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Recent Posts in Credit Cards Category

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Recent Credit Card Charges and Cash Advances in Bankruptcy

Most debts are discharged—legally, permanently written off—if you file a consumer bankruptcy case. But there are some exceptions. In today's blog post I address one kind of debt that ...
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Can Stores Enforce Their Credit Card Security Agreements in California

In a recent blog post I addressed the question, "Can Stores Repossess What You Bought with the Store Card?" The basic answer was that they can if their store credit card contract gave them a ...
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Can Stores Repossess What You Bought With The Store Card?

Do Credit Card and “Store Card” Creditors Have a Right to Repossess What You Bought on Those Cards After You File Bankruptcy? A few months ago I wrote about “ Reaffirming Personal ...
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Can The Bank Take Money From My Account to Pay What I Owe Them?

Your financial institution can take your money on deposit because of its right of setoff. WHAT IS A SETOFF ? When you think of money being grabbed out of somebody's checking or savings account, ...
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What is the Statute of Limitations for Debt in California?

IN CALIFORNIA HOW LONG IS THE STATUTE OF LIMITATION ON A DEBT? That simple question has a rather simple answer: 4 years on a claim for breach of a written contract. That's plainly stated in ...
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How Does the Statute of Limitations Work for Debt?

To start it helps to understand the purpose behind statutes of limitations. They are policy decisions by state legislatures intended to limit how long a person or business can pursue someone in court ...
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Can a Tax Refund Be Taken for Military Star Card

If you are in default on your military star card then the Internal Revenue Service may take your tax refund to pay off your debt. As part of the Treasury Offset Program, your tax refund can be taken ...
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Four Potential Steps to Take in California against a Creditor Violating Fair Debt Collection Law

My last blog post was about what creditors and collection agents are allowed and are not allowed to do under the federal and California Fair Debt Collection Practices Acts. There is no doubt that some ...
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What Are the Ways that Creditors and Collection Agents May, and May NOT, Contact You in California?

WHAT DOES THE "FAIR DEBT COLLECTION PRACTICES ACT" SAY ABOUT THIS? To start, there are both a federal Fair Debt Collection Practices Act (FDCPA) and a California one (CFDCPA). They both ...
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What to Do If You Receive An "Order to Appear for Examination"?

WHY WOULD I GET AN "ORDER TO APPEAR FOR EXAMINATION" FROM A CREDITOR? You could get served with such a court order after a creditor sued you and got a judgment against you. Once a creditor ...
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What Stops a Creditor from Making Me Pay after My Bankruptcy is Finished?

WHAT IS THE LEGAL BASIS FOR PREVENTING A CREDITOR FROM CHASING ME ONCE THE BANKRUPTCY IS DONE? This question assumes that you complete your case successfully, that is, you receive a ...
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Can A Credit Card Put A Lien on My Home?

If you own a home, and have fallen behind on your credit cards or other unsecured debts you may be worried about what these creditors can do to collect on the debt. In many states, including ...
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Can The Bank Take My Money to Pay My Debt? The Right of Set-Off

If you have money in a bank account and you owe that same bank money on a credit card, loan or other type of debt, then the bank may have a right to take your funds. The "Right of Set Off" ...
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Can You Discharge Recent Purchases and Cash Advances?

If you file bankruptcy not long after you've made certain kinds of "luxury purchases" and cash advances, those debts might not be discharged (written off). But this risk can be avoided. ...
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Will Bankruptcy Ruin My Credit?

Bankruptcy Does Not Ruin Your Credit The greatest myth being perpetuated by credit card companies and creditors is that bankruptcy will ruin your credit. Creditors have managed to create a myth that ...
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Do I Still Owe A Debt That Has Been Charged-Off?

The charge-off of a debt is not what it may seem. It is an accounting and tax term that does not change your continuing legal obligation to pay the debt. In fact a charge-off is often an indication ...
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How to Respond To A Credit Card Lawsuit in California?

If you are behind on your credit card payments, then there is a possibility that a creditor will eventually serve you with a summons and complaint to collect on the debt. The key factor is not to ...
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What Can I Do If I am Being Sued By a Creditor?

Do NOT follow the normal temptation to just toss those lawsuit papers on your heaping pile of overdue bills and then try to forget about them. That's what the creditor hopes you'll do. There are ...
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Do You Qualify to File Chapter 7 or Chapter 13?

As you start thinking about filing bankruptcy, you might be quite clear about wanting to file a "straight" Chapter 7 bankruptcy or instead a Chapter 13 "adjustment of debts." Sometimes the choice ...
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How Long Do I Have to Respond to the Lawsuit from My Credit Card?

Failure to make payments on your credit cards or personal loans can result in a creditor filing a lawsuit to collect on the money owed. After the creditor files the case in court, he will serve you ...
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How Much Debt Do I Need to File for Bankruptcy?

There is a common myth that you need to be at least $10,000 in debt or more to file for bankruptcy. Nothing in the bankruptcy code specifies that you need a minimum amount of debt to file for ...
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Business Debts Can Help You File Chapter 7 Bankruptcy

Chapter 7 bankruptcy, can provide a real solution to current or previous business owners who incurred significant business debt in building their business and continuing to operate their business. ...
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Should I Withdraw Money From My Retirement to Pay Creditors?

When your facing harassing and abusive creditor calls and you do not have enough income to pay creditors it can get extremely overwhelming and frustrating. You will inevitably look to whatever options ...
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Preventing Bankruptcy through Financial Education

One of the key factors missing in our educational system is financial education. We teach our children how to add, subtract, divide, multiply, etc. but no where do we show them how to apply these ...
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Judgment Proof and Bankruptcy

There are some individuals that because of their income and assets may not need to file for bankruptcy. Bankruptcy is a tool that can help individuals with income and assets, avoid creditor seizure ...
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