Yesterday, we talked about what happens during the first few months when you haven’t paid your credit card bills (Read Part 1 here). Today, we’ll pick up with what happens after 6 months.
3. 7-12 Months Late – While every credit card company is different, at this point, your debt/account may be turned over to collections. For most of the major cards, collections is usually an in-house department. They may also turn your account over to an outside collections agency. It can get ugly here. Collection agents are taught to do one thing: collect. And they will do anything necessary to accomplish that. They will call you constantly. They will be rude and belittle you on the phone. They will threaten you and your family. They will make your life miserable if that’s what it takes to get you to pay. A major tactic they use is fear. If they can get you scared, they can usually get you to pay.
- If This Happens To You…As we’ve established, you should have been in contact with the company, so they know what’s up with your situation. Once you start receiving calls from collection agents, remember to keep your cool. Like we said, their job is to fire you up so you don’t think straight and end up paying your credit card bill instead of your electricity bill. Although collection agents don’t play by the rules, there is something called the Federal Fair Debt Collection Practices Act which outlines how collectors must handle themselves. At this point, you should be trying to settle the debt. It will have all kinds of fees and be much higher than the original balance, so they will usually settle for less.
4. Over One Year Late – Legally, a credit card company can sue you if it’s been this long and you haven’t paid anything. Will they? It depends. Depends on the size of the debt, how long since you’ve paid, and what kind of history you have as a customer. They may have also sold off your debt to another collection agency for them to mess with it. By now, your credit is trashed which is not the worse thing in the world.
- If This Happens To You…You need to get this debt settled by now. No need to drag it out. Start by offering around 50 cents on the dollar. Meaning, if they say you owe them $5,000, offer $2,500. But of course make sure you have that money available. And don’t send them any money unless you have the deal in writing. Collectors have very short-term memories and can conveniently forget what the deal was that you made over the phone. The bottom line is this isn’t going away and if it’s been over a year, it’s been too long. Deal with the problem and get these collectors out of your life.
Tomorrow, we’ll have more tips on what to do if you’re in this situation, regardless of how long it’s been since you’ve paid.
YOUR 2 CENTS – What other questions do you have about the collections process?
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garnishment: i’ve read they can take up to 50% of ur wages. At this point, can you negotiate on voluntary payment or is it too late?
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@Jennifer – If a credit card company does sue you and wins the judgment, they can garnish your wages if the court allows them to. The point is that you should address the situation long before they sue you.
It’s important to know that even if a credit card company has sued you (not just said they are going to, but you’ve actually received papers), you can still work out a settlement before it goes to court. Just contact the attorney who filed the lawsuit and try to negotiate a deal with them directly.
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[...] What Happens If I Have Credit Card Debt And Can’t Pay? [...]
What if I intend to pay, but am unable due to layoff and inability to find another job?
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admin Reply:
August 23rd, 2009 at 7:48 pm
Generally you’re not going to find much grace from a credit card company, especially given the current economy. Remember, even though you’re in a tough spot, you still signed up for this field trip.
Other types of loans (such as a student loan) may be different because you can look into hardship deferral options.
Credit cards are typically different and less forgiving. It never hurts to call them and ask for a lower minimum payment or decreased interest rate. If you do call, ask to talk to a supervisor and get to someone who can plead your case to who can actually do something about it.
If anything, get this debt paid off as quick as possible and set up an emergency fund, so next time an emergency strikes, you won’t be forced to plead for mercy.
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Hi, possibly this entry may be off topic but anyhow, I’ve been surfing about your site and it looks very elegant. It is obvious that you know the subject and you are passionate about it. I
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hi,
im from boston
i just got a notice for a civil action..
i havent paid any of my credit cards in a long time bc of a lawsuit which took all of my money to pay off.. which was years ago.
what should i do?
im afraid of my accounts being frozen
any advice?
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