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Chapter 13 or DIY settlement?

Submitted by on Sun, 08/17/2008 - 17:44
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I am in the state of Georgia and since debt settlement isn't an option here, except maybe DIY,it seems to me that filing bk is about my only option and chpt 13 is what I am considering. I would like to hear your stories about the experience, amounts you owed and how much your payments were. I have about $34000 in unsecured debt. From 3 home business start ups in years gone by to a job loss last year. Supplementing income with credit, saw no other choice at the time. There are tales of DIY settlement, but I don't have thousands of dollars saved up to settle myself. And how often does someone get sued during DIY settlement anyway? Lower payments is what I need. So please, any input would be appreciated.
Also on another message board someone posted to me that alot of Chapter 13's fail and I was wondering why that was, and if that is true.
Thanks


I dont know who told you that but debt settlement is definitely an option for you in GA. Before we moved from GA to DE, I had Teresa Cadiz help me over at Superior Debt. She was able to help us and now we are almost done and have been with them for 20 months.

She's great and helped us to figure out what would be the best way to handle our situation.

Please email me and I'll give you all of her contact information.


Submitted by j_levi on Sun, 08/17/2008 - 18:20

j_levi

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I dont know who told you that but debt settlement is definitely an option for you in GA. Before we moved from GA to DE, I had Teresa Cadiz help me over at Superior Debt. She was able to help us and now we are almost done and have been with them for 20 months.

She's great and helped us to figure out what would be the best way to handle our situation.

Please email me and I'll give you all of her contact information.


Submitted by j_levi on Sun, 08/17/2008 - 18:21

j_levi

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I am currently working with Superior too. I had a business that closed, and owed 90,000 and the DIY option just was too much for me. I needed professionals to handle it for me, and they are worth every penny. My monthly payment, including their fee, is about 1/3 of what the credit cards INTEREST ALONE was. And in only 2-1/2 more years, I will be debt free!


Submitted by on Sun, 08/17/2008 - 23:45

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I personally would not file bankruptcy until at least one of them was threatening a lawsuit and making steps toward it. I generally advocate the DYI method but there deffinetly is more stress and pressure that comes with that method. If you hire a company to do it for you make sure you fully investigate them and keep tabs on where your money is going. You certainly don't want to get into the same boat that some are in that used Sifxpert. I was not aware of debt settlment companies being illegal in Georgia but you could probably contact the state AG and verify. Another option is you could hire a lawyer to do it for you. I did that with one of my past debts that was a dispute with an apartment complex. The lawyer settled it at around 70% but the apartment complex never provided the proper paperwork. I ended up going back and settling it myself around 50% after getting the appropriate paperwork. The lawyer helped though because the complex wasn't budging until I had the lawyer send them a letter on their letter head.


Submitted by DOLLARSandSINCE on Mon, 08/18/2008 - 07:47

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Guest you are correct , well kind of. debt settlement is banned in Georgia . The only companies that can legally offer debt settlement services in that state is a law firm with a licensed attorney in the state of GA. j_levi you are correct as well. Superior used to be able to work in that state but no longer can legally due to recent changes in GA state laws.


Submitted by mobile0311 on Mon, 08/18/2008 - 08:04

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Okay, so what if I have talked to some settlement companies who say they have lawyers in Georgia? I have talked to so many companies I'm not going to be able to call the name right now, but they were in California, and the man said that they could do it.


Submitted by on Mon, 08/18/2008 - 13:47

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mobile0311, I am not aware of this so I had my mother-in-law call the attorney general's office in GA and that is not the case. The person she spoke with at the AG's office said that debt settlement companies did not need to have attorneys on staff to do debt settlement.

I'm a bit, okay lots confused! Is there some place this is being stated in a legal document? I am referring my friends and family and really do not want to have them in trouble if that is the case! Plus as American's we should have the Right to choose, rather than be told who we can use!

Any direction would be greatly appreciated!


Submitted by on Mon, 08/18/2008 - 15:25

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Trust me . I work in the industry. Georgia is 1 of 12 states that currently prohibit for for-profit debt management. Your parents or friend would not get in trouble . It would be the company. I believe the fine is 50k if a company is caught doing business in GA " but don't quote me on that". I will have to do some Google searching tonight to provide you with some more info on this subject.


Submitted by mobile0311 on Mon, 08/18/2008 - 15:44

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Mobile0311...Not sure about what you are quoting, GA is a state that allows debt settlement. If you call the AG's office they will confirm that you are incorrect.

In a few of the smaller states or where legislation has been passed there are penalties for companies offering the service. It would be best to always confirm with the attorney general's office that such a service can be provided in the state resided.


Submitted by on Mon, 08/18/2008 - 16:18

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hhmmm...not that i'm a skeptic or anything....but I do not know who you are so I do not trust you plus you could be someone that is from another program that provides services other than settlement or a creditor/collection agent yourself. I will be calling the attorney general's office first thing tomorrow morning...i have the number and will get the answer i'm looking for first hand.

mobile0311, please do not take this in any fashion other than I learned in college to do my own investigating as things could be skewed to fit the individual's agenda. Just want to be sure that when refering my friends and family that I will have them go through Teresa at Superior Debt because she has really helped me more than most have given me from several companies that i've talked with. Anytime i have questions or need to talk, she has been there for me each and every time! Even spoke with her this evening and she re-affirmed they are doing business in GA. But will post an update in the morning after speaking with the attorney general's office.

Thank you everyone for all the input.


Submitted by on Mon, 08/18/2008 - 18:44

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Trust me I am no bill collector. As a matter of fact they hate me. I work in the debt settlement and non-profit credit counseling industry and I attend both TASC and USOBA conferences that keep my company and other settlement companies up to date on laws. Georgia is one of 12 states that has a restriction that only non-profits provide dmp service or exempt groups can do debt settlement. Attorneys are the exempt groups.The 12 states that have banned debt management for profit are Arizona, Georgia, Hawaii , Louisiana ,Maine , Mississippi , New Jersey , New Mexico , New York , North Dakota , West Virginia and Wyoming. I am not saying that Superior debt relief is a bad company. As a matter of fact I think that are a reputable company that does good work. I am just saying that if they are still marketing debt settlement in that state they can be fined because they are not licensed attorneys in the state of GA.


Submitted by mobile0311 on Tue, 08/19/2008 - 07:08

mobile0311

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So J_Levi, what did they say when you called the AG's office? Isn't this confusing? Is AG Attorney general? I guess I could call them myself. I could ask a lawyer but can an attorney set up the kind of payments a debt settlement company can? I don't have any money hidden away to settle all at once. I would need to make payments.
Thanks for all the advice


Submitted by on Tue, 08/19/2008 - 10:09

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Hi everyone...sorry for the delay in posting what happened it has been a hectic day.

mobile0311, you are incorrect debt settlement is not the same as debt management as explained by the attorney general office. I did a lot of homework today, debt management is not the same as debt settlement because debt settlement companies like Superior is not handling the money or management of all debt; they are handling negotiating lump sums with creditor therefore no management is needed. Non-profit organizations assist with debt management as further explained by the attorney general's office. Now if you do a google with debt management the only thing that pops up is credit counseling organizations that are non-profit or those that have lost their non-profit standing. Debt settlement can take place in Georgia without the company having attorneys present. So my choice with having Teresa at Superior debt help me with my debt was a postively right choice for me along with having her my family and friends to the right place for help.

Again, Teresa had explained this as well when I had first consulted with her and was pleased to hear the attorney general's office reaffirm what she stated. Whew this has been a load off of my mind and a sense of relief knowing that I have been able to inform and educate myself confirming everything that I was told.

I have also confirmed with Teresa about your list that you have stated as far as states go, there is only 3 states they do not work in that is new jersey, south carolina and kansas debt settlement is not allowed. She is from hawaii, we have had many conversations about the culture, and she is still doing business in hawaii. Given her character and my understanding of the hawaiian culture, she would not knowing put anyone in harms way as it would come back to her 10 times worse.

Not on here to debate but rather to inform those seeking help. If you would like to hear more about my experience with Teresa be sure to email me and I will be happy to share everything with you.

Blessing
Email and name removed for your protection - Goudah


Submitted by on Tue, 08/19/2008 - 18:01

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There is much information on the topic plus you can always call your attorney general's office. Be aware there are several people in the industry that provide information believed to be accurate but is often mistated.

mobile0311 asked you for links to quantify your claim but you offer a "trust me" I'm apologize and mean no disrespect but I, again, do not trust you. coming to the conclusion that it is important to do some level of investigating on your own.

Guest the attorney general's office was only to happy to provide me with information to do some research. The differences between debt settlement, debt management and consumer credit counseling. So I will hold fast to what i've learned especially when I do not work in the profession and have no vested interest other than wanting to help myself get out of debt and help my family and friends with the same.


Submitted by on Wed, 08/20/2008 - 05:23

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mobile0311...OMG you have got to be kidding me. In a message for "New and DYI debt settlement" you have stated that debt management programs help with interest rates. I am right that debt management programs are similar to credit counseing program and NOT debt settlement.

Post edited to removed TOS violations - Goudah


Submitted by on Wed, 08/20/2008 - 06:28

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Quote:

mobile0311...OMG you have got to be kidding me. In a message for "New and DYI debt settlement" you have stated that debt management programs help with interest rates. I am right that debt management programs are similar to credit counseling program and NOT debt settlement.


I never said that debt settlement and debt management were the same. Debt Management plans do help with the interest rates. Let me explain the difference in the programs in layman's terms so you can better understand the difference.

[url=http://www.debtconsolidationcare.com/debt-management.html]Debt Management or dmp[/url]

These repayment plans are administered by consumer credit counseling agencies.With a debt management plan you will repay all of your accepted creditors over a newly negotiated contract and terms. The counseling agency will negotiate with all creditors to accept a lower interest rates " usually around 6%-9%, waive late fees and over limit fees and spread your payments out over 5 to 7 years. You will repay 100% of your current balance with a payment that typically runs about 3% to 4% of your total debt.
This type of program is great for someone who can afford their minimum payments but paying high interest rates. It doesn't hurt their FICO score but does show on their report they are in a dmp so it will be more difficult to acquire credit while in this program. However once the DMP has been completed it is removed from your report as if it never happened.

[url=http://www.debtconsolidationcare.com/debt-settlement.html]Debt Settlement or debt negotiation[/url]

Debt settlement is an aggressive program and best for consumers that don't qualify for debt management, can't continue paying minimum payments, can't borrow to pay off debts and don't want to file bankruptcy. Simply explained, the COMPANY (or LAW FIRM) will work with you to establish a savings program that will be used to pay off your debts over a period of two to three years. You will have one monthly payment and the amount you will pay back is typically between 40% and 50% of the amount owed when you joined the program. This type of a program will get you out of debt typically in 36 months or less and you monthly payment is usually around half of what your minimums were. This program will hurt your FICO score because the accounts must be past due typically 90-120 day or more for the creditors to be willing to settle. However if you are a good candidate for settlement its because you are overextended and your bills are either already late or about to be anyways so the fact it would hurt you score is irrelevant.

You don`t have to believe me if you don`t want to . Honestly I could care less. The company I work for is a member of TASC and has Robby H. Birnbaum as their attorney on retainer to make sure we comply will all laws.
Robby H. Birnbaum is a partner at the law firm of Greenspoon Marder in Fort Lauderdale, Florida. He is the nation's leading legal expert on debt settlement companies. Mr. Birnbaum's practice focuses on regulatory compliance and lawful operation of debt settlement companies.

I have misled no one. If you know so much perhaps you should start your own debt settlement company since you obviously know more than a lawyer who specializes in the industry.


Submitted by mobile0311 on Wed, 08/20/2008 - 07:14

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