Statute of Limitations for Unsecured Debt

Any debt you incur without providing your creditor with collateral is "unsecured." Medical debts, mortgage deficiencies, collection accounts and most credit card debts fall into this category. While unsecured creditors can seek legal recourse when recovering unsecured debts, they can only do so unhindered until the statute of limitations in the debtor's state expires. Statute of Limitations The statute of limitations is a time period after which a debtor can claim in court that the debt is question is too old to legally enforce. It does...

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How to Open a New Credit File

Getting credit without a credit file can be difficult. Lenders check your credit file each time you apply for credit. The better your record, the greater chance you have of getting credit. Use credit facilities wisely and you get financial freedom. If you are new to credit, or have just become a resident in the U.S., you need to open a new credit file. It is not difficult, but it takes a little time. Instructions 1 Pay utility and cell phone...

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How to Add Points to Your Credit Report

A credit report tracks a consumer's history of paying debt obligations. Based on your history, credit bureaus assign a credit score, which financial institutions use to determine your credit worthiness. A credit report dictates your ability to secure employement, purchase a vehicle and purchase a home. It's a big deal. Making simple positive changes to your credit behavior can add points to your score over time. Instructions 1 Focus on improving...

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How to Win at a Hearing for Judgment

After missing several credit card payments, a creditor may threaten to sue you in court and acquire a credit judgment against you. Paying the money owed is the best method to avoid a judgment, especially since the judgment can stay on your credit report for up to seven years. But if you don't owe the money or already paid the debt, you can win at a judgment hearing and avoid a tarnished credit file. Instructions 1 Show up in court. Missing...

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How to Skip Trace a Person

Skip tracing a person means tracking down the whereabouts of someone who sometimes doesn't know or care whether you're looking for him, but sometimes really doesn't want to be found --- usually because he owes a debt he doesn't intend to repay. However, it's becoming increasingly harder to hide in the modern world of Facebook and Twitter, as well as computerized databases that routinely track financial transactions, customer accounts, cell phone...

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How to Get a Second Chance When I Have Defaulted Student Loans

Defaulting on student loans results in severe consequences, including damage to your credit rating and an inability to obtain future loans. Receiving a second chance after default is possible, but you must take advantage of government programs that enable you to bring your loan out of default to qualify for new loans. Typically, a student loan enters default status 270 to 360 days after your first late payment, according to FinAid. Until you resolve the default with the lender, the lender can turn the debt over to a collection agency, sue you for...

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Can the State of Georgia Allow Credit Cards to Garnish Wages?

Under Georgia law, creditors can pursue civil lawsuits against residents who fail to pay their debts. If the creditor is successful in proving its case or if you fail to appear at the court hearing, a judgment will be entered against you. Once the judgment is in place, state law permits creditors to pursue additional collection remedies, including seizure of your bank account or garnishment of your wages. Wage Garnishment Process Once a creditor...

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Does Credit Counseling Help?

Advertisements on television, in the newspaper and on the radio often tout credit counseling as the panacea that can cure all of your financial woes. While credit counseling programs are beneficial for those whose debt management difficulties stem from a lack of organization and an inability to properly budget their income, these programs don't help everyone. How It Works Credit counseling agencies employ counselors that evaluate consumers'...

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Problems Surrounding Debit Card Fees

Debit cards work like credit cards, in that you can use a debit card to make a purchase or pay a bill as opposed to using cash or writing a check. However, debit cards use money from your bank or other account to fund the transaction, so you must have the funds available to use a debit card. Like credit cards, debit cards also typically come with fees as penalty for breaking some form of the debit card usage agreement. Those fees can create problems...

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Ways to Rebuild Your Credit Even With Repossession

When you fall behind on a loan and your creditor repossesses your property, this shows up on your credit report and lowers your score. New creditors will see the repossession on your credit history and will be far less likely to give you a new loan because of it. However, you can start rebuilding your credit score at any time even if you've had a repossession. Repossession It's difficult to know how much a repossession lowers your credit score, but in general any repossession will lower your score significantly and make it tougher to get...

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When Credit Card Debt Is Too Old, Is it Not Worth Paying?

You hold full legal responsibility for paying credit card debt you incur. Failing to do so can result in legal and financial consequences. If a creditor intends to use legal force to recover your defaulted credit card debt, however, it must do so within a given time frame. As credit card debt ages, the benefits of paying off the debt decrease along with the consequences of nonpayment. Statute of Limitations Credit card companies and collection...

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What Happens to a Mortgage When One Spouse Dies?

When a spouse passes away, her debt remains behind. It's important to understand how estates and debt work to avoid unpleasant surprises during a difficult time. Spouses who owned property together may become liable for mortgage payments when the other partner dies. You should make sure to discuss the possibility with your lender before signing your mortgage agreement. The Will The will is used in creating the deceased person's estate and can also be used to assign responsibility for a property, including the mortgages on the property....

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Can I Pay Off a Judgement Without Wage Garnishment?

If you owe debt to a creditor, he may obtain a judgment to make you pay. Creditors can use judgments to garnish your wages, seize your personal property or levy your bank account. However, you may be able to pay off a judgment without enduring the embarrassment of a wage garnishment or property seizure. Wage Garnishment Law Creditors can't garnish your wages without first obtaining permission from the court. In some states, creditors may...

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Missouri Wage Garnishment Laws for Local Taxes

Missouri wage garnishment laws may protect a resident from losing money to back local or state taxes, depending on the source of the resident's money. A local municipality or state agency may have a tough time garnishing a consumer's income if the income does not come directly from wages earned. Pursuing Wage Garnishment A local municipality attempting to pursue collection of back taxes in Missouri must obtain a court judgment to legally garnish the debtor's wages. This is different from the Internal Revenue Service, which does not need...

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Consumer Debt Myths

Borrowing is an essential component of the modern economy, but debts can lead to financial hardship. Managing debt and spending money responsibly are necessary to build wealth and enjoy a high standard of living in retirement. Many common misconceptions and myths are associated with consumer debt. If I Go Bankrupt I'll Lose Everything A common debt myth is that filing for bankruptcy causes you to lose everything you own. The bankruptcy code offers different options to filers, one of which is known as "liquidation," or Chapter 7. When you...

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How to Pay a Landline AT&T Bill Online

If you currently have AT&T home phone service, you can pay your bill online at any time of the day. AT&T's online payment service is safe and convenient to use; by completing a few steps, you can pay your landline AT&T bill in a timely manner. Instructions Registration Process 1 Go to the official AT&T website (Att.com) and locate the section entitled "Manage My Account" (on the right side of the page). Click on the link that...

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How Do I Know a Collection Agency Has the Authority to Settle on Behalf of the Original Creditor?

Being contacted by a collection agency about an old debt may catch you off guard, even if you know you owe the debt. Before you take the offer to settle the debt with the collection agency, make sure the collection agency has the authority to settle the debt on behalf of the original creditor; otherwise your money could be wasted. Collection Agencies A collection agency is not the original creditor to whom you owe money, but rather a third party that attempts to collect the debt. Sometimes the debt is still owned by the original creditor,...

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Can a Wife Be Responsible for a Husband's Debt After Marriage?

For a wife going through divorce, it can be stressful and scary to think about paying for a husband's debts after the marriage ends. Post-divorce responsibility for debts may depend on whether the liability is a joint debt or separate debt, as well as on the terms of the couple's divorce decree, judgment or settlement agreement. In addition, a family law court must follow the relevant state's laws when deciding issues of debt division. Debt Division...

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Disadvantages of Long-Term Financing

Borrowing money to finance a purchase includes factors for repayment that can shape your financial future. Choosing long-term financing means setting up installment payments that are lower than those for a shorter repayment plan. The benefits of lower payments come with some disadvantages as well. Weigh the relative merits of the terms available to you and decide if long-term financing makes the most sense. Higher Interest Rates The interest...

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The Difference Between a Car Loan & a Credit Card Loan

If you've ever bought a car, you know it's a major purchase and that you must pay back your loan every month to keep your vehicle. With a credit card, you are taking out a loan every time you use your credit card; the creditor pays for the purchase and expects you to pay it back. Defaulting on credit cards can seriously harm your credit even though the creditor cannot take your property if you do not pay. Type of Debt Car loans are secured debts. With a secured debt, the debt is backed by property; the lender can reclaim his property if...

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How to Make Debt Collectors Go Away

There are ways to make debt collectors go away -- but stopping debt collectors from contacting you and resolving the debt permanently are two different challenges. Debtors who simply ignore debt collectors could eventually receive a lawsuit. A debtor is forced to deal with a debt collector when that happens with often disastrous results. The best way to make a debt collector go away is by creating an overall strategy for eliminating the debt. Instructions 1 Consult with a consumer affairs attorney, if possible, to fully understand the consequences...

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Can an Assignee of a Creditor Sue in Texas?

At common law, rights under a contract can be freely assigned to a third party with some narrow exceptions that are inapplicable in most creditor/debtor relationships. An assignee is an individual to whom a creditor, or assignor, has transferred his rights and duties under the terms of an existing contract with the debtor. Credit card companies frequently sell or assign their delinquent or poorly performing accounts to third-party purchasers of bad debt, often for pennies on the dollar. Under Texas law, it is perfectly legal for an assignee of...

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Debt Reduction in Illinois

If you are in serious financial trouble, you likely need professional assistance to get out of debt. Some Illinois residents choose to renegotiate their debts privately or with the assistance of a qualified credit counselor. Others may opt to file for full or partial bankruptcy under federal bankruptcy laws. No matter which option you choose, you can have some type of credit counseling; this will help you plan your budget better in the future to avoid repeating such problems. Debt Negotiation You can try to settle your debts directly with...

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How Long Does a Foreclosure Stay on Your Record in California?

The impact of a home foreclosure on one's credit report or record is an interesting issue. Most would assume that it would result in a negative mark, trashing the credit record and resulting in bad credit for seven years, or so the rumor goes. However, no one really knows for sure since the company that actually produces the credit scores, Fair, Isaac and Company, is not willing to disclose the statistics. So how does one figure out the right answer for their situation, particularly in California? A little homework in understanding the credit score...

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If You Leave a Job Do They Have to Refile With Your New Employer for a Wage Garnishment?

If you are experiencing a wage garnishment through your current employer and you are leaving your job, you may be wondering what happens with your wage garnishment order. Depending on the type of job you transition to and the laws in your state, a new wage garnishment order may be required. Wage Garnishment A garnishment occurs when a creditor to whom you owe money gets a court order to collect money to satisfy your debt. Typically, the creditor...

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Apply by Phone Installment Loans

Installment loans are available for application by telephone for a variety of purchases. Traditional lenders such as banks and credit unions offer installment loans for automobiles, home electronics, and appliances -- and even for summer vacations. Terms of installment loans vary, but usually borrowers agree to payments for 12 to 60 months or even longer, depending on the purchase. Some high-risk lenders offer installment loans for shorter periods. Considerations Qualifications for installment loans by telephone are the same as for loans...

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The Best Ways to Consolidate Loans

Having several credit accounts with varying interest rates and due dates can complicate your finances. However, there is a way to simplify your financial situation. A loan consolidation involves applying for a new loan and using the funds from the new loan to pay off old loans. In the end, you'll have one loan and one monthly due date. And if you're able to obtain a lower, fixed rate, you'll save money on monthly payments. Debt Consolidation Loan Individuals with a good credit history and collateral may qualify for a debt consolidation...

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Consumer Lending Training

Consumer lending training is a function that should be experienced by loan officers, bank managers and other lending professionals. This training deals with evaluating a consumer's potential for receiving consumer loans such as automobile loans, home equity loans and other loan products. Significance Many banks, mortgage companies and credit unions provide consumer lending to their platform staff such as assistant branch managers, branch managers and loan officers. The time frame for consumer lending training can vary depending on the organization....

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Will Debit Consolidation Affect a Spouse's Credit?

Married couples facing debt problems sometimes look to debt consolidation loans as a possible solution. While a debt consolidation loan has an impact on your credit report and credit score, the impact it has on your spouse's credit depends on several factors. Debt consolidation loans should always be entered into with caution, and only after carefully considering the terms and possibilities. Credit Reports Your credit report is a collection...

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Can a Creditor Garnish Your Bank Account While in Bankruptcy?

Creditors and debt collectors use civil courts to obtain the right to garnish bank accounts for unpaid debts. Garnishment orders are among the most powerful weapons available to a creditor seeking to collect a debt. Banks quickly comply with garnishment orders, by allowing creditors full access to the debtors accounts. However, creditors cannot garnish a debtors account once the debtor is receiving protection under federal bankruptcy laws. Considerations Creditors seeking money from a debtor in bankruptcy must seek payment through federal...

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The Best Personal Loans for People With No Credit History

You can qualify for a personal loan even without a credit history. The lack of a credit history helps in one way: Being new to credit means you don't have any negative credit information to worry about, such as late payments or foreclosures. With none of that as a factor, all you have to do is convince a bank, credit union or other lending institution that you are worthy of credit as a first-time borrower. Secured Loans Secured installment loans are usually easy to qualify for because there is no risk for the bank. You guarantee the loan...

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How Do Landlords Report Late Rent to Credit Reports?

Overview Tenant Payments Landlords have several options when it comes to tenants who have not paid their rent. The first step is to have clear rules laid out as to when rent is due and what procedures will be followed if rent is not paid. All tenants should be made aware of these rules and what steps the landlord will take if they fail to make their rent payments on time. There is a legal process that should be followed in these...

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How Are Payment Arrangements Reported to Credit Bureaus?

When facing economic hardship, receiving constant calls from bill collectors can be stressful. Calls can be prevented if you communicate with the creditor or collections agency regarding how you plan to repay your debt. Making payment arrangements can help ease your frustration and simplify your payment schedule. However, not all companies report payment arrangements to the credit bureau identically. Terms of Arrangement Not all payment arrangements meet the minimum requirements of your creditor. A creditor may persuade you to set up an...

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What Is Proper Validation of Debt?

As of March 2010, American consumers collectively held an outstanding balance of $852 billion worth of credit card debt. As a consequence of the recession of the past couple of years, Fitch Ratings places the current rate of credit card defaults at 13 percent. In these tough times, it is in your best interest as a consumer to become knowledgeable about your rights regarding defaulted debt. The two laws that protect consumers from abusive debt...

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How do I Cancel an MBNA Credit Card?

MBNA credit cards used to be offered through MBNA bank. That company was purchased by the banking conglomerate, Bank of America. All payments and customer service for MBNA are handled by Bank of America representatives. If you still have an outstanding MBNA card, you can cancel that account through Bank of America; however, simply canceling the card will not relieve you of any remaining balance. You can cancel a credit line if you still have a balance,...

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