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Need Credit advice -- major debt problems

  • Thread starter Thread starter Raben
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Ladynred

Senior Member
Raben,
You asked what the creditors/collectors can do to you ?
Easy - they can harrass you to the point of insanity - that's their first ploy.
Then, given the very large amounts you owe to MBNA, MC, Visa, and Sears, you are very likely looking at lawsuits. MBNA will sic Walpoff and Abramson on you and they'll force you into arbitration, THEN they'll turn that into a judgment.

In TN you have a SIX year SOL on the credit cards and its unlikely you'll be able to hide out that long. Once they get judgments, here in TN they can garnish your wages at 25%, levy your bank account(s), and sieze your non-exempt property, and put a lien on your home.

In all frankness, Ch 7 BK is likely in your future.
 


JETX

Senior Member
And on top of all that good news.... a judgment in Tennessee is good for 10 years.... and at 10% (or contract rate if higher) annual interest!!
 
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Raben

Guest
How could they put a lein on the house considering the equity of the house vs what I owe and purchased the house for? It wouldn't even cover 25% of what I owe MBNA. Barely $2500 equity in the house, I bought the house for $139K and total loan amount 100% financeing turned into $145K.


MBNA already charged my account off over to Viking LTD So has Mastercard. Both are with that company now.
 

Ladynred

Senior Member
...and to add to what JetX said...

You owe MBNA $25 THOUSAND ! (I can't even imagine a credit card bill that high). You own a home. They get a judgment place a lien on your home. Unless you are one of those rare people that will stay in your home for the next 40+ years, at some point you may want to sell this house and get another - or perhaps you move to another state for some reason and have to sell. You will NOT be able to sell the house until MBNA gets ITS's $25,000 ! If they can't get the money from you any other way, they WILL get it this way eventually.

A lien is a waiting game, but they are guaranteed to get paid at some point.
 
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Raben

Guest
Ok I understand lein then. I misunderstood the term Was thinking they take the house. If they put a lein out on the house, that is fine. I don't mind a wait game as that is what I perfer so I can get back on my feet financially and pay them later.

As for oweing them 25 grand. That was money used to cover our wedding and other expenses at the time. Her family did not have a penny to put into the wedding nor mine :(


But was used on the Wed, other outstanding bills to consolidate and a down payment on a Jeep that 6 months after got totalled :(


We were paying them just fine. It was just after the accident everything fell to crap.
 
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shaunh

Guest
Been There

First of all relax. Generally they will not sue for unsecured debt. Rarely do they get to the point of placing a lien or garnishing wages and to be honest they can legally be avoided. The harder you make it for them the great chances it will fall thru the crack. For 10 years you can expect them to toss it from collection agency but can stop them in there tracks by immediately mailing a certified cease/desist letter. No calls, no letters. They will sue if you have assets. But a car and house maxed out and little chance. I had over 160k in cc debt 12 years ago and it came off like clockwork 7 years 6 months later. No lawsuits. Ignored the debt and it did go away. All cc but 1 came off. And I never paid a dime. (bad business deal-loss all assets) 1, Citi, had illegally reaged the account by 3 years so I had a lawyer send a letter. He said I could have collected a large verdict but I didn't need the headache. It quickly came off and have had excellent credit for 5 years. Bankruptcy for some is worthwhile just to have the debt gone. But bottom line if there are no assets to attach, best not to. Just let the SOL expire, usually in 2-5 years. Even if you are sued and they try and collect you can always negotiate. Or better let them sue, not show up, then after a judgement is ordered, have it vacated. Do not continue making payments though toward the bad debt accounts. You credit file history doesn't erase to 7yr6mth. It is absurd the notion that you have to pay off the debt for the tradeline to be permanently removed. The 3 credit bureaus automatically remove millions every month otherwise they would be paying big damages for violating the FCRA. And to be honest there are many ways to clean up your credit file long before that. I did it for a few friends and was able to remove bankruptcies, foreclosures, late pays, etc. Persistancy is the game. In 2001 a friend had a MBNA law firm letter for a debt of 18k. I found a legal letter on the net sent it certified and he was never contacted again. If you make them prove the debt, there not are going to be able too chances are. They are hoping you ignore it so they can move ahead collections. You have to take care of you and your family. Unsecured debt should not be a priority but it has to be delt with. And suggest you do keep with small credit cards the accounts open and paid. That keeps a history so when the negative erases you have a many year history of good to replace it. That was my only error with the writeoffs from a decade ago, was not establishing some credit back then that would stay on the file.
 

Ladynred

Senior Member
First, why are you digging up this old thread ?? The OP has moved on !
But, I have to say your post is dangerous and inaccurate
:eek:

Generally they will not sue for unsecured debt
Bull, they most certainly WILL sue for unsecured debt, especially one THAT high !! Happens daily.

Rarely do they get to the point of placing a lien or garnishing wages and to be honest they can legally be avoided.

And where did you come up with that ?? Many, many of them get to that point !!


For 10 years you can expect them to toss it from collection agency but can stop them in there tracks by immediately mailing a certified cease/desist letter. No calls, no letters.

It can be a LOT longer than 10 years. There are companies out there trying to collect on debts as old as 20-25 years !! That doesn't mean they have any legal recourse, but they can and do still try.

ust let the SOL expire, usually in 2-5 years.

There is NO state with a 2 year SOL and the SOL on written contracts can be as high as 15 years !! Credit cards can go up to as much as 8 years, many have a max of 6, but you cannot generalize and say '2-5 years' -- that's just flat out misleading and incorrect.

Or better let them sue, not show up, then after a judgement is ordered, have it vacated

BAD, bad BAD advice !! One should NEVER ignore a lawsuit and should ALWAYS show up in court !! Getting a judgment vacated ?? You make it sound simple, when in fact, nothing could be further from the truth !

If this is the kind of advice you're going to dish out, please STOP - its HORRIBLE !
 
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Raben

Guest
So far all MBNA has done is shift from collection agency to collection agency. And once the CA's pull my credit, they end up sending elsewhere. I have MBNA 25 grand. But overall cc debt is 67K and I have no assests. All my debt was either on cars that I no longer own, groceries, gas, trips and my wedding.

I had one CA get in touch with my bank to pull my account, see tons of over draft fees, and then sell the account to another collection agency. I don't think any garnishments would hold up due to my current secured amount I have to pay.


I spoke with a lawyer and Ch 7 would work and I would be able to keep both my house and my cars due to all of which having no equity in them.


So basically right now, just playing the waiting game. Soon as any lawsuits appear, then I'll file BK. I have other things I need to take care of first on the home front.
 
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Raben

Guest
btw on a bank sueing for unsecured debts, from what my lawyer stated, they general won't sue if they see their is no way in getting any of that money back. I've had my credit pulled without my consent on viking LTD behalf for MBNA and they sold the account to another collection agency. They did try to offer another loan :rolleyes: to do debt settlements with ALL 67K that I owe, however would have to use a cosigner. I let that fall thru due to obvious reasons.


Since they are not showing any signs of lawsuits, due to basically they have nothing to pull assets from. Then I'm going to hold off until we are financially stable on the secured debts we owe. Then I may work with consumner debt relief again in hopes to settle these accounts.

Either way, apparently my credit is fubar for 7 years rather they are paid or not. And 10 years if I do a CH 7.
 

JETX

Senior Member
Ladynred said:
But, I have to say your post is dangerous and inaccurate
:eek:
I agree with Ladynred.... 110%.
This nitwits post is full of errors and flat out incorrect statements!! I can't stress strongly enough.... do NOT follow ANY dimwit 'advice' from 'shaunh'.
 

JETX

Senior Member
fast, please do NOT hijack someone elses thread. It is both rude and causes confusion (when you think a response to the original writer is to you).
Please delete your post in this thread and start your own.
 
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shaunh

Guest
Just the Facts Ladynred

I had came across the site and didn't initially notice the date, but the OP did update afterwards so still timely. My background is I now earn over 200k annually but 12 years ago I was devistated by a bad business deal and have learned about the credit card and banking industry through life experiences. As a hobby I help friends fix there credit life. Does your info come from a bias in the industry such as collection agency or life experiences? I know the way they operate despite your claims otherwise. Few will sue if you don't have assets. Whether you owe 1500. or 50000. I had 50k with Amex and never a lawsuit, and come off like clockwork after 7y6m. There are many ways to legally avoid a legal garnishment. Well I had tons of negative trade lines in 92 and not a single collection agency letter or call after 10 years. The 20 year stories are only when the customer makes payments along the way. If you walk away, it will come off the credit file at 7y6m and stop collection agency circulation at 10 years. And collection agencies are easily stopped with the cease/desist letter. Very important to stop calls and letters quickly. 2-5 y was a general response. My state this past spring the new democratic governor signed anti cc legislation which limits lawsuits from cc debt to 2 y. OK this is were you really get off base. I have a great lawyer friend. And yes about 95% of his vacated request do result favorably. If you show up, when you honestly owe the debt, is not good. Can't pay is no defense. If you bide time then it can later become vacated as they aren't going to be able to provide the signed doc etc plus there are hundreds of state and federal statutes that they often violate which can be used against the cc companies. " A lien is a waiting game, but they are guaranteed to get paid at some point." Tell the cc that. Very few liens get paid. That is why so few sue. And where do you get the 40 year in a house. I believe liens are good for 10 years. I had a lien on commercial property for 12k. 5 years had past and I did want to sell. So paid lawyer buddy $500., had the order vacated, which if I had shown up for would have been more difficult, but by letting them win the battle by default, it allows me to win the war in the end. I could have waited 5 more years for the lien to expire but wanted to move the property. Vacated and the 12k was not paid. "You asked what the creditors/collectors can do to you ?
Easy - they can harrass you to the point of insanity - that's their first ploy.
Then, given the very large amounts you owe to MBNA, MC, Visa, and Sears, you are very likely looking at lawsuits. MBNA will sic Walpoff and Abramson on you and they'll force you into arbitration, THEN they'll turn that into a judgment." I think the OP has updated with basically saying Mbna debt hasn't sued just shifted collection agencies which is what I said would happen with unsecured debt. Can a cc sue. Of course. Do they? Overwhelming majority will not when the debts aren't attached as I said and as any lawyer with experience will say. BK should be a last, last, last resort. I do know Discover will sue on any debt. But in my opinion they are the only major cc that will automatically after 180 day write off. Others will based upon assets but not those with little/no assets.
 
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shaunh

Guest
Jetx

Sad to see you result to name calling when you don't know the facts. Ladynred made several errors and your post did as well. A complete financial condition to give an accurate answer? Sufficient data was provided. The conclusion is the same. Recent bills and paystubs is laughable. He isn't applying for a loan. Apparently the OP has updated and spoke with a lawyer whom said basically no assets no lawsuits on the write off debt which is what I said. Name the incorrect statements and your sources/background for providing such information.
 

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