Thursday, July 29, 2010

I need legal advice about collection activity?

I am unable to pay a bill due to being unemployed. They are threatening legal action, what can i do?I need legal advice about collection activity?
It depends on what the bill is. If its a note on your car or something like that, lenders will sometimes work with you if you contact them, because it saves them the expense of repossessing the property and reselling it. If its a doctor bill or something of a similar nature, again the best course is usually to contact the creditor and explain the situation. If its a debt owed to the government, that's sadly the worst situation of all because there you have interest and penalties piling up during the whole time you cant pay the bill, besides which the government is generally among the most unsympathetic creditors out there when it comes to inability to pay. A legal action is usually a creditors last resort after all other recourse has failed. If you contact them, something might still be possible. The alternative is to consider a bankruptcy action, depending on your circumstance. If you are insolvent, defined as being unable to meet your obligations as they come due, a bankruptcy action can be the answer. The rules have greatly changed, though, the courts usually require some sort of credit counseling as a part of the discharge, but it could be an option for you.I need legal advice about collection activity?
get a lawyer - and now
Not much. You can instruct them to stop calling you but that does not halt any reporting to the credit agencies, or them from taking legal action, just stops them calling you. If you go to court you might be able to explain your situation to the judge and get a favorable judgment (you still would have to pay), which is better than not going and getting a default judgment against you.

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