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About 2.5 years ago I was under staggering medical debt and because I didn't know how to deal with creditors, I defaulted on two credit cards. I PIF'd on one in collections; the other is a Discover card that has been charged off. Original balance is $4500; they currently report it as about $7200 due to fees and interest.
I want to pay this off. I incurred the costs and I should pay it, and I honestly don't want to have to worry about it any longer. What I don't know is how to pay it off. I don't have the money to PIF but would be happy to do a payment plan. My CR indicates that Discover hasn't sold the debt. I'm worried that if I call and say I can't PIF they'll just sue me. Is that likely? Do I need to get an attorney or go to someone like Consumer Credit iCounseling? I've negotiated a payment plan with the medical debt and paid everything else, so I don't know how much they can help me. Should I just save and send them the whole amount when I have it?
My other question is about Rule 5000. Can you use Rule 5000 on chargeoffs, especially when they're old, like mine? If you can, how?
Thanks for any help. I've heard so many stories about Discover being aggressive and awful, I'm a little scared. I don't want to shoot myself in the foot trying to pay them off.
WHAT IS RULE 5000?
@Booner72 wrote:WHAT IS RULE 5000?
yeah!? lol
Apparently an FDIC policy on accounting classification of loans on the books of the lender. This probably doesn't affect credit reporting but that's just my quick reaction.
http://www.fdic.gov/regulations/laws/rules/5000-1000.html#5000uniformpf
Hi and Welcome here to the forums,
What you need to know is your states SOL(statue of Limitations). That is the time period a creditor can take you to court and win.
You'll see here in the forums, were we talk about within SOL or Passed SOL.
Within SOL means a creditor can take you to court. Passed SOL means you are no longer held legally responsible for the debt.
Just because a debt is passed SOL, doesn't mean the creditor stop trying to collect, they will try to collect forever.Key word TRY.
Now, if you get a summons to court, go to court and if passed SOL, tell and prove to the court it's passed SOL.
If you dont go they can win on default, you dont want that, so always go to court if summons.
It's helpful to know if you're passed the SOL and you are willing to pay the debt.Because, you may come to an agreement with the CA and settle for less then the full amount.Just make sure it says something like "settled for less/considered PIF" so they don't come after you for the balance.
There's a sticky called State resources 4th one from the top, you can find your states SOL there or Google your states name + Statue of Limitations Hope this info helps.
In my state, it's 4 years and I'm 2.5 years from DOFD. So I'm still on the hook if I understand correctly.
Rule 5000, according to a credit counseling company I talked to, allows a creditor to reage an account in a debtor's favor. So, if you come to them and are willing and able to pay, the creditor can delete the delinquency and report the account as new after a specified number of payments have been made on schedule. So it's a do-over, basically; the creditor gets PIF and the deliquency gets dropped from your CR. What I don't know is if a creditor can do that once the account has been charged off.
I think I am understanding you saying they would delete if you pay, correct? Here in these parts we call that a Pay for Delete - or in some cases, if already paid, you can write a letter asking them to remove from the kindness of their hearts - which is referred to as a Goodwill Letter.
If they did PFD, I'd be delighted, but mostly what i want is to not get sued. I'm just afraid that if I call Discover and say "hey, I'm willing to pay. Can we do a payment plan because I can't pay all at once?" they'll say "No, we want it all now and we'll sue you." If they would agree to a Rule 5000 plan I'd be happy, too, but i don't know if they do that once it's charged off.
Re-aging an account would start the SOL over again.A Credit counseling co can not promise what a creditor will or will not do, only the creditor can agree to what they will do and what they will not do.
As long as the creditor is reporting correctly, the creditor doesn't have to change anything.
I would be very very careful talking with Credit counseling companies.The one that is the non-profit is the only one I would trust.
The others just take your all your money,lie to you,ruin you credit.Also they don't care if your FICO score tanks.
You can do the same thing, a Credit counseling company can do.
You said "you don't want to shoot yourself in the foot" I understand, you are very smart to come here at my FICO and understand how all of this works.I very proud of you wanting to pay this debt off. You said you are afraid to call to make payment, afraid they may answer with a summons to court. But if you don't call, they may start legal action anyway.
Let me understand correctly....
Beside this Discover CO, all other debt are either paid for or you are paying payments to the creditor, right?
So Discover debt is the last debt to pay. You said you don't have the funds to PIF. Do you have a downpayment to pay them? Do you know about how long it will take to pay off this debt?
I don't have any experience with a CO with Discover. I did a few searches for you, here's what is found....
Search for "Discover CO making payments"
Search for "paying Discover CO"
Instead of typing in CO use " charge off" or whatever comes to mind, You get the picture. The search function is very useful.
Read the stickys, old post and ask questions.Thats what we are here for.
Sorry for the long post, I'll let others chime in. Knowledge is Power!! Have fun reading!!
I have paid off everything else, and I have two new credit cards (low limit, but hey, it's a process, right?) that I'm charging small purchases like a tank of gas to and then paying off as soon as they post. Discover is the last one. And my FICO score is improving--from 570 six months ago to 630 now. I realize that still sucks, but at least it's trending in the right direction.
The original balance was $4500 and the current balance is $7000. I have a good job now and since I've paid off everything else I would be fine paying them $500 a month with a $500 downpayment. At $4500 that would be 8 months to PIF ($1k first month, $500 each month there after) and 12 months to PIF at $7000. To me that seems like a reasonable repayment schedule but I don't know what they think. I suppose if they sued me I could take a loan from my 401k and PIF but I'd rather not do that if possible.
I'm really leery of credit counseling because it just seems safer to me to deal with creditors directly and then I know exactly what's up.