Stopping Lawsuits, Garnishments and Bank Levies

When a person doesn’t earn enough money to cover his or her expenses, life can be stressful enough. Unfortunately, this financial stress can become overwhelming when one or more of an individual’s creditors threaten to take legal action to collect money from a debtor.

For example, credit card companies and medical providers often bring civil lawsuits against debtors who do not pay their bills. Once a creditor obtains a judgment against a debtor, the creditor can begin garnishing the debtor’s wages or seizing money the debtor has in his or her bank accounts. This can have serious negative consequences for some debtors, who may not be able to afford to put food on the table or pay their monthly rent if all of the money in their bank account is suddenly seized.

Fortunately, bankruptcy can offer relief for people who are being threatened with lawsuits, garnishments or bank levies by creditors. Once a person files a bankruptcy petition, an automatic stay goes into effect. The automatic stay prohibits creditors from taking any further action to collect debts from the petitioner for the duration of the bankruptcy proceeding. As a result, creditors must immediately stop from garnishing a person’s wages or seizing his or her bank accounts.

In addition to stopping wage garnishments and bank levies, the automatic stay can benefit debtors in many other ways, such as by delaying evictions or utility shut-offs, stopping repossessions and can even be used to prevent a home foreclosure in certain circumstances. If you have questions about whether the automatic stay could help you, contact a local bankruptcy attorney.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Americans Are Reducing Credit Card Debt

According to TransUnion, a credit bureau, consumer credit card debt in the U.S. has decreased to $4,699 per borrower. This represents a 5% decrease since the second quarter of 2010, and is near a 10 year low. The decrease is considered positive news for the struggling economy. Additionally, the number of borrowers who were at least 90 days late with their credit card payments decreased 0.6% over the same period. This represents a 17 year low.

The decrease in credit card debt can be attributed to both lenders and borrowers. Lenders have decreased debt by writing off debt that has become uncollectible, closing bad accounts, and reducing credit offered to risky borrowers. Consumers have also been responsible for decreasing credit card debt by making their payments. From the first quarter of 2009 to the first quarter of 2010, Americans made $72 billion more in payments on their credit cards than purchases. That is comparable to $86.6 billion in write offs by lenders.

DailyFinance.com offers five tips to get out of credit card debt. First, track your income and spending. It is important to make a budget for 30 or 60 days to find money you can use to pay off your debt. Second, keep track of the details. Use online calculators to find out how much an extra few hundred dollars in payment will make. If you come in under budget for the month use the extra money to pay off debt. Third, contact your lenders to see if they will reduce your interest rate. Fourth, start with the highest interest rate card and pay off your debt in order of interest rate. Finally, when you get out of debt put the money used to make payments in a savings account. You should save enough money to cover three months of expenses, so an emergency does not put you back into debt.

 

 

Source:

Laura Rowley, U.S. Consumers Pay Down Their Credit Card Debts, https://www.dailyfinance.com/2011/08/17/u-s-credit-card-debt-declines/ (accessed August 24, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Consequences Of Not Paying Credit Card Bills

Consequences Of Not Paying Credit Card Bills

  • Cardholders can contact the credit card company first if they know they will be late making payments. Companies are more likely to work out a payment plan if contacted by the cardholder. Additionally, cardholders should not ignore calls from creditors. It is a good idea to explain the situation and negotiate a payment plan.
  • 60 days delinquent: Credit card companies will pass the account to a collections department. Collection will become more aggressive and the lender will report the delinquency to a credit reporting company, if they have not already done so. Cardholder will likely have to pay a penalty, but may still be able to negotiate a payment plan.
  • 90 days delinquent: Credit card company will likely close the account and become even more aggressive in pursuing collection. Late fees and interest will accumulate. Cardholder can agree to a payment plan to restore the account.
  • Charge-off status: Credit card company will write the debt off as uncollectible, report status to credit reporting company, and may sell the account to a debt collector. Cardholder can negotiate a payment plan or settlement. If possible, it may be more beneficial to negotiate with original creditor. The settlement should be in writing and settle the account in full.
  • Court: The credit card company or debt collector can sue to collect the debt. If they win, a judgment could allow them to garnish wages or seize assets to cover the debt. Cardholders should appear in court if sued, otherwise the creditor will win by default.

 

 

Source:

Janna Herron, What If You Stop Paying Your Credit Cards?, https://today.msnbc.msn.com/id/43690720/ns/today-money/ (accessed July 31, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →