Posts Tagged ‘credit card company’

What Does a Credit Card Judgment Mean?

Thursday, December 10th, 2009

To begin with, a credit card judgment is a court order acknowledging that the consumer owes a debt and which allows the creditor the right to seize assets to repayment the debt owed. This normally comes about when a credit card cardholder falls behind on their monthly minimum credit card payments and has virtually ignored repeated requests from 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.

If a credit card provider feels it will get nowhere with you regarding your credit card debt, it may sell your debt to a collection agency. If so, you will then have to negotiate with the collection agency as the credit card provider has removed itself from the equation. Most collection agencies do not want to file a law suit against you as it is time-consuming and costly. They would much rather work with you to settle the debt, either through a lump sum payment or by arranging monthly payments.

If your credit card debt is brought before a judge, you have the legal right to plead your case by appearing before the judge. A judge will consider certain extenuating circumstances. Extenuating circumstances may include proving that the seizure of the assets will be seriously detrimental to you or proving that the debt in question is not yours.

Additionally, not all assets may be seized and a judge may determine exactly which assets may be taken. A judge may also order that money be taken from your bank account to pay the debt , may set a ruling to garnish your wages (depending upon state law), or may even order the filing of a lien upon your real property, if you own any.

Your credit score will be severely damaged if you obtain a credit card judgment. Also, it will be extremely hard to be approved for any credit products. Your credit history can carry this albatross for up to seven years.

As if this wasn’t enough, this credit card judgment can also affect your chances of future employment or advancement in your current job. Also, searching for reasonable rates on home and car insurance may be affected.

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.

Lexington Law Fixed this Lady’s Bad Credit and Raised Her Score by 163 Points. See Why it Works at www.lexingtonlawreviews.com.

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Fending Off Credit Card Debt Collectors Begins With A Guiltless Attitude

Friday, November 20th, 2009

Many consumers, who cannot afford to pay high monthly minimum credit card debt payments and cannot afford to settle those debts, condemn themselves with their feelings of guilt to being tormented by credit card debt collectors.

Some consumers in this situation realize they do not have to suffer this financial death by guilt.

They understand they can use a proven legal strategy to make the debt collector prove the debt is owed. Denying and disputing an unsecured credit debt with a debt collector, not the original creditor, works, according to Credit Card Debt Survival Guide. This strategy forces the other side to prove their case.

The Fair Debt Collection Practices Act requires the credit card debt collector to send the consumer a statement saying;

1) Send a consumer a statement saying that the debt will be assumed to be valid unless that debt is disputed.

2] The consumer must notify the debt collector in writing within thirty days that the debt is disputed.

According to the Fair Debt Collection Practices Act, a consumer can also write to the credit card debt collector saying that they want the debt collector to stop contacting them about the debt.

Then what happens, when the consumer disputes and denies a credit card debt and instructs collection communications to cease when a collection attempt is made by a credit card debt collector? Their job has been made harder. They must validate the debt with copies of original documents. That means going back to the credit card company for documents, then forwarding them to the consumer.

In the case of an unsigned and unsecured credit card debt, the credit card debt collector first has to get the consumer to admit their guilt and that they owe this debt. How this first debt collection communication from the debt collector is handled is important. The debt collector is likely to move on to a consumer who requires less work, if they are faced with a denial, a dispute of the debt and instructions to cease communications.

Matt Highlander spent months researching strategies for credit card debt relief. Read the complete 230-page Credit Card Debt Survival Guide

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