QUESTION

Would bankruptcy be my best option, if I wanted to also clear the rest of my credit report?

Asked on Apr 09th, 2013 on Bankruptcy - Michigan
More details to this question:
In 2008 I took out a few payday loans that I honestly forgot about, and have recently (probably around February) began receiving phone calls about these checks - people threatening to have a unit come pick me up and etc. unless I was able to reach an agreement with whatever agency held the account. I have no idea how many of these cases are open. Is there any way for me to find out how many cases are open and/or pending? I have paid off a few, and have recently made arrangements to pay two off over the course of some pay periods. I also believe that some of these are bad check cases, due to the fact that I have closed two bank accounts, and perhaps the payday loans were assigned to those accounts.
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9 ANSWERS

Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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If you qualify for chapter 7 bankruptcy, it sounds like a good option before you pay any of them back. Checking account deficiencies can be discharged, as well. If you need an Austin bankruptcy lawyer, most give free consultations.
Answered on Apr 16th, 2013 at 1:33 AM

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Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
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It definitely sounds like filing bankruptcy might be a great option for you. The old payday loans can completely be discharged. You should set up a free consultation with a good bankruptcy lawyer to discuss your options more fully.
Answered on Apr 11th, 2013 at 12:37 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Bankruptcy is an option.. contact a bankruptcy attorney.
Answered on Apr 11th, 2013 at 12:37 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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The answer to this question can only be obtained after a full analysis of your financial situation. How much do you earn? How much do you owe? What assets do you own? If answer to these questions suggest that settlement or credit consolidation is not practical and you qualify for bankruptcy discharge of all or majority of your debts then chapter 7 could be the right thing for you. If you have considerable non-dischargeable debt and can't work out a payment plan then chapter 13 may be right for you. If you have no income, no assets then you are judgment proof, you could be sued but there is nothing to take, and you can afford to do nothing. Just generally speaking, if all that is owed are a bunch of pay day loans, lawsuits against the borrower are highly unlikely in these cases. The amounts borrowed rarely justify the expense of filing a lawsuit and payday loans typically don't bother to try to collect by going to court. They are however notorious for aggressively pursuing voluntary collections and harassing borrowers and breaking federal fair debt collection laws and local state laws regarding collections. You could consult with an attorney who handles debt collection law violation cases. They can instruct you on how to build the case against creditors if they violate the laws. These cases are filed on a contingency fee basis with attorney fees paid by the defendant if the defendant loses the case. You as the plaintiff can also get up to $1,000 after proving damages. If you do nothing, and no lawsuit is filed by the creditor against you, the bad credit history should be removed from the credit report in 7 years from the time of your last payment OR if/when you verify owing the debt in writing (something to be avoided). Hope this helps.
Answered on Apr 10th, 2013 at 8:54 PM

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You need to ask them in writing for a validation of the debt.
Answered on Apr 10th, 2013 at 12:21 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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If you want to find out who has sued you, you can do a search of the local court records. Many courts now post all lawsuits online, but there are two levels of courts in Las Vegas, Justice Court for smaller debts, and District Courts for larger debts. You may be able to obtain more information by reviewing your credit report, but payday lenders seldom report to the credit bureaus. When these debt collectors call, ask them to send you written validation that you do owe the debts.
Answered on Apr 10th, 2013 at 12:20 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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There is a lot more information that is required in order to advise you about bankruptcy.
Answered on Apr 10th, 2013 at 12:19 PM

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Debt Collection Attorney serving Chicago, IL
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1. If these are internet loans by unlicensed lenders, they are probably not enforceable obligations. Only 1 or 2 internet lenders are licensed. 2. Do not declare bankruptcy because of such loans. It is pointless. 3. You cannot be "picked up" for not repaying a loan. Bad check laws do not apply to unpaid loans. Persons that make such threats are not legitimate debt collectors. Report them to law enforcement: Federal Trade Commission, Attorney General, Consumer Financial Protection Bureau. 4. Do not furnish bank info to such collectors. If you have, rescind the debit authority in writing to both the collector and your bank, advise your bank that your account info has been compromised (it has been), and get a new account. 5. Have a consumer attorney review the communications and loans to see if you can recover damages. The loans and calls are illegal; question is whether there is anyone to find, serve and collect from.
Answered on Apr 10th, 2013 at 12:19 PM

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Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
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Yes, you can file a Chapter 7 on all these types of debts. Do your best to get all the creditor addresses.
Answered on Apr 10th, 2013 at 12:17 PM

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