Need advice

from what i have read onliine, statute of limitaions on CC where i live is 4 yrs, which means they cant take legal action to collect the debt after that time, but i also rread collections agenciess have up to 20yrs??? doesnt make sense..also from what i understand is CC companies can chage off a bad debt after 6 months so that means they are rid of it, so why do they sell it to collections agencies??? ugh
Actually, the statute is 5 years in Florida (the location under your name), so you're two years away from successfully out-waiting the statute. AND CC companies can still attempt to sue you after 5 years - but once you inform the court that the statute has run out then the court should dismiss the CC company's case.

Companies can write off bad debts, and they frequently do write write it off when they sell those debts to collections agencies. However, if/when those agencies get any % of money from the debtor, no matter how small, the CC companies may reconsider taking the debt back. They figure where there's some money there might be more - which is why they may go to court to sue if the risk managers feel there's more money to be had from the turnip....I mean debtor.

The bottom line I got from the articles were that if you were to send in even $10 to a collection agency, that act alone resets the statue of limitations for that particular debt AND indicates to a multitude of risk managers that your situation has changed and now you might have some money.

So think carefully when you consider "doing the right thing". If you've sent in no money to anyone (even debt collectors) for 3 years, you'll be resetting your counter AND showing blood to the wolves so they'll hound you even more for the next few years.
 
Don't think that you'll never be able to rent after bankruptcy, as that is simply not true. Frankly, if you've let your credit cards go like you say you have, your credit is already shot, and that would hurt your chances of renting as much or more than a bankruptcy would.

I'm not saying bankruptcy is the right way to go in your case, I'm not an expert and don't know enough about your situation. But don't let anyone shame you out of it; bankruptcy laws are on the books to help people like you to get a fresh start.
 
no worries, i also read about the resetting the clock so i wont be sending anyone any money. I am normally a person not to ignore debts.. MY credit rating has been excellent my etire life until recently.. This all happened because of lack of job situation and medical expenses(no health insurance)...i was using CC to pay rent for a long time and med expenses and it snowballed..
 

Oh, I don't know, maybe they want their money? :confused3
And maybe they've already collected more than enough in fees and interest to pay off the original debt and then some. I would feel more badly for these companies who 'want their money' if they didn't make bad business decisions loaning out money to people hoping to recoup their loan in double via fees and interest when people don't pay precisely on a specific date each month.

You wouldn't loan money out to a relative who you know wouldn't pay...that would be a bad business decision on your part. Nor would you loan out money to anyone with a 30% interest compounded monthly and a 15% late fee rider on the loan. That would be considered loan sharking, is illegal and you could go to jail if you did so.

Corporations, however, are above the law and loan shark all the time. I have no pity for them whatsoever.
 
Declaring Bankruptcy isn't always as easy as one thinks but doing so also isn't the end all for your credit. Having a bankruptcy on your credit report is no worse then seeing a repo, slow pay, no pay and delinquincy on your credit report.

If you have any repayment ability at all you will likely have to go the Chapter 13 route in which like your other repayment plan will leave you very little to live on each month. Chapter 7 will give you a new lease on life but you need to follow Ramseys plan of living debt free from here on forward.

Here is my advice. Learn from this mistake and check your options. Bankruptcy doesn't make you a bad risk going forward but you will have to prove that over time. You cannot let your debt affect your well being and it appears it is affecting you. Relax and get a game plan and be at peace with it.

Hopefully it works out for you! :)
 
hmm i reade on another link SOL in FL is 4 yrs...

Five years per this link: http://www.statuteoflimitationsoncreditcarddebt.com/

Five years per this link: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml (oral contracts are four years but CC's are rarely oral contracts)

Five years per this link: http://www.bcsalliance.com/y_debt_sol.html

And this link refers back to one of my previous links: http://articles.moneycentral.msn.co...s-there-a-statute-of-limitations-on-debt.aspx

It all varies by state. Four years is the average but some go as high as 15 years (KY and OH) while several others can be as low as three. Michigan, for example, is six years across the board.
 
Declaring Bankruptcy isn't always as easy as one thinks but doing so also isn't the end all for your credit. Having a bankruptcy on your credit report is no worse then seeing a repo, slow pay, no pay and delinquincy on your credit report.

If you have any repayment ability at all you will likely have to go the Chapter 13 route in which like your other repayment plan will leave you very little to live on each month. Chapter 7 will give you a new lease on life but you need to follow Ramseys plan of living debt free from here on forward.

Here is my advice. Learn from this mistake and check your options. Bankruptcy doesn't make you a bad risk going forward but you will have to prove that over time. You cannot let your debt affect your well being and it appears it is affecting you. Relax and get a game plan and be at peace with it.

Hopefully it works out for you! :)
:thumbsup2 I agree with everything Thundergod just wrote except I won't advocate for any one specific "plan for living". There are many well-constructed plans for managing money out there: choose one that you KNOW you can live within. Consistency is the key. If you choose Suze Ordman or Dave Ramsey and find you can't meet their goals on a month-to-month, year-to-year basis, then find a plan that you CAN meet on a consistent basis and live that plan.

DH and I made a decision several years ago to live on a cash basis only, which meant NO credit card usage at all for any reason. It was tough that first year putting those CCs on ice and never using them, and we got into more than a few fights over it. But it taught us how to budget realistically and buy only what necessities we actually needed instead of what struck our fancy from moment to moment. It was well worth the fights, the scraping by and the doing without.

Today if we charge at all (which we recently did when we needed a rental car), that charge is paid off within a week or two of charging it. We no longer can stand having the potential of paying interest hanging over our heads. And if our card company decides to charge us a yearly fee because they're not making money off of us, we'll decide then whether or not to close that account out.

We carry one card for emergencies only and the balance is ALWAYS zero on it.

This isn't anyone's specific plan except our own. We just decided to give up credit and learn how to do without stuff we didn't need.
 
Oh. boy. You are in a tough spot. Honestly, if you are dealing with collectors now, paying the credit card companies now will not even eliminate that debt. As far as the cc companies are concerned, you no longer owe them anything; they have sold your debt to the collectors, who have probably added on all sorts of fees to your original balances. As someone else said, you can try to negotiatate for a lower payoff amount; the problem with this solution is they will most likely want the entire amount in full, and it sounds to me as if you don't have it.

Someone else suggested transferring your balance to a lower interest credit card. I'm sure that is also not an option for you since you have not paid in three years. No credit card company is going to want to extend you 0% credit.

The good news here is, you are probably living an all cash lifestyle right now, right? So you are not running up any new debt, just interest and fees.

BTW, document everything in writing if you communicate with any collectors, etc. Do not sign your name (type it only) and do not ever, ever , ever, give them your bank account #s. Unscrupulous companies have been known to forge signatures and empty bank accounts. Also, do you know that if you notify them that you do not wish to be called by phone (Do this in writing and by certified mail with a return receipt so you can prove they received your request), they must stop calling and communicate by written means only.

That said, it may be that your only option is bankruptcy. Yes, it will follow you for a cetain number of years, but so will collections. Since you are in school, you are probably young and can recover from this quickly. It may be difficult to rent post-bankruptcy, but it is not impossible. Some landlords may want several months upfront, so try to start saving a cash cushion if you can. you will be amazes at how fast even a little bit saved weekly grows. And, as long as you have been paying your rent, I highly doubt your current landlord will kick you out. he won't even know about it unless he runs a credit check. (Also another good way to find a new apt. later is to rent from a private owner who may not run a credit check if you can present documentation from your current landlord that you were a good tenant.This way, you may not need a huge amount upfront)

One last thing. be very careful with student loans. Take out the lowest amount you can, and avoid private loans at all costs. As a pp mentioned, they are rarely dischargeable in bankruptcy. They can and will take your tax refunds and garnish your wages, after adding all sorts of late/collection fees. I would pay my rent and these once they become due before anything else. If you need help once you begin paying them back, investigate forbearance, deferment. and extending your loan terms. Not an ideal solution to extend the terms, but it is better than not paying.

Ok, I lied. Not the last thing. Someone else mentioned a roommate. Do you have one? Can you get another one, even if it means you sleep in the kitchen or living room on a pull-out? Can you take public transportation? Even splurging on a cab occasionally could be cheaper than owning a car. Do you shop at second hand stores? You'd be surprised at what you can find there. Can you babysit? That way you can study while the kids sleep. You may even want to go to your local food bank for a hand. Good luck to you.
 
Hi
Thanks for all the advice, everyone. I was checking my records and it looks like (depending on the cc) it has been 2and a half to three yrs since i have paid anything on a CC except for one that i had been keeping up on until about 6 months ago. I should probably consulat an attorney and see what my best options are(most give free consultatation). I do know people who have gone thru BK and they said it was a gut wrenching experience but it hasnt really seemed to hurt them afterwards. altho one friend said the court took her car and she had to buy it back???? I drive a 14 yr old vehicle so i dont think that would be an issue with me. MY sister filed BK about 10 yrs ago and she was able to buy a home a few yrs later and hasnt had any issues with employment. And my nephew about 10 yrs ago was in a bad motorcycle accident(no health insurance) and had major hopsital bills and couldnt pay and he says he just ignored it and it eventually came off his credit report.. ???
 
I am not an expert, but it is my understanding that, while you can discharge credit card debt in a bankruptcy, you cannot as easily declare student loans in a bankruptcy. It seems foolish to me to take on a student loan you can't get rid of in exchange for eliminating credit card debt that you could eliminate by declaring bankruptcy.

I am a bankruptcy expert... not an attorney, but have worked handled bankruptcies in house for creditors for more than 10 years. LadyZolt is correct, student loans can not be discharged in a bankruptcy.

I would not just let the debt ride. It will eventually fall off your credit report, but several things can happen...

1. Suit can be filed and a judgment placed against you. This will make renting or purchasing anything more difficult, not to mention getting a job. Most potential employers pull credit reports now and will not hire someone with collection items/judgments on their report. Not to mention, depending on where you live, 25% of your income may be garnished.

2. Th creditor can file a 1099C with the IRS for the amount of debt owed. Then you have to claim this amount as income on your tax returns, and pay taxes on it.

IMO,you have two choices... file bankruptcy NOW or do whatever it takes to pay your bills. Either way, I hope you've learned from your mistakes. It's a lesson that a lot of people have to learn the hard way.

Good luck! Oh, I also recommend Dave Ramsey's books. They will be helpful for your financial future no matter what you do.
 
also from what i understand is CC companies can chage off a bad debt after 6 months so that means they are rid of it, so why do they sell it to collections agencies??? ugh

Just because a creditor charges off a debt, it does not mean they get rid of it. It means they declared it to be a bad debt, and wrote it off. The debt is still owed.
 
I would not just let the debt ride.

IMO,you have two choices... file bankruptcy NOW or do whatever it takes to pay your bills.
I also agree not to let the debt ride. If I were you I'd seriously look into BK. Yes, it's gut-wrenching while you're going through it, but I've known many people who have filed since 2001 and not one of them has ever regretted it for a single moment. Once you get those bricks off your back, you see the light at the end of the tunnel and life becomes worth living once again.

Hi
Thanks for all the advice, everyone. I was checking my records and it looks like (depending on the cc) it has been 2and a half to three yrs since i have paid anything on a CC except for one that i had been keeping up on until about 6 months ago. I should probably consulat an attorney and see what my best options are(most give free consultatation). I do know people who have gone thru BK and they said it was a gut wrenching experience but it hasnt really seemed to hurt them afterwards. altho one friend said the court took her car and she had to buy it back???? I drive a 14 yr old vehicle so i dont think that would be an issue with me. MY sister filed BK about 10 yrs ago and she was able to buy a home a few yrs later and hasnt had any issues with employment. And my nephew about 10 yrs ago was in a bad motorcycle accident(no health insurance) and had major hopsital bills and couldnt pay and he says he just ignored it and it eventually came off his credit report.. ???

This is most often the case. But watch out for the credit card offers that will start pouring in after your BK is discharged. CC companies know three things about you once you've filed BK:

1). You can't declare BK for another 7 years.
2). You have no other debts and should be able to pay any balance, fees and interest rate they decide to charge.
3). You've acquired a taste for credit and will likely not be able to resist running up those large balances again.
 
yes i guess i need to nip this thing in the bud..so to speak..i will consult an atty soon and get this elephant off my back..
 
I feel for you :hug: Went through this myself a few years back when I hit a major rough patch, and am now just waiting for the last negative to drop off my credit report. So there IS light at the end of the tunnel.

I'm not a credit counselor or lawyer, so take this with a grain of salt and check the facts, but here's what I learned in the process:

1) Get your credit report (you're allowed a free copy every year) from each of the three credit bureaus and go through it with a fine tooth comb. You may find inaccuracies, accounts that don't even belong to you, etc. You'll also find out who currently has each debt.

1a) IF any of your credit cards are still with the original creditor (Bank of America or Navy Federal or whoever you actually opened an account with), see what you can work out with them. There are VERY generous programs that write off interest and fees and let you work out a small monthly payment for a year or so, at which point all is forgiven/withdrawn from your credit report and you have a working credit card again.

2) BK is NOT the easy fresh start it was just a few years ago. IMO, try to avoid if at all possible.

3) SOL in Florida is either 4 or 5 years, at the discretion of the individual judge. It's because of the screwy way the law is written--it's not clear on how credit cards are treated. DO NOT start the rest of this process until you hit the 5 year mark. It's known as "waking the sleeping dragon" and could cause them to take action such as filing suit.

There are no guarantees that you will be not sued in the meantime. But apply reason rather than fear. It costs a lot of money to go to court. If you don't have money/good credit, what good does it do them to get a judgment against you? Sure, they can recoup the court costs in the judgment. But that's only on paper until (unless) you actually pay it. If the amount you owe any particular creditor is approaching six figures, maybe. But if you have a handful of relatively low-balance cards? It's way easier and less expensive for them to just sell the debt.

4) Assuming your debt is with collection agencies, request, IN WRITING, a "full media debt validation" from each and every collector. Google that term for a sample letter. Make sure your letter gives the company 30 days to validate or delete the item from your credit report. At nearly three years old, your accounts may have been sold and sold and sold. The bottom feeders buy a list of old debts that may or may not be accurate (for pennies each), tack on hundreds or thousands in additional fees, and then try to collect.

Slight tangent -- I very much believe in paying what is owed to the original creditor. But once the debt is sold, the original creditor takes the difference as a loss and cannot legally accept payment from the debtor from that point on. I do NOT believe in paying collection agencies any more than they paid for the debt, which is NEVER more than 40% and more often 10% or less.

The "full media debt validation" requires the collection agency to produce a paper trail including your original agreement with the original creditor, records of all the times the debt was sold, and a full disclosure of the fees that the collection agency is charging. It also includes proof of legal status to collect in Florida (or whatever state). You'd be amazed how many try to collect on debts in states they aren't even licensed in!

5) Most bottom feeders will give up and delete. They don't have records at all, and certainly not a full paper trail. That only leaves the legitimate collection agencies (is that an oxymoron?). Note: you'll need to subscribe to a credit monitoring service ($6.95 to $14.95 a month depending on level of service). Sometimes the bottom feeders delete and then sell, starting the cycle again.

6) Whatever is actually validated, negotiate "pay for deletion." That means you agree on an amount of money (NOT more than the 40% of the original debt that they actually paid, and start your bidding low. One place took care of a $200 debt for 5 bucks to cover the time it took for them to file the deletion!). You send the money and they delete the item from your credit report. Get this in writing before you send money. If you "settle" or even "pay in full," it's noted on your credit report as a new action and causes your credit score to go even lower.

7) The original creditor reports will stay on your credit file for seven years from the first day that you went 30 days past due. But the FICO scoring algorithm weights it by how old it is. So after 3 years it counts less, after 5 years even less, etc. I have a great credit score with one remaining negative from 6 years ago.

Hope this helps! Again, I am not a lawyer and this is not to be taken as legal advice. This is just the way that I understand things based on my own personal experience.
 
Unless you are in your last year of school you may need to get a student loan for next year's year of school and so on. If you file bankruptcy that may interfere with your ability to get a loan for next year. It's my understanding that while you are under bankruptcy protection any lender would be very foolish to give you a loan. If you cannot finish college that may interfere with your ability to pay off your debt. The best thing you can do is pay them enough to keep them happy. The best thing you can do may be to finish this year, take a year off. Work and pay down some of this debt and then resume your schooling.
 
how about if i just hang on and keep going as i have been and when someone threatens legal action, etc then i get a lawyer and file BK which will make them stop??
 












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