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"Can A Credit Card Company Sue You" Discussion

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Upsolve Community Member

If I am late on payments on 2 credit cards both equal to almost 10,000 .. the reason I stoped paying was because the interest was to High can they start garnishing my wages or sue me ? What’s the best way to go about this interest is 24 percent

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Upsolve Community Member
Hello Zyra, First you will need to determine https://upsolve.org/learn/should-i-file-for-chapter-7-bankruptcy/ your financial situation. Here's a 10-Step Guide on how to prepare for bankruptcy and get a fresh start: https://upsolve.org/learn/how-to-file-bankruptcy/ Please continue to ask any questions. Upsolve is here to help.

Upsolve Community Member
Zyra, I think the article https://upsolve.org/learn/can-credit-company-sue-me/ can help answer some of your questions, in addition to the articles that Erin suggested. Let us know if you have any more questions! We're happy to help!

Upsolve Community Member
Please let us know if you have any other questions! 

Upsolve Community Member

I am currently being sued by a credit card company. How do I answer the question "When did you get the debt?" as the debt accumulated over time?

Community Replies:

Upsolve Community Member
Hi Thomas! Thanks for your question! This article might help: https://help.upsolve.org/hc/en-us/articles/4407780171287-What-do-I-list-as-the-date-a-debt-was-incurred-

Upsolve Community Member

Is receiving a letter from a credit card company that is requesting payment, considered a lawsuit?

Community Replies:

Upsolve Community Member
Thanks for asking! It depends on the contents of the letter- you might find some of our information on lawsuits in our free upsolve.org/learn helpful! 

Upsolve Community Member
Hi Lalane, (Note: I am not an attorney) The Learning Center link is broken but Claire's answer is the right one. If the letter arrived via USPS mail and is simply requesting payment, then (most likely) NO but if it is a formal document, "Credit card company vs. Your Name", then (most likely) YES. Once you file Chapter 7 bankruptcy, the Automatic Stay will go into effect and you should not be bothered. https://upsolve.org/learn/what-is-automatic-stay-bankruptcy/

Upsolve Community Member

How do I find the correct address to list on forms for credit card company to sent bankruptcy info.

Community Replies:

Upsolve Community Member
Hi Michael, thanks so much for your question! In general, a user can find their creditors' addresses by looking at bills, calling the creditor, or checking their credit report. Searching online sometimes helps, too!

Upsolve Community Member

How can I tell if a debt is secured or unsecured?

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Community Replies:

Upsolve Community Member
Secured means it's connected to property and unsecured means it's not 

Upsolve Community Member
A car is often a secured debt, and a credit card is often an unsecured debt 

Upsolve Community Member
Does this help? https://upsolve.org/learn/what-is-secured-debt-in-bankruptcy/

Upsolve Community Member
You should also read the fine print in the loan documents. Credit Unions will often connect a personal loan to a car loan, so the personal loan and car loan will be secured with the car loan vehicle. Basically, your collateral for one loan can sometimes "cross over" and work as collateral for other loans you took out with the same company. (On the other hand, if you have a car loan with one company and a credit card with another unrelated company the collateral (car) won't cross over.) This article has some info on cross-collateralization: https://upsolve.org/learn/credit-unions-and-bankruptcy/

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