How do I fix what I messed up?

[Tayla]

A judgement in their favor will render their ability to persue legal avenues for collection, such as garnishment, bank freezing and possible property liens.

I still think your credit report *could* contain errors and date inaccuracies, thus why seeking a consumer lawyer would aide in clearing some on this up. Simply because a Credit report has a charge off date doesnt necessarily mean its the correct date. Plus by reading up on your rights as suggested earlier will place you in a better understanding of the system.

 

[gsant]

Thanks So Much For Your Input...i Did Go To The Sites And Checked Out Our Rights.it Is A Very Helpful Site...do You Or Anyone Know ..how Soon These Creditors Will Impliment This Judgement?...they Told Me In Late 2004 To Get A Lawyer,that They Were Suing.i Told Them What I Could Pay Per Month But I Guess That Was Not Good Enough....also They Put This On My Report Twice...different $ Amounts And Different Account Numbers..isan't This ..re-aging?..isan't This Illegal?..but My Main Concern Is...how Soon ..can Or Will.. They File For Judgement? Do They Have To Notify Us They're Going To Do This,beforehand? Should I Contact Them On Trying To Get A Settlement $ Amount? I Was Told ..not..to Do This.

 

[Tayla]

each state varies from how long a creditor/company/or persons can bring forth a suit for collections. Until YOU receive a summons, it does very little good to speculate on WHEN or COULD. You've read your rights and the rights of a third party collector. Stick with what advise has been given. Talk with a lawyer if it will ease your mind. ANd YES, a judgment needs to commence PRIOR to any garnishment, seizures of property or bank freezing.

 

[Ladynred]

I would have to agree with Debt Guy on this one. Talk to a bankruptcy lawyer and find out EXACTLY what you'd be facing. Important points are; how much equity in your home ? ; how much equity in your vehicles; What are your total living expenses - NOT including credit card payments ? ; what is your total income for the 2 of you ? ; are you on disability and/or Social security or do you each have jobs ?

I would also agree with Tayla, if there are errors on your reports, dispute them, but you may have to get tough to accomplish your goal. You are now allowed to dispute directly with the furnisher of the information, you may have to go that route.

I would definitely NOT wait on consulting a bankruptcy attorney. Time is running out and should you decide on that option, you don't want to run into the new rotten BK law which goes into full effect on 10/17.

 

[gsant]

Thank All Of You So Very Much..you Have Been So Helpful..am So Glad I Found This Site..will Follow Through On Advice..tomorrow

 

[Debt Guy]

Rachel

I really disagree. The OP needs to find out about bankruptcy right away. The laws are changing in mid-October and her situation will be much tougher.

I'm not saying she needs to file -- but she needs to consult with a bankruptcy lawyer right away -- otherwise the OP will never know if bankruptcy is a good decision.

There is life after bankruptcy. The OP will recover much more quickly than you think.

Also, the matter of figuring out a budget and then making an offer of what is left over to the creditors does not work very well. Creditors don't care. They just want their money and they want it now.

 

[Ladynred]

.but it would be immoral to walk away from debts you owe and know you owe and if you were able to pay....to not pay.

Oh please, spare us the 'morality' card.. . You are either a debt collector yourself or work for one of these 'debt management' companies or CCCS.

There is NOTHING about paying bills that enters the 'morality' realm, its BUSINESS pure and simple. That's the way the creditors and collectors treat it, that's the way every single consumer should treat it. There is NO POINT in prologing the agony of horrible credit and stressing yourself out over whether or not the next day's mail will bring a summons for a lawsuit.

CCCS is a sham - they are controlled and funded by THE CREDITORS and they do NOT give a tinker's damn about the consumers, they only care about squeezing as much out of people as they can get and they don't care if you have to live in a cardboard box to do it. A large majority of the people going CCCS would be much better protected and be better off credit-wise by filing a Ch 13. At least you're protected from butthead collectors and lawsuits.

If the OP already has collections, then her credit is already in the dumper.. bankrutpcy isn't going to hurt her any more than what she's already got ! In fact, its easier to recover credit-wise from a bankruptcy than it is to slog thru 7 years (or more as they illegally re-age) of rotten credit. With rotten credit, you're screwed for 7-1/2 years. With BK, people recover in 2-4 years and all it takes is some diligence in credit repair and very careful rebuilding with new credit.

 

[Ladynred]

Well, that explains the HOLIER THAN THOU attitude.. the arrogance of a lawyer with a Harvard law degree.. and a bible banger to boot Sorry.. but I'm not impressed. I used to work with many lawyers from DC with Harvard law degrees.. so what ?

The BIBLE has NOTHING to do with handling one's finances in 2005, however the money-lenders are after more than silver these days. MY religious beliefs and practices are NO ONE's business but my own. However I will say that I am a Christian.. but I don't shove it in people's faces as if that makes me better than anyone else.

I don't live off of any system. I work for a living and make a damn decent income. There's no such thing as filing bankruptcy every time one acquires a new debt. But then, you're a high and mighty Harvard-educated lawyer.. you should know that.

Our opinions differ.. and its going to stay that way on many things. Deal with it

 

[Debt Guy]

Jewish law, described in the Christian Old Testament, or Jewish Torah, which is allegedly given by God, Himself (personally, I believe that to be the case), not only does not condemn bankruptcy, but clearly spells out the procedure for bankruptcy. As a matter of fact, it wasn't even optional, but took place automatically every seven years, and to a greater extent in the Year of Jubilee, every 50 years, if I'm not mistaken.

What is clearly condemned in the bible is usury, and mistreatment of the poor. Draw your own conclusions.

 

[Ladynred]

Excellent point DG !!

 

[TigerD]

Rachel,

I am a debt collector and I suggested the OP discuss the issue with a bankruptcy attorney. The law exists just for cases like the one the OP outlined.

DC

 

[JETX]

Remember if the company that has the debts is a collection agency, they are generally authorized to collect for 25cents on the dollar, sometimes a little more.

And of course, that is all CRAP!!
There is no such thing as an 'authorization to colect ANY reduced amount.... much less $0.25 on the dollar.
The debt collectors first goal and ONLY goal is to collect as much as they can.

 

[gsant]

Hey People...thanks For The Info....i Did Get My Credit Report And There Are Some Debts On There That Are Not Mine..i Am Disputing These..also The C/card I Owe On Has Been Put On There 2 Times...once Under Providian Financial..and..once Under Providian Bancorp.also Cap One Has Me Down For A Debt..i've Never Had A Capitol One Card...questions Are...(1) Should I Dispute "both" Providian Debts?(is This Re-age) (2) Will This Tick Them Off And Make Them Up Their Threats/actions Towards Me? (3) Will Capitol One Do The Same When I Dispute This One? Need All The Help I Can Get...husband Dosen't Want To File Bankrupsy.

 

[Ladynred]

The two Providians sounds fishy, they can't report the same debt twice. There CAN be 1 entry for the original creditor and 1 for a collection agency and that's ok.

If there are debts on there that are NOT yours, dispute them. Just keep in mind that CRAP1 has been buying old debts for a few years, so even if you never had an card with them, they may have bought an old debt from someone else. If you don't know what it is, dispute it !