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  #1  
Old 04-17-2003, 05:05 PM
4rs
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not paying credit cards


What is the name of your state? Texas
I work for the airlines and just took a big cut in pay. I have alot of c.cards that are really stating to add up ($25,000 and growing) I dont see now how I can pay them and my house and 2 car payment and other bills that go alonng with raising 2 teenage daughters. I was wondering what would happen if I just did not pay them other than ruining my credit and phone calls, is there a amount that they just write off or before it becomes crimianal or sue?
  #2  
Old 04-17-2003, 05:24 PM
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Location: Nashville,TN
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Not paying creditors is NOT criminal.

If you stop paying, they will write-off your accounts as bad debts after 180 days of non-payment. After that happens, they send them to 3rd party collection agencies (CA's). The CA's will harrass you, the accounts get resold over and over if they stay unpaid. You CAN be sued, a judgment granted and non-exempt property siezed, bank accounts garnished. Your home in TX is 100% exempt and your wages cannot be garnished. Judgments hang around for 10 years and they can keep trying to sieze money and non-exempt assets until they're paid.

If Discover, Citibank, Sears, or Cap1 are among your creditors, be prepared to be sued, especially from Discover - they are suing right at charge-off and for ANY amount.

Its not a nice way to live, dodging phone calls and lawsuits. If its significantly overwhelming, file for bankruptcy.
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 04-17-2003, 09:02 PM
4rs
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so its better to file for bankrupsty instead of just not pay on c.c.? is there an amount they are more likely to sue over?
  #4  
Old 04-17-2003, 09:13 PM
kevinss
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Their choice to sue depends on information they gather from you regarding your assets (if they call you), what they discover your debt ratio is from your credit report, the amount, and how much their client sold the account to them for.
There's really no way to know for sure. It's always a good idea to validate right away to see if there's even the possibility of a successful suit. If not, you can make payment arrangements on your own terms and there's not a darn thing they can do about it. If they do validate, you just have a be a bit more careful how you word your communication and how much you pay them.
Sorry that didn't really answer your question, but there really isn't one. The only general answer is "the higher the debt, the more likely they are to sue to collect on it."
Generally debts under $1000 won't be pursued legally. I say generally because they still could. Debts above $1000 are up in the air. Debts over $2000 are much more likely.
  #5  
Old 04-21-2003, 03:07 PM
4rs
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if they do sue can they take my house or cars or my 401k or call my work or bug my parents?
  #6  
Old 04-21-2003, 04:58 PM
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Location: Nashville,TN
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They may not be able to take your house or cars, depends on your state exemptions and the equity in them. They could place a lien of your home. Your 401K *could* be vulnerable.

They cannot bug your parents. They can call you at work, unless its a 3rd party collector and you send them a cease and desist letter forbidding calls at your workplace.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #7  
Old 04-21-2003, 06:51 PM
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Join Date: Nov 2000
Posts: 931
401(k)s cannot be touched by creditors, per ERISA (Federal law). However, if you withdraw any money from the 401(k), it's fair game. IRAs may or may not be protected from creditors, depending on state law.
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