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Credit Card Judgments and You

February 6th, 2010 Amber Deanwater No comments

Credit card judgments acknowledge that a debt is outstanding and spells out the way in which the debt may be recovered. This often takes place when a credit card cardholder has missed monthly paments and has not made an effort to work with the credit card provider to bring the account current.

Idealistically speaking, before getting to this point, it would be best to contact the card provider so things do not get out of hand. Credit card providers are often willing to work with a cardholder to either arrange a payment plan or to arrange for a pay off in full for a reduced debt amount.

A collection agency may end up with your credit card debt if you do not work with the credit card provider. Once this happens, you will no longer be able to negotiate with the credit card provider. Filing a legal action against you is not an option which collection agencies like to entertain. This is because law suits are costly and time-consuming. In light of this, collection agencies prefer to work with you to resolve the debt issue. They would prefer that you arrange to make a lump sum payment or agree to monthly payments.

If your debt does come before a judge for a credit card judgment, you have the right to appear before the judge and plead your case. If the debt is not yours or if the seizing of the assets would mean serious difficulties for you, the judge may take this into consideration. However, this is viewed on a case-by-case basis.

It is good to know that not all assets may be seized and the judge will ascertain which assets may be used to recover the debt. It is also possible that money may be taken from your bank account, your wages may be garnished (depending upon state law), and a lien may be placed on your real property.

It goes without saying that a credit card judgment will create havoc with your credit score. You will most likely be denied for most credit products and, if you are approved for any credit products, exorbitant annual percentage rates (APRs) and annual and monthly fees will be associated with those which are offered to you. Additionally, your credit report can carry this credit card judgment for up to seven years.

It is important to keep in mind that a credit card judgment will likely affect future employment opportunities or advancement related to your current position. Additionally, a credit card judgment can make finding reasonable rates for home and car insurance very difficult.

It is best to pay the credit card debt off as quickly as possible once the judgment has been issued. Once you have paid this debt off, you should try to contact the credit reporting agencies to attempt to have the debt removed in its entirety or to request this entry be revised to a “paid” status, at the very least.

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Negotiation Settlements With Credit Card Collection Agencies

January 23rd, 2010 Mark Newman No comments

Collection agencies devoted to credit card collections have in recent times become busier and busier. This is because more and more people are having trouble keeping up with their bills.

One missed payment can result in an additional penalty which might just be what hurls you over your credit limit. Know what happens if you exceed your credit limit? That’s right. You get an over-limit fee assessed against your credit card. At this point you might be $100 over your credit limit and you still owe the initial monthly payment as well.

When this happens, it is wise to call your credit card provider and explain your circumstances. If you explain your situation, your credit card provider may be willing to work with you to get your account back on track. It is better to work things out at this stage than to ignore the situation and end up working with a credit card collection agency.

Debt sold to a credit card collection agency will normally be purchased at a fraction of what you actually owe, typically cents on the dollar. As credit card collection agencies make their bread and butter from collecting as much as possible from those who owe debt which they have subsequently purchased, they may at times be harassing and even threaten legal action.

It makes more sense for the credit card collection agency to work with you than to file a costly and time-consuming law suit. If you can acquire the funds, try making an offer to the credit card collection agency to reduce the amount of the original debt and pay the negotiated amount in full. You will want to make sure that the agreement is in writing. Also, be sure to keep copies of all documentation to and from the credit card collection company, and to mail all correspondence by certified mail, return receipt requested.

Typically, it is a good idea to begin the negotiation somewhere around 25% of the original balance. Though this sounds low, remember that the collection company probably purchased your entire debt at only about 10% of the original amount. It is likely that the collection company will decline this offer and will issue a counteroffer, which you then should counter as well. This will continue until you either come to an agreement or the negotiations discontinue.

If no agreement is reached, the credit card collection agency may lose the momentum for collecting your debt. It may determine that collecting a smaller amount is better than nothing at all. It may also decide that selling the debt to another credit card collection agency is a better idea. If this happens, the process will begin yet again and run its course.

Keep in mind that all along this process you are running the risk that one of these companies may indeed decide to file a law suit against you and that your credit score will be decreasing at an alarming rate. Additionally, a court judgment against you will devastate your credit score even further.

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What Will Happen If I Have a Charge-Off On My Credit Report?

January 15th, 2010 Mark Newman No comments

Many people want to know if it is possible to remove a charge-off from their credit report. The answer is, it may be difficult, but it can be done.

Some people are unclear as to what a charge-off actually is. A charge-off is a debt which a creditor no longer feels it can collect and subsequently decides to write-off. This will typically happen after several months of missed or late payments during which the creditor will send numerous letters and will try to communicate with the borrower by phone.

It is best at this point to attempt to negotiate a payment plan with the creditor to avoid the account going to collections. Do not ignore attempts by the creditor to contact you. Normally, creditors are willing to work with you if they see that you are trying to make an attempt at paying the debt.

It is important to understand that once your debt is written-off, your creditor may decide to pass or sell the debt to a collection agency. The collection agency will then attempt to collect the debt using any method of harassment and threat available to it, including the filing of a law suit to collect the debt.

A charge-off will appear on your credit report and can remain for up to seven years. This charge-off will severely damage your credit score and will harm your chances of obtaining credit from other lenders. This is why it is important to have charge-offs removed from your credit report.

A copy of your credit report will be needed to begin the process of removing a charge-off. When you have a copy of your credit report in hand, review it for any false or inaccurate information. If you discover any false or inaccurate information, you can write the credit reporting agency and request that it remove or revise the information. You will need to include copies of any documentation you have which corroborates your claim. If the credit reporting agency cannot verify the informaiton within 30 days, it must remove the entry from your credit report in its entirety.

If you contact the collection agency, it may be willing to come to an agreement with you. As you enter your negotiation with it, keep in mind that collection agencies purchase debt for cents on the dollar so the collection agency may well be willing to agree to a reduced total amount due. You can either offer a lump sum payment in exchange for this reduced amount or you can attempt to arrange a payment plan for the full amount. Above all, be sure that you obtain in writing an agreement which states the charge-off will be removed from your credit report or, at the very least, that the charge-off be reduced to a “paid” status.

To summarize, if you find yourself falling behind in your payments, contact your creditor and try to work out an arrangement to avoid a charge-off. If the charge-off account ends up with a collection agency, attempt to negotiate with the collection agency to pay the debt and remove the charge-off entry from your credit report.

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Credit Card Judgments 101

December 17th, 2009 Jesse Smith No comments

Credit card judgments confirm that a debt is owed and the steps which may be taken to recover the amount owed. Garnishment of wages, seizing of assets, and placing liens against real property are examples of the “steps” which may be taken.

A judgment of this type normally follows months of repeated attempts to collect the debt. It is best to do everything possible to keep this from happening and this article will give you ideas to consider if you feel you may be facing a credit card judgment.

Falling behind on your credit card payments will bring endless letters and phone calls your way from the credit card provider requesting that you make arrangements to bring your account current. The credit card provider will ask that you pay the amount due in full or make arrangements for monthly payments. If you do not bring your credit card account up-to-date within a specified amount of time, your credit card account may be charged-off.

It is best to work with the credit card provider to reach a payment arrangement. If this does not happen, your credit card debt may be sold to a collection agency. It is normally the case that credit card debt is purchased for anywhere from 8 cents to 12 cents for each dollar bought. The collection process will begin again with the collection agency contacting you and requesting that you pay the credit card debt owed. Again, your credit score will take a big hit if this happens.

Filing legal actions is something which collection agencies would prefer not to do. Legal actions are costly and time-consuming. Additionally, the amount of your debt is quite likely a small amount to the collection agency since it only paid cents on the dollar for the debt purchased. The collection agency will attempt to collect the debt from you and, if it cannot, it may very well sell the debt to another collection agency. This means, of course, that the process will begin all over again.

If you cannot come to an agreement with this second collection agency, it may decide to file that dreaded law suit. This is when you may be looking at a credit card judgment coming your way. Legally speaking, you have the right to plead your case to the judge. If you can prove that the debt owed is not yours or if you can prove that there are extenuating circumstances, the judge may revise the judgement.

Adversely, if you cannot show that the debt is not yours or cannot show that there are extenuating circumstances, a judgment will be issued by the judge which will spell out how the debt may be recovered. Examples of these avenues of recovery may include garnishment of your wages, taking money from your bank account, seizing assets, and possibly even filing liens against your real property. These examples are dependent upon state law.

You should consider working with the credit card provider and collection agencies to get the debt paid. This will lessen the damage to your credit score. If you can come to an agreement with the credit card provider or collection agency, you will be able to dodge a credit card judgment.

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Collection Agency Debt Settlements

December 8th, 2009 Jesse Smith No comments

Understanding how to settle a debt with a collection agency is very important. Understanding this process can save you a lot of money and help you to repair your credit to boot.

If you find yourself becoming late on payments, you should immediately contact the creditor and try to arrange a payment plan. This, hopefully, will contain the situation somewhat.

Failing to work with the creditor or being unable to arrange a payment plan, will result in your account being suspended or closed. If this is done, not only will your credit score plummet, but the debt will most likely be turned over to a collection agency. At this point, understanding the finer points of negotiation is necessary, not desired, NECESSARY.

It is important to know and understand that the collection agency probably purchased your debt at just a few cents on the dollar. Most often, collection agencies purchase debt at 8 cents to 12 cents on the dollar, so a debt of $500 might be purchased for as little as $40 or a debt of $6,000 may be purchased for as little as $480.

This, however, does not mean that the collection agency will be amenable to settling for a trivial amount. Their business is to make money and they only do that by getting as much as they can from you. They may very well be nasty to you and possibly threaten a legal action against you.

However, legal action represents money, time, and effort on the part of the collection agency and, in light of this, it will normally not follow through with this threat. After purchasing your debt for cents on the dollar, your debt may, in fact, amount to very little to them. You should not, however, ignore any of the collection agency’s attempts to contact you. Your goal, as with the collection agency, is to settle this debt and get it behind you.

If you have the funds to offer a lump sum payment, make an offer to the collection agency. Twenty-five percent (25%) of the original amount owed is a good starting point for settlement of the debt in full. Then, wait and see if the collection agency counters your offer. This process may go back and forth a few times but, eventually, you may come to an agreement. Be sure to keep copies of all correspondence to and from the collection agency. Also, make sure that any agreement you come to is in writing.

Try to negotiate a payment plan with the collection agency if you don’t have a lump sum to pay. The matter will likely not go to court if the collection agency can see that you are making an attempt.

Whether you decide to offer a lump sum payment or to make payments, make sure that the agreement includes that the “debt will be deleted in its entirety” from your credit record. Otherwise, the debt may stay on your credit report for seven years, thereby negatively impacting your credit rating for years to come.

In conclusion, go to the collection agency confidently, make an offer, attempt to obtain the best rate possible, do not give in to bullying, and stay firm. It is important that you keep in mind that this is a debt you owe. Because of this, be fair when negotiating. Do not ignore any collection agency attempts at communication with you. The recommendations in this article are meant to help you negotiate your outstanding debt with a collection agency. Good luck!

How I Stopped NCO Financial. I Erased a $14,072 NCO Debt and Fixed my Bad Credit.

Collection Agencies and How to Work With Them

October 28th, 2009 Ben Casey No comments

Collections and Collection Agencies

When an initial creditor decides to stop contacting you to collect an old debt, it is usually assigned to a collection agency. This debt is then known as a “charge-off.” Collection agencies are in business because they specialize in getting you to pay off the owed amount.

How Damaging Will a Collection Be to My Credit Score?

Once a debt becomes a “charge-off,” your credit score will suffer even more. The charge-off will cause the credit entry to change from bad to worse. The reporting of collections on your credit report can take different forms, such as unpaid collection, collection – paid or settled for less, or paid collection.

Even if a collection is paid, lenders are aware that you once defaulted. They look for this type of activity as a way of determining your credit history and the possibility that it may happen yet again.

Can I Remove a Collection?

A charge-off DOES NOT need to remain on your credit report for 7 years. The fact is people are often successful in removing a charge-off from their credit report.

Unless you attempt to remove a collection, the credit bureau or creditor will determine how long the collection will stay on your credit report. Therefore, it is up to you to convince these businesses to report accurate information. In essence, you are in a position to clean up and rebuild your own credit.

Under the Fair Credit Reporting Act (FCRA), you have the right to challenge any negative entries listed on your credit report. A copy of your credit report will need to be obtained in order to review the listed information and determine which collection agencies are present. You should not expect your credit reports to be the same as the credit bureaus maintain a separate file on your credit activities.

To begin the process, you should challenge each negative item on your credit report. Several negative items may well be removed by following this procedure alone.

What is the Next Step if a Dispute Doesn’t Work?

If the bureau ignores your dispute or updates the negative item, you may need to try escalated dispute methods. A seasoned attorney can save you money and hours of frustration.

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