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RE: Settle A Debt for Less than You Owe? - 11/8/2009 3:07:04 PM
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Katie51
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quote:
ORIGINAL: SurpassingPeace Katie51, actually I live in the US and I have more than a passing familiarity with debt laws. My husband is an attorney that deals with this and I was a paralegal before I had children. More and more credit card companies are sending bad debt to law firms, sometimes they will take a lump sum offer, it is becoming more common to settle at 80%. If you go that way, your credit will be marred. If you do not, they will take a judgment against you. Depending on your state, if you then do not pay they will garnish you wages and/or accounts and put a lien on your house. In some states the unpaid judgment will expire in 10 years. What is then filed is a Revival of Judgment which makes the judgment valid for another 10 years. This can and will follow you around. If someday you do get on your financial feet again and try to buy a house, this will affect you. If you own a house, this can actually go until you die and then the lien will go against your estate. Remeber, all this time interest of at least 9% is accruing every single day. It is not a lack of compassion, it is fact. This is what happens every single day. Not understanding the laws or thinking that nothing can happen to you is not an excuse in the eyes of the law. Many people think, they can't do that this is the US! That thinking finally changes when the first ganishment payment takes almost half of their paycheck. I do not see how GregandJenny is lacking compassion. For someone to put any debt on a credit card that they know they will be unable to pay is not ethical. The credit card company loaned the money in good faith. Medical bills are hard. It is terrible to see someone bowed under with medical debt. Again, hospitals are usually very willing to make payment arrangements. Living within your means, saving for emergencies, and delaying gratification would eliminate most of the financial stress people are under today. It is quite simply untrue that they can put a lien on your house or garnish your paycheck. I would urge everyone to trust no information they read on a forum, check out reliable sources and your state laws. If they could garnish your wages or take your home most of America would be garnished and homeless!! Check out Dave Ramsey, he is on the radio and has books with good and reliable info. You CAN negotiate with cc companies on your own. Do some checking and God bless, these are hard economic times. Lots of inaccurate info out there so be careful.
< Message edited by Katie51 -- 11/8/2009 3:14:53 PM >
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RE: Settle A Debt for Less than You Owe? - 11/8/2009 3:43:43 PM
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Mollymouser
Posts: 3951
Joined: 4/18/2005
From: california, land of the happy cows
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quote:
ORIGINAL: Katie51 quote:
ORIGINAL: SurpassingPeace Katie51, actually I live in the US and I have more than a passing familiarity with debt laws. My husband is an attorney that deals with this and I was a paralegal before I had children. More and more credit card companies are sending bad debt to law firms, sometimes they will take a lump sum offer, it is becoming more common to settle at 80%. If you go that way, your credit will be marred. If you do not, they will take a judgment against you. Depending on your state, if you then do not pay they will garnish you wages and/or accounts and put a lien on your house. In some states the unpaid judgment will expire in 10 years. What is then filed is a Revival of Judgment which makes the judgment valid for another 10 years. This can and will follow you around. If someday you do get on your financial feet again and try to buy a house, this will affect you. If you own a house, this can actually go until you die and then the lien will go against your estate. Remeber, all this time interest of at least 9% is accruing every single day. It is not a lack of compassion, it is fact. This is what happens every single day. Not understanding the laws or thinking that nothing can happen to you is not an excuse in the eyes of the law. Many people think, they can't do that this is the US! That thinking finally changes when the first ganishment payment takes almost half of their paycheck. I do not see how GregandJenny is lacking compassion. For someone to put any debt on a credit card that they know they will be unable to pay is not ethical. The credit card company loaned the money in good faith. Medical bills are hard. It is terrible to see someone bowed under with medical debt. Again, hospitals are usually very willing to make payment arrangements. Living within your means, saving for emergencies, and delaying gratification would eliminate most of the financial stress people are under today. It is quite simply untrue that they can put a lien on your house or garnish your paycheck. I would urge everyone to trust no information they read on a forum, check out reliable sources and your state laws. If they could garnish your wages or take your home most of America would be garnished and homeless!! SurpassingPeace's post was completely accurate. Katie is right about one thing: there is a lot of inaccurate information out there.
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RE: Settle A Debt for Less than You Owe? - 11/8/2009 3:52:16 PM
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SurpassingPeace
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Katie, where are you getting your information? Let me please repeat, my husband is an attorney that does this. I worked for a law firm that does this. I prepared the paperwork for petitions, garnishments, liens, etc. This was my job. Sadly, many many homes have liens on them and the occupants are not even aware because they did not show up to court dates, etc. You would be surprised the people who are being garnished. It is very common.
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RE: Settle A Debt for Less than You Owe? - 11/8/2009 3:56:56 PM
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SurpassingPeace
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Cinderella, what a great story. I know what it feels like to be burdened by debt. Right now I have medical bills from my babies, credit card debt from major dental work (did not want to do that but two emergency root canals coupled with two major mouth infections), husband's crazy student loans, and a mortgage. Each month we just plug away making a little more progress. The dental work was the first time we went the other way in years. I know that God is preparing us to handle greater things but learning how to handle what we have. Some days I admit I get a little bit of the wants when friends get this that or the other thing or go on this trip or that trip. But I know that someday, sooner rather than later, we will be debt free and know we did it the way God meant for us to do it.
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RE: Settle A Debt for Less than You Owe? - 11/8/2009 4:42:31 PM
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SurpassingPeace
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Oh Harvie, thank you. You mean it can really be done? Really, really? Some months I wonder.
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RE: Settle A Debt for Less than You Owe? - 11/8/2009 7:09:41 PM
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Mollymouser
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[Edited by moderator - removed quoted, deleted material] Well, I'm not married to an attorney -- I'm married to a military pilot. But, amazingly enough, I graduated from law school in 1992, passed the California bar, and have spent more than a decade practicing law as a trial attorney.... as many on these forums know. In any event, everything that SurpassingPeace said about judgments, liens and wage garnishments was ACCURATE. No, I don't work for a credit card company.
< Message edited by ta_mosquito -- 11/9/2009 9:46:10 AM >
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RE: Settle A Debt for Less than You Owe? - 11/8/2009 7:11:33 PM
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SurpassingPeace
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Alright Katie, have it your way. I am a sahm with two little ones. Don't pay your bills long enough and you will find out what I am saying is true. Work for a cc company, actually you are sort of right. My husband currently respresents and the law firm I did work for, represented credit card companies. Hence how I aquired my knowledge. One more try and then I am done. Here is a link to the Missouri Court docket system. Just do the litigant name search for Capital One and then come back and tell me cc won't sue, garn, and lien. Or not. https://www.courts.mo.gov/casenet/base/welcome.do
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RE: Settle A Debt for Less than You Owe? - 11/8/2009 7:14:56 PM
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GregandJenny
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From: Near Seattle Washington
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the only reason they haven't gotten a lien is because they haven't gotten got sued by the company. They haven't went after them, it's not like one day they can wake up and say garnish their wages. In fact I would encourage everyone to always seek legal professional help in the area you live. i would also remind folks that just because it's legal doesn't mean it's right. God bless!
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RE: Settle A Debt for Less than You Owe? - 11/8/2009 7:22:44 PM
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SurpassingPeace
Posts: 831
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Actually Harvie there are 1000s. I think I linked to the misspelling of Capitol One rather than with an A. There are 312 cases that are under misspelled Plaintiff name. I would like to address why if they garned and put a lient on you then everyone would have one. That is not true because many people pay their bills. They don't go into collections. In order to pay our bills and allow me to stay at home with our children, we buy used cars, eat lentils and other cheap foods, don't take vacations, buy everything on sale, simply put we do without in order to take care of our responsibilities. There are many people out there that do just that. I agree with GregandJenny that you should seek legal counsel in your area if you are in financial trouble. Each states laws differ greatly. There are things that can be done and you can get your debt under control.
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RE: Settle A Debt for Less than You Owe? - 11/8/2009 9:11:40 PM
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SurpassingPeace
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And with that, I will be bowing out of this conversation.
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RE: Settle A Debt for Less than You Owe? - 11/9/2009 9:31:14 AM
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favoredmomof4
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Hi, everyone, I think I'm kind of on "both sides" of this post's fence...so to speak. I agree that as Christians, we should pay back the debt we incur. We are responsible for it. My husband has had his own construction business for 10 years, and I have worked part-time. In 2008, things got really slow, and we relied on loans & credit cards to keep the business going. In hindsight, we realize now that we should have just let our health & dental insurance (ours & employees) go sooner (that was $3000/month alone), and laid off guys sooner (but, that's hard when they have families, too), etc, etc. Also, when there's no work, you still have to pay liability and Worker's Compensation insurances, which were about $2,500/month for us at the time. As you can see, it doesn't take long to fall behind when there is $0 coming in. Finally, in January of 2009, we realized we had to STOP borrowing. This we did...and we made major cuts in the business, and personal budgets, and sold everything we could. We have NOT used credit since. However, we still have lots of debt (mainly business). Some of the loans and credit cards went unpaid for months. We tried to work with all creditors...but some would simply NOT accept a partial payment....therefore, we couldn't pay them. Business has picked up...and we have been trying to work with creditors and collection agencies. We did settle one with Bank of America...they offered us the settlement. We understand we will have to pay taxes on the amount forgiven, as if it were income. This would not have been our first choice....we would have preferred to pay everyone back 100%. However, it's often more complicated than you think it will be. And, in the Bible, there were times when people's debts were cancelled and they were given a fresh start. The year of jubilee....I think every seven years. We KNOW that we made mistakes...we are trying to pay everyone back as quickly as we can. It's just that our income dropped by more than 50% over the past two years. Not something we anticipated. Now we know that we have to plan for these things, and have a back up reserve. It's going to take us some time, but we'll get there. Blessings to everyone...and I hope you NEVER find yourself in this financial position.
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RE: Settle A Debt for Less than You Owe? - 11/9/2009 9:43:55 AM
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ta_mosquito
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MODERATOR'S NOTE :: ATTENTION PLEASE I have deleted a few posts for harassing other posters. Please note TOS 6, which states the following (emphasis mine): quote:
6. You will not harass, threaten, embarrass or distress users, either in the community itself or via personal email, phone, physical mail or in person. You will not engage in name-calling or personal attacks in the course of discussion or debate. You will not post inflammatory remarks simply for the purpose for evoking reaction or starting fights with other community members (Often referred to as "trolling"). Overall, promoting a spirit of divisiveness in the chat and forums community will not be tolerated. - Attacking the character or motives of someone who differs with your view or denying that he or she is a Christian is unacceptable. Accusing other posters of lying or repeatedly saying they must work for the credit card companies because you don't like their posts is harassment. Please stop. Thank you! Tricia Forums Moderator Please do not reply to this message within the Community. Please email Community@salemwebnetwork.com with questions, comments, or concerns. Please do not send me PMs regarding this message. Please do not reply to this message within the forums or chat. Please email Community@salemwebnetwork.com with questions, comments, or concerns. Please do not send me PMs regarding this message.
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RE: Settle A Debt for Less than You Owe? - 11/9/2009 9:50:24 AM
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peace77
Posts: 281
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quote:
I have found that you can do this with medical bills. I had some that I simply could not pay. I did not have the money. After a time they sent me an offer of a settlement. If you have a hospital bill that you cannot pay, then inform them. They are required by law to have funds to cover bills for people who cannot afford to pay them. In some cases, they will write off the bill; sometimes, they will reduce the bill. Always tell a medical provider that you cannot afford to pay the bill and try to work out a payment arrangement. I have paid as little as $5 or $10 per month on medical bills. Don't allow anyone to pressure you to put a bill on a credit card. The only time this would make sense is if the medical provider is charging more interest than the credit card company. Even then, you can still try to work out a payment and interest arrangement with the provider. If someone is unable to work and has medical bills, they may qualify for Medicaid or other assistance from their state. Check with your local Dept. of Social Services. Morally, it is far better to accept help that your past taxes have paid for than to not pay a bill. Personally, I would not settle my debt. I believe that is cheating the creditor. Peace, Anne
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RE: Settle A Debt for Less than You Owe? - 11/9/2009 10:04:35 AM
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peace77
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Katie, You mentioned Dave Ramsey. This is what he says about debt settlement. quote:
Not doing debt settlement Monday, Apr 20 in debt settlement | Comments (15) Question: Jim has over $100,000 in credit card debt. He asks Dave what he thinks of debt negotiators. Nothing but bad things, as Dave explains. Dave Ramsey's advice: The only time a credit card company takes less than what you owe is if they think they won't get paid. If you go to a debt settlement company, they have you pay them a monthly amount. Most is their fee, and a little goes into a savings account that they will use to settle with the creditors. But the collectors won't get paid for six months, and it will destroy your credit. Instead, I say get together with your family and figure out a plan to live on beans and rice and make big payments to the collectors. They can sue you and take a lien against your property, but they must sue you first and win and then take judgment. If you have no payments but the house, you have no excuse to not do this and clean up the mess you've made. List your debts smallest to largest and attack the little one, then knock them out one by one. That's the best plan for you. Link to Debt Settlement Page: Debt Settlement
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RE: Settle A Debt for Less than You Owe? - 11/9/2009 10:20:01 AM
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GregandJenny
Posts: 665
Joined: 2/16/2006
From: Near Seattle Washington
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Favored mom, Thanks for sharing your testimony with us. I am encouraged by you! I think it should be pointed out to that when you started using credit t run your business and such you did it with the intention of paying it back and I honestly believe that God honors that, because yuor motivations were pure. I will pray for you and your husband to be come debt free (I am on my way) and your business to flourish! God bless you!
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It does not have to be well with my circumstance to be well with my soul!
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RE: Settle A Debt for Less than You Owe? - 11/11/2009 8:32:23 AM
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Katie51
Posts: 227
Joined: 1/8/2009
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If you think you wont ever settle a debt for less than the original then hope you never walk in my shoes. I lost my job 8 months ago. Fired by Christians who love money more than their Lord after I developed carpal tunnel syndrome. They were afraid I would file a workmans comp claim on them (I didnt, never missed a day of work over this) so they doctored my personnel file and fired me and contested my unemployment. AFter months of dealing with the mess I finally received my unemployment. This Christian man lied on the phone during the hearing. I had been a good, reliable employee who did my job well. If you find yourself out of a job for months, your view on things might change a bit.
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RE: Settle A Debt for Less than You Owe? - 11/11/2009 3:45:28 PM
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favoredmomof4
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GregandJenny, Took me a while to respond...but, thank you for the kind words of encouragement and prayers. I appreciate it SO much. Honestly, your post gave me a new motivation to "fight the fight" and press on to becoming debt free.
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