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Hello myFICO Community,
A couple of years ago I made the mistake of financing a car and ended up falling behind on payments. Eventually the car was repossessed and I wasn't able secure the funds to get the car back. Fast foward the car was sold at auction last year and the lender is after me for the deficency balance of $13,071.65.
Recently I recieved a settlement offer from the lender. They are willing to accept 5,228.66 as the settlement amount and will report the account as "Charged Off - Settled in Full for Less Than Balance" to the credit bureau.
My credit is already kinda shot atm from some other delinquent accounts but this is my biggest debt. So I was wondering if this is a good idea??? I don't want the bank to garnish my wages.
@Anonymous wrote:Hello myFICO Community,
A couple of years ago I made the mistake of financing a car and ended up falling behind on payments. Eventually the car was repossessed and I wasn't able secure the funds to get the car back. Fast foward the car was sold at auction last year and the lender is after me for the deficency balance of $13,071.65.
Recently I recieved a settlement offer from the lender. They are willing to accept 5,228.66 as the settlement amount and will report the account as "Charged Off - Settled in Full for Less Than Balance" to the credit bureau.
My credit is already kinda shot atm from some other delinquent accounts but this is my biggest debt. So I was wondering if this is a good idea??? I don't want the bank to garnish my wages.
Welcome to MyFico
Whether you settle or not won't affect your credit score as the chargeoff will be there regardless. If you can afford the settlement then I would seriously consider taking the offer. While it's not certain, it's entirely possible that they file suit, get a judgment and attach your wages. If that happens, they'll come after the entire amount.
@Anonymous wrote:
@Anonymous wrote:Hello myFICO Community,
A couple of years ago I made the mistake of financing a car and ended up falling behind on payments. Eventually the car was repossessed and I wasn't able secure the funds to get the car back. Fast foward the car was sold at auction last year and the lender is after me for the deficency balance of $13,071.65.
Recently I recieved a settlement offer from the lender. They are willing to accept 5,228.66 as the settlement amount and will report the account as "Charged Off - Settled in Full for Less Than Balance" to the credit bureau.
My credit is already kinda shot atm from some other delinquent accounts but this is my biggest debt. So I was wondering if this is a good idea??? I don't want the bank to garnish my wages.
Welcome to MyFico
Whether you settle or not won't affect your credit score as the chargeoff will be there regardless. If you can afford the settlement then I would seriously consider taking the offer. While it's not certain, it's entirely possible that they file suit, get a judgment and attach your wages. If that happens, they'll come after the entire amount.
Thnx for the response.
That is what I was thinking, go for the settlement to avoid the garnishment. I am in New York and creditors are pretty quick to garnish wages here.
Wow! - what kind of car did you have that would have created a 13k variance from your loan to actual value.
Regarding your situation - you could always try laying low until the statute of limitations runs out since they have to serve you and get a judgement against you to garnish your wages. (don't answer your door!)
@Anonymous wrote:Wow! - what kind of car did you have that would have created a 13k variance from your loan to actual value.
Regarding your situation - you could always try laying low until the statute of limitations runs out since they have to serve you and get a judgement against you to garnish your wages. (don't answer your door!)
I got ripped off as a uninformed consumer. The car was only worth about $13k but it was sold to me for $16k plus I paid for dealership warranty which was like $3500.
Funny thing is that the stealership was selling the car for $18k and the salesman told me he was doing me a favor by lowering it to $16k.
But anyway I ended up taking out a loan for 20k on a car only worth 13k(bad idea).
I would have ended up paying $25k in total over the course of the loan(72 months) due to interest.
So ultimately I would of paid $25k for a car only worth $13k.
Technically I wasn't supposed to qualify for the loan but the dealership "helped me" by lying to the bank about my income.
While the post does not state specifically when SOL expires or when credit report exclusion occurs, I concur that paying the debt, if you can, is desirable, as it is always good to have no unpaid, delinquent debt. It could always come back to haunt at an unexpected time, such as when applying for a mortgage loan or other significatnt amount of credit where they are likely to ask for disclosure of any unpaid, delinquent debt.
The only suggestion I would offer is that, if possible, attempt to get their agreement only to report paid, and not add the addtiional, and optional, special comment of settled for less. The addition of the optional special comment informs others who review your credit report that the lendor took an loss in having extended the credit, even though it was settled. Absent that special comment, your credit report would appear the same as if you had paid in full.
It wont affect your score, but will look much better in any manual review, as any repetition of your past pattern will result in a loss if they lend to you. It could, in and of itself, be a reason for denial of new credit.
@RobertEG wrote:While the post does not state specifically when SOL expires or when credit report exclusion occurs, I concur that paying the debt, if you can, is desirable, as it is always good to have no unpaid, delinquent debt. It could always come back to haunt at an unexpected time, such as when applying for a mortgage loan or other significatnt amount of credit where they are likely to ask for disclosure of any unpaid, delinquent debt.
The only suggestion I would offer is that, if possible, attempt to get their agreement only to report paid, and not add the addtiional, and optional, special comment of settled for less. The addition of the optional special comment informs others who review your credit report that the lendor took an loss in having extended the credit, even though it was settled. Absent that special comment, your credit report would appear the same as if you had paid in full.
It wont affect your score, but will look much better in any manual review, as any repetition of your past pattern will result in a loss if they lend to you. It could, in and of itself, be a reason for denial of new credit.
Lol I tried what you suggested but they wouldn't budge. They said the balance would have to be 0.