Since we live in a credit culture, we have
to
reside in a debt culture too. And in case you use credit to buy, then
it only means that you are in debt. But simple debt is not a problem,
its excess debt. Not being able to manage your debt is an extension of
not being able to manage your personal finances. It can lead to many
health as well as marital difficulties. It's important to learn how to
control your debt, and in case it is already out of control, what to do
to survive the situation.
Consumers are generally unaware of their
risks
with their unpaid debts. A creditor can sue you in court and if he is
able to win a judgment, the creditor can take your garnish your wages
or come & get your property. But usually this does not happen.
It
is too much of an effort for them to take any kind of action against
you. What usually happens is that your creditor will go to a junk debt
buyer who will buy and sell debts and then place them into million
dollar packages. These packages sell on Wall Street, very much like a
secondary mortgage market.
At times, consumers may feel intimidated by
their
debts which are overwhelming. They feel that they can do nothing other
than file a bankruptcy. Consumers believe that collection agencies will
come & seize their property. But for these actions to take
place,
the creditor needs to first go to court. Due to this lack of
information, many consumers turn quite prematurely to bankruptcy.
Bankruptcy should never be used until all the options have been
exhausted, as well as the settlement procedures. You can get out of
your debts by settling or by filing a bankruptcy. You may even try debt
validation.
Before you try to settle a debt, do check
the
statute of limitations first. Remember that collectors are bound by a
certain amount of time in which they can sue you for payments. So
determine if the statute of limitations which is there for collecting a
debt in your state is still there or it has past. In case your debt is
older than the existing statute of limitations, the original creditor
or the assigned collection agency cannot take you to the court to get a
judgment.
After seven years, a negative mark and the
related
collections will disappear from your credit report. If any debt has
gone unpaid for 7 years, then it cannot remain on your credit report.
You can always challenge this listing on your credit report and it will
have to come off. The amount of time any late payment can remain on
your credit report is irrespective of the statute of limitations.
If you are in serious you should consider to
work
towards your debt consolidation loans, also don't forget to try to
apply for a no fee credit card deals to try to save as much money as
possible.
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