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bad credit card debt

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waysal6

Guest
What is the name of your state? florida hope someone can help me. have a bad visa debt charged 5,900 now they say i owe 9,800 with late charges etc. now i get phone calls every day and the man is rude and nasty. he says he will call my other creditors witch i am current on and tell them to stop me whatever that means. he also says that they are going to sue me and it dos'nt look good for me. if they sue me will i be notified of the court date? will it be here in florida? if i file bankruptcy would this debt be discharged? if i loose in court what can they do? i do own a home. he says he will garnish my wages can he do that? i want to settle this but they want one lump payment of 6,400 to settle this. i dont have any money to pay this at one time would like to make payments but they won't do it. have some good credit and want to keep it can any body help me:confused:
 


bigun

Senior Member
First of all, how long has it been since you defaulted? Your other creditors already know about your problems from their periodic A/R's.
 
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waysal6

Guest
Thanks bigun i have not paid any thing for 1 year. I dont know what to do they are harrassing me. I am afraid they will sue me. maybe i should file bk thanks for any help
 

bigun

Senior Member
Well, an SOL claim won't work. For that amount of money, they likely will sue. Hopefully, someone else will have a better idea but, I'd suggest you send them a demand they validate the debt and demand a complete accounting and secondly, send a C&D letter saying they can't contact you by phone. Only the mail. I'd also see a lawyer about bk as an option. I saw your post on the bk thread and, you can't pick and choose your creditors in bk. You must list all creditors.

BTW, send the letters CRRR.
 
As an ex collection agency manager, I think that you may have another option. Ask to talk to the collectors supervisor. Tell him/her that you have no way to pay the full amount and that if they sue you will go to a debt counselling service or declare bankruptcy. If you want, tell them the amounts of your other debts so that they will see that BK is a real possibility for you. Many collectors are rude and stupid but some of the supervisors can see that they won't get a dime if you file. You may be able to work out a payment that you can afford to pay. Get it in writing if you go this route.
If it is a legitimate debt you will lose in court and have additional legal fees to pay. I don't know if your state allows garnishment but if it does the agency will use that route, but only after successfully suing you. It's their job.
 
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waysal6

Guest
thanks

thank both of you for your help i think it's time to see a lawyer to try to protect myself thanks again
 

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