their power.
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