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Probably different from most here

Submitted by sumac on Wed, 10/24/2012 - 08:26
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I had some family medical crises, and ca. $30,000 in credit card debt three years ago. Other than a trampoline and swing set, our credit card debt was primarily gas, groceries, car repairs, etc. Summers are tight for us because I am a teacher (I do low-skill construction and other things during the summers to get by), and when I asked for a forbearance from the credit card companies, they told me to go jump in a lake. I stopped paying on them in June 2009, and in August, I signed up with a debt management company.

Under the terms with them, I was to pay $409 a month over three years. Their fee would be ca. $4000, and the balance (held in escrow by Global Client Solutions) would be used to negotiate a settlement with the three cardholders (Discover, BofA, and Chase). We were very concerned about fraud, charlatanism, etc., but the first company was extremely professional and on-the-ball. The collections calls stopped, and they updated us weekly as far as offers, progress, etc. Offers were made, but they said they were holding out for better offers, which were inevitable as time went by.

The original company was bought by another one, and that one was bought by another as well. Both of these companies were terrible at contact and customer relations, and the second one was impossible to contact and never contacted me. The phone number at their website simply rang and rang indefinitely. A year ago, I grew suspicious, and closed my escrow account with Global Client Solutions. I received a check from them within days for the correct balance, sans the fee. Immediately, the company was suddenly very willing to contact me, and I told them that I had decided not to undergo negotiations through them.

For approximately a year, I have heard nothing. Over the last three weeks, I receive several calls a day from Zwicker and Associates. I have not answered these calls.

I have several questions:

1) Should I call Zwicker back? Or not?

2) Is this likely headed to court?

3) If Zwicker owns the account, does this de facto mean that the accounts have been charged off by the companies, and that Zwicker is the sole holder of the debt?

4) How workable is Zwicker as far as payment arrangements? My car was repossessed and sold, and the bank lets me make $75 per month payments (no interest or penalties) to clear the remainder owed. Could I expect to make $50- $75 payments to Zwicker?

5) I am not interested in fighting legal technicalities in court to get out of the debt owed. I owe the debt, and am willing to pay it over time, but need reasonable terms to do it. I have a family of six and net $1840 per month (my health insurance is ca. $850 per month).

6) If the court imposes garnishment, are my income and family and other obligations taken into account? In other words, would a court impose $200 or higher in garnishments, even if I couldn't live off of the remainder?

7) What is the statute of limitations on default? I haven't made payments for 3 + years. At some point, Can the debt no longer be collected? Just curious.

Thank you in advance for insights, observations, and experiences related to this!


What about your wife?? Is she not working?? What state are you in?
It is hard to say what zwicker will or will not offer or whether or not they will sue. Discover tends to be fairly agressive.

Quote:

6) If the court imposes garnishment, are my income and family and other obligations taken into account? In other words, would a court impose $200 or higher in garnishments, even if I couldn't live off of the remainder?


Usually not. They usually go for 25% of your income.

How much do you owe in total?? Maybe bankrutpcy would be the solution.


Submitted by SOAPLADY on Wed, 10/24/2012 - 09:12

SOAPLADY

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Bankruptcy would be the absolute last resort. Extra jobs are also on the table, as you mention, for extra income.

We actually do make enough to live off of (we are very frugal ---- no smart phones, ipads, cable/satellite, only one car, etc.). It is tight, but we get by.

Unreasonable repayment terms will make it hard, of course.


Submitted by sumac on Wed, 10/24/2012 - 10:22

sumac

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I guess my immediate question is whether it is unwise to ignore the calls from Zwicker. I assume if I continue to ignore them, that they will file suit, eventually.

Should I talk to them and see what I can arrange? Is not doing anything and ignoring the calls a poor idea?


Submitted by sumac on Wed, 10/24/2012 - 12:33

sumac

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