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A toughie: Debt settlement or bankruptcy for college student.

Submitted by FutureNurseRHIA on Sun, 08/14/2011 - 09:26
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[COLOR=black]Here's a toughie for anyone interested in helping a very confused, very focused in her future person.[/COLOR]
[COLOR=black]I'm a 30 yr old Nursing/Health Information Management Student, who due to lack of employment and youthful irresponsibility let her accounts get charged off, go into collection, saw her credit plummet and disregarded it for years. :oops:[/COLOR]
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[COLOR=black]I will be graduating with double Bachelors degree (BS.Nursing/BS. Health Information Management) in 2013 and to all intents and purposes making a comfortable living afterwards, but as of now I have no income but for scholarships and financial aid. I do not currently (nor plan to)have student loans, nor am I on default for any. I also haven't any revolving credit or loans, no car payment, no student loan, no mortgage... nothing but the collection items on record which have already been charged-off. [/COLOR]
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[COLOR=black]I am confused as to whether I should file for chapter 7 bankruptcy and have it on my credit report and public record for 10 years or if I would be better served settling my bad debts, which range in age from 6 years ago to 1 year ago and add up to no more than $7,000. [/COLOR]
[COLOR=black]Unfortunately two of the collection companies recently sued and got Judgements ($2,500 and $800 respectively, the 2,500 default judgement being entered into record only 2 weeks ago) which will stay on my credit report ( I figure having the judgements and having the bankruptcy on public records will have the same effect regardless of my paying the judgements at this point) this is were I am undecided as to how to proceed.:confused::confused::confused:[/COLOR]
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[COLOR=black]-Should I file bankruptcy. Start from 0 as of the date of discharge and have the bankruptcy on public record for the next 10 years?[/COLOR]
[COLOR=black]If I do, how will that affect my ability getting employment, credit and/or a home mortgage if, for example, in 4 years I have been employed for 2 years on a $60K plus income, no debts, no loans, no credit but for a secured card ( $1000 credit available with monthly charges of $100-$200 never late, and little carryover month to month for credit repair purposes) and a 4 year discharged bankruptcy. [/COLOR]
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[COLOR=black]Or...[/COLOR]
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[COLOR=black]- Should I settle my delinquent accounts now and have the items marked settled for less than owed on my credit report until the SOL has passed?( including the public record judgement which is not scheduled for deletion for 9 yrs 11 months)[/COLOR]
[COLOR=black]And if I choose debt settlement, how will it affect the above mentioned scenario?[/COLOR]
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[COLOR=black]I'm expecting a surplus in financial aid within the next few weeks, which if managed creatively will allow me to afford debt settlement in one lump sum (as opposed to having to build up the amount needed through an agency.) Once I ask the school to disburse the money (which must go into my checking account) I'm afraid my bank accounts will be levied for the 2 judgements and then I'll be SOL (and I don't mean Statute of Limitations:lol:)[/COLOR]
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[COLOR=black]I am really looking forward to my graduation, my career and my debt free-reestablished credit life, and would inmensely appreciate any help, opinions, references or inputs from all the experts and also those of you who have similar experiences on this matter.[/COLOR]
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[COLOR=black]Please excuse the lengthy, personal information filled post and I look forward to reading your replies.[/COLOR]
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[COLOR=black]Future Nurse [/COLOR]
New Jersey


It is good that you have realized your mistake and want to rectify it. The best option is to pay off the judgment. Once you have paid off the judgment, the account status will be updated as "Paid Judgment". You future employers will appreciate the fact that you have paid off the judgments.

As for the other charged off accounts, it will be better to settle them. I would not advise you to file bankruptcy. Bankruptcy is a costly and complex process. It will lower your credit score by 200-250 points. Debt settlement may lower your score by around 125 points (it varies from person to person).

Once the debts are settled, try to add positive information on your credit report. Don't incur new debts. You can take out a secured card.
All the best for your career!!!


Submitted by Good Nelly on Sun, 08/14/2011 - 20:45

Good Nelly

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I don't believe bankruptcy is a good option for you, due to the fact that your debt isn't extremely high. It is my opinion that you can settle all of your debt for less than $3,500 - including the judgments.

Good luck!


Submitted by mariemegge on Mon, 08/15/2011 - 08:09

mariemegge

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I agree with Marie. Pay the judgments, sometimes you can even get those settled if you can pay a lump sum. Anyone else who's hounding you, settle. If they haven't contacted you, I'd wait for them to contact you before settling. When you do settle the non-judgment accounts, it's always worth a shot to ask for a pay for delete. It doesn't happen often but, again, it's worth a shot.


Submitted by OhioGal1 on Mon, 08/15/2011 - 08:29

OhioGal1

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Rather than settling and have my (Already low) credit score lower so many point, should I pay full amount of collection amount? and once I pay whether full or settle, is this going to make the credit history of the account stay for 7 years as of date of payment?

Thank you for your help!


Submitted by FutureNurseRHIA on Mon, 08/15/2011 - 19:41

FutureNurseRHIA

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Quote:

It will be better if you can pay off the full collection amount mate. Your account status will be updated as "Paid in Full" on your credit report. But the item will still appear on your credit report for 7 years.


Are you in Oz?? Do you understand anything about credit scoring or collection accounts???

A collection account is a negative tradeline. Paying a negative tradeline does nothing for your credit....you do not get points for paying a collection account. Thus there is no logic in paying it in full. Settling it for a little as possible is the way to go.


Submitted by SOAPLADY on Mon, 08/15/2011 - 20:36

SOAPLADY

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Paying or not paying debt is not a FICO credit scoring issue. FICO scores derogs posted along the way, and does not care if a debt is unpaid, settled for less than the full amount, or settled for the full amount.

There is no Current Status code for an account that identifies how it was paid. Any debt that you settle with the creditor is considered "paid,' and that is its status. Paid. So the proper term is settled = paid, as far as the account status is concerned. Creditors dont report the amount you paid to settle with them to a CRA.
However, the CRA reporting codes do provide for an additional, separate field called "Special Comments." If a debt is settled for less than the full amount, they can, if they choose, add a special comment that simply identifies that the settlement was for less than the full amount. Adding that special comment is optional on their part. Again, it is still legally settled, and again, does not affect your FICO scoring.

What such a comment does is caste a possible dispersion on the consumer if and when a potential creditor does a manual review of your credit report. Not paying the full debt owed is a negative factor that might affect their lending decisions.
When the derogatory item of information has passed its credit report exclusion date, which for charge-offs is 7 years plus 180-days from the DOFD on the OC account, it will no longer be available for review to those making a standard request for your CR. So you can say it is gone. But really, it is not. It remains in your credit file, and can, under the exemption provision of FCRA 605(b), still be requested to be included in your CR if the person requesting it can show that their purpose is for one of the exempted purposes listed in section 605(b). The three purposes entitling a party to get a CR that includes items that have passed their section 605(a) "drop off" dates are applications for credit or insurance having a principal balance of $150,000 or more, or investigations for employment purposes where the job has an annual salary of $75,000 or more. The person requesting such an expanded CR must assert on of those provisions in order to see otherwise excluded adverse items.

If your SOL has expired, and the standard 605(a) CR exclusion date has expired, and you dont anticipate a credit or insurance transaction at or above those limits, or that a potential employer may ask for your full CR, then it is kinda safe if you dont pay.

Then it all kinda boils down to a moral issue, which of course is only a personal matter.


Submitted by Lian on Tue, 08/16/2011 - 02:14

Lian

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It is not all just about credit scoring.
There is tremendous logic to paying in full. It avoids entry of a "paid for less" special comment in your CR.
To deride the logic of paying in full shows a fixation only on the credit scoring aspect of the issue, and shows a disregard for the inherent logic that a potential creditor will look less favorably on the fact that a consumer has not paid all the prior debt they accrued than seeing that they eventually met their total obligation.


Submitted by Lian on Tue, 08/16/2011 - 02:22

Lian

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