Debtconsolidationcare.com - the USA consumer forum

emergency-need help now please

Date: Mon, 07/31/2006 - 15:33

Submitted by got_to_do_better
on Mon, 07/31/2006 - 15:33

Posts: 6 Credits: [Donate]

Total Replies: 9


When we went into Code Red Wednesday, I found this board and started lurking, looking for advise on how to proceed over the next ten days. Now the big one has dropped and I really could use some advice!

My wife provides the only support of the household. She has trusted me to pay our bills, including three credit cards. For whatever reason, I stopped paying the 3 credit cards a few months ago and then ignorned the calls/letters. I took court papers for her and that money is due a week from Friday. Now someone tried to serve her home office in Memphis (we live in Alabama), and when they said she wasn't there, told them it was for an assault charge or something criminal like that! She is really mad and says I have 48 hours to fix. I have money coming out of a retirement account within the week I need to know if:

I should just start calling the numbers left on my voice mail and try to find out who did this dirty trick?

I should call the law office on the papers I already have and ask them if it was them
- should I attemp to settle with this firm for a lower amount?

I need a very updated credit report for her and me ASAP - I'm willing to pay for it online, how/where do I get them?

Should I call a close family friend and the family lawyer first thing in the morning and live with him knowing how stupid I am?

I can pay off the two small credit cards with the retirement money and I'd like to pay my Sears MC off over the next 10 months, that way I won't have to borrow anything from the parents, whom I will be consulting within an hour or so anyway. :cry: :? I hate to because my parents are super perfect with their money.

Please help me, I don't have time now to try to find a bunch of posts that apply to me. Thank you.


Under the federal laws, the law firm must have sent the details of the debt in writing. Go through the fdcpa laws and know how you have to deal with the attorney.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

The accounts jointly signed with your wife will be reflected on the files of both of you. Call the law office and see if they are using some of their dirty collection tactics. Send a debt validation from your side requesting for the details of the account. You can refuse to pay them anything until the debt account is put in writing to you. Send the letter through certified mail with return receipt requested. If the matter reaches the court, you need to prove that they failed to give out the actual details of the debt.


lrhall41

Submitted by BuildingWealth on Mon, 07/31/2006 - 16:01

( Posts: 491 | Credits: )


I'm looking at the credit report and it shows the Lowe's bill charged off to GEMB, the amount is a fair amount so I'm going to pay it when I get the funds.

But, is there any repair for this debt on her credit report? I know it was charged off fairly, but when I get this monster leashed, I don't want to start the repair process and find out there was something I could have requested/done when I paid this off to help the credit report.


lrhall41

Submitted by got_to_do_better on Mon, 07/31/2006 - 17:07

( Posts: 6 | Credits: )


well, unfortunately, you have learned that a problem ignored never goes away , it only festers. Unfortunately in ten days there is very little you can do to stop the train wreck from happening. These things take time to build documentation (i.e writing letters, Calls can be denied unless you record the calls, and there are still specific state laws which must be adhered to. Credit reports (one updated) take 30 to 60 days to reflect updated information. Unfortunately , most likely there is nothing you can do to stop it from showing up on your wifes credit reports, and most likely these people will not even talk to you , and will insist on dealing with your wife unless these are joint accounts (more and more creditors will not speak to spouses)

A few question you need to answer ( if only to your self, be assured the court will ask these questions).
Why did you stop paying? Was there a specific cause for financial difficulty? or did you just get lazy? Why did you not address these problems with the original creditors early on? How much can you afford to pay now? what can you afford to pay on arrangements?

I'm really sorry to be the bearer of bad news , but there really isn't much that can be done in 48 hours much less ten days. By law negative information remains on credit reports for 7 years from date of last activity (last payment or charge off). There is no way to legally remove it unless you can get the original creditor to agree to remove the negative information.

You are afforded some protections under federal laws, but along with those protections come time line in which certain things much be done, from your post the deadlines came and went and you never really gave it another thought. In short, you really cant look to the laws to save you now, you have to meet this one head on and try to minimize the damage, not to mention issues which undoubtedly will arise in your marriage.


lrhall41

Submitted by LCW on Mon, 07/31/2006 - 20:09

( Posts: 1151 | Credits: )