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I dont know where to start

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Smarty0103
Established Member

I dont know where to start

First things first, I am considering chapter 7 bankruptcy because I simply dont know what else to do.

 

Here is a snippet of my situation:

 

I have about 13 bad accounts on my credit report which include 2 judgments (credit cards), 5 charge offs, and 6 collections totalling 9,143.  

 

The only open account I have right now is a car loan from a horrible buy here pay here but I am current on it (17k)

 

Before I got on this forum I thought I had to wait 7 years for them to fall off my credit so I have done nothing but wait. But recently after discovering this site, I found otherwise.

 

I plan on getting a secured credit card from Navy Federal next week. 

 

My debts range from 2007 to 2012. 

 

Would you just try GW/PFD letters for all of them? What about the judgments? Do i need to wait a certain amount of time before I can do anything about any of them? 

 

Should I just file BK? 

 

--brokeandconfused

 

Message 1 of 6
5 REPLIES 5
llecs
Moderator Emeritus

Re: I dont know where to start

Welcome to the forums!

I'd suggest reading the following:

Common Abbreviations

Credit Scoring 101 - great for knowing what is in your credit score and to see how your score is impacted.

What Steps Do I Take - great for learning the repair process.

and Example letters - PFDs, GWs, DVs, etc.

 

IMO, you aren't in a bad place. $9kwhatever might seem scary, but it isn't too bad. I came on here with over $25k in bad debt with collections crawling all over me, but BK never entered my mind. I found through my experience (and through others here) that most of your creditors won't sue. Some will, and did in your example, but the only time you should consider BK is if you need to protect your job/business income from being garnished. And they can only garnish if sued already. And those that sue don't always garnish.

 

The first thing you'd want to do is find out the statute of limitations for your state and the SOL for each debt. For example in some states the SOL on loans is longer than the SOL on a CC (considered an open acct). Definitely read your state's laws or google SOL for your state. There are a lot of websites that list SOL, but much of their data is wrong since state laws can change all the time. Certainly debts from last year would be in SOL. It's unlikely your debts from 2007 are within SOL. So definitely track that out. Don't worry about debts outside of SOL for the time being. Focus on the ones inside SOL and take steps to save up the money to have the ability to pay them off in one payment.

 

GWs are for paid baddies. If you have any CAs reporting as paid, then definitely mail them GWs asking for a deletion. If you have any paid OC accounts like old charge-offs or accounts showing lates, then you cna send a GW for that. For any OC account, keep the age of the account in mind. If your oldest or among your oldest accounts, even if a negative, a GW could result in a deletion and under some situations that can drop your score. For the time being I do recommend leaving older paid OC accounts alone.

 

PFDs are for unpaid accounts. If you have 100% of the debt saved up, then definitely consider sending a PFD. You don't need to offer 100% in the PFD, and can always settle, but always have 100% saved up. You wouldn't want them to reject your settlement offer and sue for 100% instead. You'd want that cushion.

 

Finally, draw a line in the sand. Make sure you are financially in a position to where there will be no more baddies created in 2013 and beyond. You wouldn't want to use money that should have been for other bills to cover back bills. Otherwise it'll be a revolving door with added baddies each year, if you know what I mean. Get stable first, then repair.

 

Is anything happening with the two judgments per collecting on it? (e.g. garnishments?)

 

 

 

 

Message 2 of 6
Smarty0103
Established Member

Re: I dont know where to start

Ok thanks for that information. All of the SOL are so confusing. I am in Florida so I have been trying to read about them but I am so overwhelmed. 

 

So I should attack the newest debts? I dont have any paid baddies so I guess GW's wont work for me. I am getting together contacts for my PFD's. I can handle that part. My only concern is the judgments. One is from 2010 and the other from 2012. I am so confused as to how to handle these. Do i have to wait a certain period of time? Should I do the pfd and ask for them to vacate the judgment after I pay? Right now I am not being garnished or anything yet. They just look ugly on my report. 

 

I work as a paralegal so I am familiar with court pleadings/petitions etc but I havent dealt with debt directly. 

 

I am so ready to handle all of this. I havent lived on credit for atleast 3 years and I just want my score back up. Am I on the right track as far as how to get my score up?

 

This site has me up all night reading, I am so addicted.

Message 3 of 6
NewbieReed
Frequent Contributor

Re: I dont know where to start


@llecs wrote:

Welcome to the forums!

I'd suggest reading the following:

Common Abbreviations

Credit Scoring 101 - great for knowing what is in your credit score and to see how your score is impacted.

What Steps Do I Take - great for learning the repair process.

and Example letters - PFDs, GWs, DVs, etc.

 

IMO, you aren't in a bad place. $9kwhatever might seem scary, but it isn't too bad. I came on here with over $25k in bad debt with collections crawling all over me, but BK never entered my mind. I found through my experience (and through others here) that most of your creditors won't sue. Some will, and did in your example, but the only time you should consider BK is if you need to protect your job/business income from being garnished. And they can only garnish if sued already. And those that sue don't always garnish.

 

The first thing you'd want to do is find out the statute of limitations for your state and the SOL for each debt. For example in some states the SOL on loans is longer than the SOL on a CC (considered an open acct). Definitely read your state's laws or google SOL for your state. There are a lot of websites that list SOL, but much of their data is wrong since state laws can change all the time. Certainly debts from last year would be in SOL. It's unlikely your debts from 2007 are within SOL. So definitely track that out. Don't worry about debts outside of SOL for the time being. Focus on the ones inside SOL and take steps to save up the money to have the ability to pay them off in one payment.

 

GWs are for paid baddies. If you have any CAs reporting as paid, then definitely mail them GWs asking for a deletion. If you have any paid OC accounts like old charge-offs or accounts showing lates, then you cna send a GW for that. For any OC account, keep the age of the account in mind. If your oldest or among your oldest accounts, even if a negative, a GW could result in a deletion and under some situations that can drop your score. For the time being I do recommend leaving older paid OC accounts alone.

 

PFDs are for unpaid accounts. If you have 100% of the debt saved up, then definitely consider sending a PFD. You don't need to offer 100% in the PFD, and can always settle, but always have 100% saved up. You wouldn't want them to reject your settlement offer and sue for 100% instead. You'd want that cushion.

 

Finally, draw a line in the sand. Make sure you are financially in a position to where there will be no more baddies created in 2013 and beyond. You wouldn't want to use money that should have been for other bills to cover back bills. Otherwise it'll be a revolving door with added baddies each year, if you know what I mean. Get stable first, then repair.

 

Is anything happening with the two judgments per collecting on it? (e.g. garnishments?)

 

 

 

 


+1  Ilecs! I came on here with almost 90K in debt from me & DH (good TLs w/ perfect history AND bad collections/charge offs). We are now down to 60K (including a new car loan). With our anticipated settlement with 2 CAs, in 6 months, we should be down to 20K in debt -- ALL GOOD no collections or charges offs! Bankruptcy didnt cross my mind after i read thru these forums. U can clean it up!

Had 15 flagged accounts on my report - baddies. Now I am down to 4 baddies and NONE were "Age-offs".

Had 10 flagged accounts on DH's CR - baddies. Now he is down to 3 and NONE were "age-offs".

Its possible.

Do the NFCU secured card route and be religious with those GWs/ PFDs/ disputes afte rresearch, etc. U can do it!

Starting Score: 526 EXP 09/2012 600 FICO 10/2012 608 EX (lenderpull)11/2012
Current Score: 705 FICO TU (10/2014)Take the FICO Fitness Challenge
Message 4 of 6
llecs
Moderator Emeritus

Re: I dont know where to start


@Smarty0103 wrote:

Ok thanks for that information. All of the SOL are so confusing. I am in Florida so I have been trying to read about them but I am so overwhelmed. 

 

So I should attack the newest debts? I dont have any paid baddies so I guess GW's wont work for me. I am getting together contacts for my PFD's. I can handle that part. My only concern is the judgments. One is from 2010 and the other from 2012. I am so confused as to how to handle these. Do i have to wait a certain period of time? Should I do the pfd and ask for them to vacate the judgment after I pay? Right now I am not being garnished or anything yet. They just look ugly on my report. 

 

I work as a paralegal so I am familiar with court pleadings/petitions etc but I havent dealt with debt directly. 

 

I am so ready to handle all of this. I havent lived on credit for atleast 3 years and I just want my score back up. Am I on the right track as far as how to get my score up?

 

This site has me up all night reading, I am so addicted.


I checked a couple of sites and SOL in FL is 5 yrs for written contracts and 4 yrs for CCs. Definitely check FL's laws to be sure. The SOL clock starts at the DOFD of the DOFD. DOFD is the date you first went late on the account and never recovered again. If you pull your full report from Equifax.com or annualcreditreport.com (assuming it's on EQ) you can actually find the DOFD date. EX and TU do not list that date but they'll list the est. drop off date if you pull the full reports via annualcreditreport or purchase directly from the respective websites. You can subtract 7-7.5 yrs from the est. drop off date to get an estimated DOFD. And of course look through your own paperwork to confirm that DOFD date...it's basically 30 days following the last bill you paid on time. In some states SOL can reset with things like moving, going to prison, making a payment on a bad debt, and even making a promise to pay a debt. Definitely read your state's laws on that.

 

I would go after the newest. These are more likely to take extreme collection efforts, like suing. These are also likely hurting your FICO the most.

 

Some had success in paying the debt and then asking for it to be vacated. If a baddie is reporting, like the OC or CA, then a PFD is the step to take and then asking for it to be vacated later.

 

Message 5 of 6
Smarty0103
Established Member

Re: I dont know where to start

Okay. One of the judgments is from Capital One which I hear is a stickler... that sucks. But I will give it a try. I wish I wouldve done this years ago! I just thought I had to wait the 7 years *smacks forehead*! Thanks so much for all of your help! You have no idea how much this will change my life!

Message 6 of 6
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