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.