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Old 12-05-2003, 12:33 AM
steve0569
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payments to creditors


What is the name of your state? California

Currently I'm starting over in a sales commission job. My income varies monthly. For the pass six months, my debts have exceeded my income and I've stop making any form of payments to unsecured creditors (lack of funds-income). I pay what I can every month just to survive.
My plan is to pay off the debt when my income allows it. In the meantime, I can only make small monthly payments of $25 per creditor (mainly credit cards) to show good faith.

Question- If I make some form of monthly regular payments to my unsecured creditors, can they still proceed with a judgment against me?

Question- Some of the creditors have 'charged off the debt' and some have turned the unsecured debt to collection agencies. I've not communicated with most of the unsecured creditors due to hardship. Of the two I've communicated with (two credit card creditors), I mentioned my hardship and express the desire to repay the debt in full in the future. I express my present income would allow about $25 a month in payment. There was a no comment and no desire to work things out unless I could bring the account current. Should I continue no communication or make whatever payment I can?

Question-If a judgment is sought for the unsecured credit amount by a creditor, what options do I have?

I do not owned a home. My assets amount to less than 10% of the credit owed.

Steve0569
  #2  
Old 12-05-2003, 07:38 AM
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Join Date: May 2001
Posts: 6,455
Creditors never have to accept less than is owed or, less than the minimum payment.
If you get sued, about all you can do is try and defend or, file for bk.
When 3rd party collectors are involved, you have the FDCPA and the FCRA as some protection.

[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

[url]http://www.ftc.gov/os/statutes/fcra.htm[/url]

If you wish to make a fight out of it, go to [url]www.creditboards.com[/url] or, [url]www.creditnet.com[/url] and read the "stickies" and the FAQ's for some basic info on your rights in dealing with 3rd party collectors.
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