All about judgment and credit card debt - The Bills.com Blog

My story is pretty much the same as above: no notice of judgment. This is a NY judgemnt for 9056.00 I live in NJ. I learned of the judgment on Dec. 5 upon opening a letter from Wachovia bank which contained a copy of an information supeona and the restraining of 18,000 on my account which contained 14.00. I contacted the plaintiff's attorney who wants an immediate payment. I have no funds at this time. what can I do? Attorney said he would send a sheriff to pick up my personal property to satisfy the debt. Is this legal. My car was stolen last year so this is not an option. Woe is me.

Unfortunately, the situation you describe is all too common. Many consumers who are struggling with debt are totally unaware that one of their creditors has filed a lawsuit against them until they have their wages garnished or their bank account levied due to a default judgment for failing to answer a court complaint. When a creditor files a lawsuit, it is required to serve a copy on the debtor, but that sometimes is not done properly due to an incorrect address or an unscrupulous process server. At this point, you could try to fight the judgment entered against you, but I think that would likely be an uphill battle, especially if you owe the money being demanded by the creditor. Even though the creditor did not receive much money as the result of its bank levy, it will take some time for the levy to be lifted. I would contact your bank to ask if there is any way to expedite the process of turning the funds over to the creditor; in some states, you can file a “voluntary release” with the bank, allowing it to release the funds in your account and lift the levy. You may also wish to contact the creditor’s attorney again to advise it of the fact that you only had $14 in the account it levied and try to work out a payment arrangement to prevent any further action by the creditor to execute on its judgment. In addition to levying your bank accounts, the creditor could garnish up to 10% of your gross wages and attempt to seize any non-exempt property you own (though it is very rare for a creditor to actually seize personal property—this is almost certainly just a threat). For more details of the New Jersey exemptions for judgment debtors, you can visit http://business.uschamber.com/P98/P98_12_assettables_NJ.asp. If you are not able to work out an agreement with the creditor which you can afford, you may want to consider filing for bankruptcy protection to resolve this debt and prevent any further enforcement action by the creditor. To learn more about bankruptcy, I invite you to visit the Bills.com bankruptcy resources page at http://www.bills.com/bankruptcy/. I strongly encourage you to consult with an attorney in New Jersey to discuss the potential impact of the judgment, what options you have to fight the judgment, and what other options are available to resolve the debt if the creditor refuses to work with you. I wish you the best of luck in finding an option to help you resolve this debt.

After a credit card company has won judgment against you, how long do they have to collect from the judgment?

That depends on your state laws for creditor judgments and also the repayment terms allowed by the court judgment. If the court has allowed wage garnishments, then depending on your state laws, they will garnish your paychecks until their dues are paid.

MY BANK AC MY BANK ACCOUNT WAS LEVIED. I NEVER RECEIVED ANY TYPE OF NOTICE. WHAT CAN I DO?

You will need to find out exactly who put this levy. It will most likely be due to a judgment on one of your accounts. you should check on your credit report for any judgments. Many times creditors will use the address on file for filing suits in court and if you moved out of that address without notifying the bank then there is a chance that they sent you the summons to appear in court to the older address and you did not receive it. If you do not respond to a court summons then the court will pass a default judgment against you, and that is what i suspect has happened in your case.

Hi, In short, this is my problem. I attended a school program over 15 yrs ago. Do to unforseen finances I could not finish the program. I withdrew from the school between 1990-1991. The remaining balance went to a judgement claim which i never recieved a notice. I joined the military in 1992. I was stationed in Germany in 2000 and has lived overseas since except for a short 1 yr tour in 2004-05 in the states. I am currently living in Japan. I requested a credit report several yrs ago and noticed the judgement on my credit which at that time was told it would remain for 10yrs. It first entered the judgement in 1998. Several months ago i requested another report and filed to have the judgement removed because it has been 10yrs. I received my roprt 2 mths ago and it was removed. Now the tricky part.. 2 weeks ago i received a letter in the mail from the same program requesting the same amount of money from over 10yrs ago and they have added 5yrs of interest. My question/concern is can they do this? It seems like a double jeopardy or something. How can they affect my credit for 10yrs and as soon as that time passes try to re-bill me for the same problem. I would have paid the bill earlier when i had payment arrangements with the company but when i talked with one of their worker, they were so rude, negative, made several threats and said i was going to jail. Now what do i do from here. I don't think i should have to pay this bill. I've done my time with this company, i can't replace those 10yrs of carrying this on my credit so i don't think i owe them a dime.I want to disconnect all ties from this agency. The amount in question is roughly $2,300 dollars not they say i owe $6,000. What do i do. Please advise. Any input would be greatly appreciated. Thank you.

I certainly understand your frustration given the circumstances you describe. However, the fact that this judgment was listed on your credit reports as a public record for the past 10 years does not change the fact that you have not paid the judgment, and therefore still owe the debt plus interest at the judgment rate allowed by law in the state where the judgment was entered. The judgment being reported on your credit report is not a substitute for your paying the amount owned, nor does the fact that the debt is no longer appearing on your credit report does not absolve you of liability. The federal law establishing a ten year period for which judgments can appear on a consumer’s credit report is unrelated to the length of time that a judgment can be collected, which is regulated by state law. In most states, judgments are initially valid for between ten and twenty years, and can be renewed if the judgment creditor makes a timely request to the court. Some states limit the number of times judgments can be renewed, but many states do not impose such a limit, meaning that in certain cases a judgment can remain valid and collectable indefinitely, as long as the creditor continues to requests renewals in a timely manner. Interest will continue to accrue at the legally proscribed judgment rate for the entire time that the judgment remains unpaid, which can add up to a huge sum of money for old judgments which have been renewed multiple times. A $5000 judgment can end up with a balance of many tens of thousands of dollars with the addition 20 or 30 years of accrued interest. While I know that the idea is unpleasant, my best advice would be to bite the bullet and pay the debt as soon as possible; the judgment is probably not going to disappear any time soon, and you would be better served to pay what is owed now rather than to allow more interest to accrue. The judgment creditor may be willing to settle for less than the full balance; I encourage you to contact the collector to discuss repayment and settlement options to determine the best way to proceed. I wish you the best of luck!

Can a credit card get a lien on my house if I am unable to pay a non secure credit card debt?

That really depends on whether the State laws. You have to keep in mind that all creditors will need to get a judgment in court before they can proceed with that kind of action. If the debt is small, then it is doubtful that they will go through all that effort. You can read more about your state laws here: http://www.bills.com/collection-laws/.

I have been served by a credit card company I am 7 months behind in payment .I will go to court and answer to them. What can I ask the judge to do so my bank account or house is not levied ? I will make arrangements, is this something the judge will do? I would like to know the process alittle before i walk into court. Thank you Diana in Georgia

Diana, you will need to present the facts to the judge. You will have to document your reasons to fall behind. if the court is convinced then they will try and setup a payment agreement with the credit card company. If you have gone through a job loss or reduced hours at work, bring with you the paperwork that proves the same. Once the judge knows that there is no way you can keep up with the regular minimum payments he will probably ask for both the parties to come to an agreement on some sort of a payment plan. Nothing is guaranteed, but the more facts you bring to the table, it will help make your case stronger.

I was served with legal forms saying that I had 30 days to "respond". I did respond to the junk creditor who was harasing me about an old credit card from years ago and should have been considered a "time barred debt" due to the debt being so old it was past the statute of limitaions in North Carolina (3 years). I responded to the collection agency within the 30 day deadline and was told that they were working to supply me with verification that this was actually my account. In the meantime, they appeared in court and was awarded a judgement that is easily 6 times the realistic amount that this account could ever be valued at (and that's if this was even my account - wasn't ever supplied with any account info). The court date came and went without my knowledge and now I have a rediculously inflated amount that they claim I am due. I am still arguing with the collection agency about whether this is my account and have been forced to make payments for about 4 months in the meantime to avoid having this collection agency reposessing my car and trying to take my possessions. What can I do to try to get this judgement reversed? What can I claim as a valid defense when I am in front of the judge? I probably need to contact an attorney, but when I look in the yellow pages or on the internet, all I find is Bankruptcy attorneys and I don't want bankruptcy.

Chris - If you were served a summons to appear in court and did not go on the specified date, then the court will usually pass a default judgment against you. Even if the statute of limitations had passed, you should have presented that in court, and the case would have been dismissed quite easily. By what you state in your question it looks like the collection agency did not give you full information as to what was going on. What you will need to do is to find out which court delivered this judgment and file an appeal there based on the facts of the case and just simply tell them your side of the story. It will be better if you do it with the help of an attorney, but if you really cannot find one, then with some work, you can get it done yourself. Your main defense will be the fact the statute of limitations had passed.

My Husband had a judgement placed on him from a credit card debt(that he was unaware of) back in 8/2002 he then lived in Georgia. His bank account was recently lieved back in October of 2008 for a partial amount, then wages garnished in January of 2009 for a continuation of that previous garnishment. My question is, we now live in South Carolina that does not allow wage garnishment, but they are now garnishing his wages as if he lives in Georgia, isn't this illegal? Would they go by the first judgement or by the second one? SCCLA 37-5-104 doesnt allow this if you live in the State of SC. He has been living here for 4 years, Is there a time limit in SC for a judgement to be collected? I am aware if you owe child support, taxes or the judgement was placed on you before you moved to SC they can collect. However, if this last judgement was placed on him while he lives in South Carolina, which will they go with? He was never aware of that one it was a default judgement probably. Help

Generally speaking, a judgment can only be enforced in the state in which it was issued; in order to execute its Georgia judgment in South Carolina, your husband’s creditor would likely need to file a “motion to domesticate” its Georgia judgment with your local courts in SC. When an out-of-state judgment is domesticated, the creditor is normally required to abide by the same laws regarding judgment execution as any other judgment creditor; the fact that this is a Georgia judgment should not allow the creditor to garnish your husband’s wages in SC. If your husband’s company is headquartered in GA, it could explain why he was garnished, as assets in GA are still subject to execution even though you moved to SC. If you still have any other assets in GA, the creditor would likely be able to execute against those assets without having its judgment domesticated in SC. Since I do not know the details of your situation, I cannot determine specifically why your husband’s wages are still being garnished. I strongly advise your and your husband to consult with an attorney in SC as soon as possible to discuss the garnishment and bank levy, and what actions your husband can take to shield himself from the creditor’s collection efforts.

does a judgement stay on your credit report for seven years or can you petition for it to be taken off once it has been paid

A judgment will stay on your report for 7 years or more, you cannot change that even after you pay it off.

I live in Texas and am wondering what would happen if I default on my credit card debts. I have talked to several people that have done this and just didn't pay on the cards and after a couple years they stopped harrassing them. I don't know what to do, any advice. I have an appointment to file for bankruptcy but have been told by several people that in Texas there is nothing the companys can do to you. I don't work am on disability and a death benefit from my husband. All this is a result of a terrible situation that happened. Can you give me any info on this

Texas has a lot of protection for consumers, against creditor action. While I don't think that you have to file for Bankruptcy just on account of the credit cards, defaulting on them will definitely have a long term impact on your credit. But, as you state that your only income is from disability, being that disability income is protected from bankruptcy, you should definitely get that consultation from the bankruptcy attorney. If you qualify for a Chapter 7 filing, then you will not have to pay any of your debts and will get a fresh start.

I live in NC and have 23K debt on 1 credit card. This is the only debt that I owe. I am a stay at home mom, therefore I am unemployed. My husband can no longer afford the payments and we are thinking about dumping it. Since the card is in my name only, can they garnish my husbands salary or will this affect his credit in any way? We are also thinking about openging a new bank account so that they can not clean our current one out. I am not worried about my credit since the mortgage is in his name and both of our vehicles are paid for. Thanks in advance for any advice.

North Carolina is not a community property state, so if this card is in your name only, your husband should be safe from any creditor action. I also checked for the wage garnishment laws in NC and it seems that 100% of your wages are protected from creditor garnishment. But just to be sure, I would consult with an attorney licensed to practice in your state about the ramifications of not paying on such a large amount.

Well like others above I have a judgement they claim I was served back in 2007 and so on...Well I recieved a denial from a credit card and requested my credit report and seen this information..2 days later my credit union sent me a notice from this so call attorney requesting information about what I put on my application for a checking acct and again these people lied and said I was mailed/served a copy of this notice earlier in the month, how can these people get away with all these lies?? I went to the court to look at this judgement and in the paerwork there is even a letter stating someone served papers on a child while someone was visiting my area and this person forwarded them back to the court house, of course I requested a copy of the whole file including that letter but now what? The letter stated the bank has to turn over the info on the 29 and I only recieved a copy from my bank on a friday the 26th so I couldnt seek any advice or nothing to stop it. There must be a way to bring this back before the judge. I live in California, where can I look for more information, before I have to pull money from ?? to speak to a attorney...One last thing I onlyy used that bank account for the credit union to deposit child support checks can they take that money??

You can certainly seek counsel from an attorney and discuss bankruptcy and also options for possibly suing your creditor if indeed service was not given properly. Sorry and good luck. I sure hope you are able to find a good and honest attorney that can help you out.

First, I was just served with a judgment today and I live in VA. I received a summons about 3 months ago with a court date. I went to the first court date and spoke to the man representing the credit card company. I tried to work out a lesser but paid in full amount. I also tried to explain to the man that I had a lawsuit going for 30,000 of unpaid wages that was due to be settled within the next 6 months. To put it simple, I couldn't come up with the full amount that soon. Then another summons was served, to which I realized the day after that I missed court. Now, I received this judgment in the mail Monday and today received a notice from my bank that they have taken my funds in the account to help satisfy this judgment. Basically, I have a few questions: Can they take every penny I have in my checking account? What about my checks that haven't cleared out yet? Should I clean out my other bank accounts? Can I do anything at this point to avoid this on my credit report? I have just been paid off from a lawsuit about a week ago, and I have the amount they are putting the judgment on for. If I pay it, will it make any difference on my credit report? If I don't pay it, what will happen? How long will it be on my credit report? Either way? Should I file for bankruptcy? Very soon, my husband and I are looking to purchase a home. What would be the best way to resolve this to better our chances on getting a decent mortgage rate? Thank you, Jessica

If a judgment has been passed, there is little you can do to stop it from appearing on your credit report. If you have the money, you should contact the creditor and reach an agreement to pay-off the account, but make sure that they agree (in writing) to report the debt paid on your credit report.

I had a judgment placed against me about a year ago in ohio. I wrote the attorney to request payment arrangements and never got a response. A few months ago I began receiving letters in the mail stating that I have to pay the full amount, 25% of my pay every pay period, or be garnished. My question is can this be consolidated into one monthly payment through some kind of debt help/relief services? I am paying almost $400 a month which is killing me right now until my car is paid off in february.

Unfortunately, no debt relief or debt consolidation company would be willing to work with it as the creditor will most likely be unwilling to negotiate, as they already have a judgment against you. Your best bet will be to contact the attorney and try and work out a payment arrangement that is amicable to both of you. You will have to be persistent as they might be inflexible at first.

I have a judgment for over $23,000.00 placed on me by Discover. I recieved a letter from the Dioscover lawyer that if I don't call the number listed on the letter within 15 days that they plan to suggest to Discover that they send a notice to the sheriff in my county to levy against my personal and real property. We have 2 mortgages on our home and real estate. The credit card is in my name but not my husband's. Can they have a marshall come into my home and take my personal property. Again, I live in South Carolina.

As this is a judgment, my first suggestion to you is to contact a legal professional as soon as possible to see if there is a way for you to setup a payment arrangement. You should not ignore this notice at any cost. As far as liens on your property are concerned, it is a possibility in the state of SC. If you co-own the properties with your husband, then they can place a lien on your home even if your husband is not on the card.

I have two credit cards that I have not paid on since 2003. They have been turned over to numerous collection agencies over the years. I live in MO and there is a 5 year statute of limitation on open-ended accounts. What can these collection agencies do to me and when will they come off of my credit report? We are preparing to purchase a house in the next 3 months and I don't know what to expect. All of these collection agencies and the underlying debt are still on my credit report. Some indicate they will not come off until 2010.

The answer to your question depends largely on the statue of limitations (SOL) in your state and when you made your last payment. I cannot tell how long ago you made your last payment, so I cannot tell you whether the SOL on this account expired. If your state’s SOL for collection of credit card debt has expired, the creditor should be time-barred from suing you to collect on this debt. Keep in mind that in most states, the SOL begins running from the date you last made a payment on the account; the payment you made to the collector recently, even though you closed the account to prevent the payment from being processed, may affect the expiration of the SOL on this account, depending on Missouri state law. I encourage you to consult an attorney in Missouri to help you determine if the SOL has expired on this account, and if it has not, when it will expire. You should also keep in mind that the expiration of the SOL does not prevent a creditor from calling you to collect on the debt; it simply provides you a defense in court if the creditor files suit. However, keep in mind that the SOL for collection of debts and the time period that they can stay on your credit report are different! Accounts can be reported on your credit report for seven years from the date of last payment. You may be able to get them off faster if you dispute the debts and the creditor is unable to verify them.

My house is undergoing foreclosure, i'm a victim of a loan scam and she had forced me to file Chapter 13 to slow down the process of foreclosure. My Chapter 13 bankruptcy was auto dismissed since I didn't comply with mandatory documentations. After one month, I was served a summon from credit card debt of $25,000. Can I file Chapter 7 now?

You have at least three issues occurring simultaneously here: being a loan scam victim, a foreclosure, and a summons to appear in court for a credit card debt. If there ever was anyone who needed a good attorney, it's you. Find one now. In the meantime, do not ignore the summons. Appear in court on the date indicated on the summons. Start educating yourself about bankruptcy and foreclosure.

CAN YOUR WAGES BE GARNISHED IN LOUISIANA FOR CREDIT CARD DEBT?

If the creditor receives a judgment, yes. If you receive a summons to appear in court, be sure to appear. If you can negotiate a settlement before the court date, that will be better for everyone. Believe it or not, the creditor doesn't want to take you to court -- the creditor wants money. Going to court is expensive, and creditors (like you) want to save the expense of doing so.

I just received notice to appear in court regarding a judgement for an old credit card bill. There is a ph# to the credit card company's atty. Can I contact them to try to arrange a payement plan to avoid the judgement? Also, can you wages be garnished for this in IL?

You can get garnished, but first they win the judgment and then apply it. Check Illinois or any state specific stuff at the Bills dot com great resource here - Garnishment Limits You certainly can call the attorney that is collecting on behalf of the credit card company and either settle the debt or get on a payment plan, usually called a stipulated judgment.

when a judgment is paid how long will it be...before it will not affect your credit?

Anything can stay on your credit report for up to 7 years.

my mom rec'd Marshal's notice of execution today. she lives on social security and food stamps. I live with her. can the marshal levy MY property as well, since the lease is under my mom's name?..there's no date on the notice of when the marshal will come...i'd like to be there with my mom if they come...pls advise.

This is a serious issue that needs immediate attention. If you can afford it, see an attorney immediately. Bring all of the paperwork regarding the debt, and all of the court documents that your mother has received regarding the debt that led to this order. If you cannot afford an attorney, call your county bar association and find how to contact the local legal aid organization in your area that helps low- and no-income people who are facing these types of issues.

i just recieved a judgement against me in pa.when i was served i answered what i thought was the complaint in the 10 day limit.i found out today i didnt have the proper forms so it was considered correspondents not an answer but they were stamped with date&time from my local court.at this time is there anything i can do?this is not my debt andthey say it is but i was in a ch.13 bankruptcy from 02-07 they collector says it was before that.then they told me it was from 06.i have 3 letters demanding 3 different amounts.help please.

I urge you to take all of the correspondence and other documents relating to this debt to the attorney who helped you file your bankruptcy.

I just got a judgment against me for a credit card debt in Maryland. I understand their next step will be placing a lien against my home. At what rate does the judgment accrue if I just let the lien sit there and do not pay it? Also, what are the chances they'll take it step up from the lien and go for wage garnishment? I don't intend to sell my home any time soon so the lien isn't as worrisome as the garnishment.

See Collection Laws and Statute of Limitations for state-by-state information on judgment rates, garnishment rules, and statutes of limitation. The most conservative approach is to assume that the creditor will take any and all legal remedies available to collect the debt. The chances of a creditor using all available remedies corresponds to the size of the debt.

I HAVE APPLIED FOR SOCIAL SECURITY DISABILITY. HAVE NO INCOME AND RECEIVE FOOD STAMPS. I OWN MY HOME IN NC SO NO MORTGAGE. I CAN'T PAY MY CREDIT CARDS ONE IS FOR 23,000.00 AND THE OTHER IS FOR 5,000.00. WILL THE COURTS MAKE ME SELL MY HOME? THANK YOU

Under Section 207 of the Social Security Act (42 U.S.C. 407), no creditor, other than the federal government or a court ordering payment of child support, may garnish Social Security benefits. However, if your benefits are co-mingled in a bank account with funds from other sources, then that bank account may be levied. Accordingly, recipients of retirement benefits or Social Security benefits should deposit those funds into separate accounts and not co-mingle income or gifts in those accounts. Regarding your other rights, see Collections Advice. To your question, it is unlikely a credit card company will foreclose on a lien placed on your property over a $23,000 or $5,000 debt -- the PR implications are enormous and all bad.

Can a debt collector(for an unsecured debt) levy a bank account in South Carolina?

As I read Title 37 - Consumer Protection Code of the South Carolina Code of Laws, levy is not a prohibited remedy except in narrow circumstances. Read the statute to see if your facts match those circumstances.

I believed i got serve for cc in ca from citi. $20,000. I am self employ but will be closing it down. I short sold my house and both of my cars got repo. THis all happen in 8 month this year. I bascially have no assets. I talk to lawyer for bankrup, but he is charging $3500. to take the case. I got levy by the Board of Equ. for not paying the company tax. Can i just ignor everything since i have nothing. Single,I owed upside down on the house will be $120,000. $60,000+ on all cc debit. The company has $5500 in debet also. No Money to pay any body..

At the risk of sounding like a Pollyanna, today's terrible economy will rebound, and you may find yourself in the future with opportunities to start a new business. When those opportunities arise, you will be able to take advantage of them if you start to work now on resolving your debts. Bankruptcy may be your best option. See What Are My Debt Resolution Options? and Collections Advice to learn your options and the consequences of doing nothing.

after a judgement has been filed against you for a credit card debt about how long would it be before garnishment or bank levey begins or does a notice to appear in court has to happen first.

Can't give you a good answer. It depends on the jurisdiction, and how vigorous the creditor is in enforcing its right to collect the debt.

In the state of Texas...if my husband has a judgement against him, can they levy my bank acct. if he is not on the acct? From what I understand they cannot touch our wages.

Please see Is My Spouse Liable for My Credit Card Debt? and because Texas is a community property state, read the analysis in the section "Spousal liability in community property states." I urge you to consult with a Texas attorney who will be able to review all of the facts in your case and give you a more precise answer.

I have a default judgement on a credit card, it's only in my name. I don't have a job, assets or own a home. My husband has a job. My question is can his wages be garnised? What personal property can they take since i don't have anything of value.We have a car but it's in my husbands name only and the bank account is in his name only. Also could they go after his tax refund since he files jointly.

Please see Is My Spouse Liable for My Credit Card Debt? Because I do not know in which state you reside, I cannot give you a more specific answer.

I have a default judgement on a credit card from pressler & pressler in nj. I don't have a job or own anything of value such as a car,home, jewelry etc. A lawyer told me they can take my furniture, tv etc. is this true? I live in new jersey.

See Collections Advice to start to learn more about the rights creditors and debtors have in the collections process. See also State Consumer Protection Laws and Exemptions to learn the basics about your state. One observation: The legal advice from collection agents is usually incomplete or wrong and is always self-serving. Therefore, do not believe what a collection agent told you, even if he or she calls himself an attorney.

I'm reading some of these comments, and I want everybody to find a legal aid clinic or law school in your area and become your own best advocate. Credit card debt(unsecured debt) cannot garnish unemployment, social security checks, child support and many other forms of income. (School loans=secured debt you are out of luck) YOU CANNOT be arrested for credit card debt. (it is a civil matter) There is no debtor's prison. Become educated in the vile and venal ways debt collectors threaten. DO NOT agree to pay on unsecured debt that has been time-barred or SoL. Some states like NV and CA dismiss all unsecured debt after 4 years. You may need a attorney's help to send off letters to debt collectors( or look for a template on the web). Become familiar with the Fair debt collections practices act. Always send your mail certified. Download a phone script, never, ever, agree that the unsecured debt is yours, always refer to it as the alleged debt. Judgment's are often phony and a means of intimidation...if you get a judgment, call your nearest legal aid clinic for assistance. Find out about garnishment laws. Homes cannot be seized for unsecured debt. (make sure your home is homesteaded though. do it yourself at your states assessor's office, do not pay someone to do this for you)You may not have to declare bankruptcy sometimes you play the waiting game. Let the statute of limitations run out and never agree to pay old debt, not even one dollar. Quote the FDCPA and stop debt collectors from harassing you. And everybody watch the March 27, 2009 Dateline episode, and I will assure you. You will never send a debt collector another penny. I'm in the same boat. Lost my job, ten thousand in credit card debt, used to be seventeen grand but I've paid off seven grand. I have no money. Unemployment ran out...put in over 200 applications, had 12 interviews, I'm college educated and pissed...I may not have any money, but I can become my own best advocate. Do not hesitate, do not listen to gossip. Educate yourself, pronto...and everybody... never, EVER let anyone make you feel like you have failed...

I have a recent judgement against me for $6,200 and was given the opportunity to make a $100 payments, which was done with their attorney. I was told that after 90 days that the collection agency would contact me and review my status. I have made those payments and now after the 90 days they said i have to make $200 payments or settle. The collection agency is Midland Credit Management. can they change the payment plan that i arranged with the attorney? I asked them to send my something in writing and they said that they can make this arrangements over the phone.

First, get everything in writing. Second, I cannot answer your question about the payment plan you created with the attorney because I do not have the agreement you made with the attorney at hand. What does the agreement allow the creditor to do regarding the payments?