Credit Card Collection Cases in Pennsylvania

Credit Card collection lawsuits are rapidly increasing in Pennsylvania. The volume of phone calls and emails that I receive on this topic is astounding. What I have discovered is that many people do not know their rights or how to handle these situations. I can say with certainty that contacting a Consumer Attorney is a very good move.

Credit card lawsuits are instituted on the basis that you have failed to pay (defaulted) on a credit account. There are a number of issues that the credit card company has to prove in order to prevail in a collection lawsuit against you. The following is a brief summary of some of those issues.

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The credit card company first and foremost has to prove that you have established an account with them. This typically requires an agreement that is signed by you indicating that you requested an extension of credit or an account with the credit card company. As some credit applications are taken orally, the company must be able to prove that you requested an account by another means, perhaps by a recording of your phone application.

Credit Card Collection Cases in Pennsylvania

The next issue that they have to prove is that you agreed to certain terms and conditions, including rate of repayment and interest rate. This can again be done by means of a signed application or a recording of an oral application. The evidence must include proof that you agreed to those terms and that you agreed to pay a certain interest rate on the credit account.

Next, the credit card company must prove that you have made charges on the account. This may be accomplished by means of producing the monthly statements on your account.

Finally, the company must prove that you have failed to pay on the account as per your agreement (again, they must prove that you have defaulted). The date of the default is especially important, as they must bring the lawsuit against you within four (4) years of the date of the last default. This is what is referred to as the Statute of Limitations.

The credit card company can prevail on a collection case against you in Pennsylvania only if they can prove all of the foregoing. It is imperative that you respond in writing, preferably with the assistance of a good consumer attorney, when a credit card collection lawsuit is filed against you in Pennsylvania.

Credit Card Collection Cases in Pennsylvania

Greg Artim is a Consumer Attorney based in Pittsburgh, PA. He handles Lemon Law and Credit Card Defense matters in all of Pennsylvania. For more answers to your Pennsylvania Credit Card Law questions, please visit his website at Pennsylvania Credit Card Defense Attorney

Credit Card Charge-Off - What Does It Mean and What Should You Do About It?

Have you been told by a creditor that your debt is about to "charge-off"? Did the bill collector make it sound like you will be ruined financially if you allow this catastrophe to happen? If you're behind on your bills, unable to keep up with payments on your credit cards and other debts, sooner or later you will hear a creditor representative threaten you with the dreaded "charge-off." So what is a charge-off anyway? Should you be worried? What are the consequences of this mysterious event?

I'll start by explaining what a charge-off is NOT. Because the term includes the word "charge," many people mistakenly think it has to do with cancellation of the account by the creditor. In other words, you can't "charge" anything on your credit card anymore. But it's not the same thing at all, and most banks will revoke charging privileges around 2-3 months before the deadline we're talking about here.

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What banks and bill collectors call a "charge-off" is the point at which the creditor writes off the account balance as a "bad debt." It usually happens after six months of non-payment. After that, they no longer count it on their books as an asset. You still owe the money, of course. And they will certainly make continued attempts to collect it from you. But the creditor has been forced by the rules of accounting to zero out the debt on their financial ledgers. For causing this loss, they will punish you by placing a derogatory mark on your credit report. A "charge-off" is a serious negative mark, to be sure, but it is not the financial ruination that debt collectors would like to have you believe it is.

Credit Card Charge-Off - What Does It Mean and What Should You Do About It?

Should charge-offs be avoided if possible? Certainly. Does the prospect of a charge-off mean you should panic if you have no way to pay the bill? No! Is it the end of the world if the account has already charged off? No! Too often, bill collectors make a charge-off sound so bad, and they apply so much pressure, that people cave in and make payment commitments they cannot keep. Collectors usually demand payment via post-dated checks, and this frequently leads to bounced checks and even worse financial problems. Most of us are brainwashed by the banks and media on the subject of credit. Sure, good credit is important. But committing to payments you really can't afford just to preserve your credit is like watering the lawn while your house is burning down.

Here are a few simple rules to follow when trying to avoid a charge-off that hasn't happened yet:

* Don't be intimidated or threatened by pre-charge-off collection tactics. Keep a cool head and don't take it personally when collectors try to get under your skin.

* Call your creditor to find out the minimum payment necessary to avoid the charge-off, and subsequent payments to keep the account current going forward. Don't commit to this payment (or series of payments) unless you're sure you can follow through.

* Negotiate a lump-sum settlement at 50% or less if you have the resources, or a workout plan for monthly payments that you can live with.

* Do not allow bill collectors to talk you into using post-dated checks, or providing your checking account details over the telephone. Instead, make payments via cashier's check or money order.

* Do not make payments based on a verbal arrangement. Get the deal in writing and signed by a creditor representative who has authority to approve the workout plan.

What should you do if you simply don't have the money to rescue the account from charge-off, or if the account has already been charged off by the creditor?

* Take a deep breath and relax; the sky won't fall on your head just because you had a charge-off.

* Realize that you still have an opportunity to resolve the matter by dealing with the original creditor or the collection agency assigned to the account.

* Negotiate a lump-sum settlement with the creditor or collection agency. Again, aim for 50% or less, and ask for the charge-off to be deleted from your credit report as a condition of the settlement. (Most creditors will not agree to this, but it's worth asking anyway. Do be sure that they will update your credit report to show that the matter has been resolved and the account has been satisfied.)

* If you can't work out a deal with the collection agency assigned to your account, then wait until it goes to another agency! Eventually, it will either be assigned or sold to an outfit that you can deal with to get the matter cleared up.

To sum up, a charge-off is not the end of the world. It should certainly be avoided if possible, but not at the risk of making things worse by committing to payments you're not sure you can keep up with. Just remember that the creditor doesn't want to see a charge-off any more than you do, so use that knowledge to your advantage in working out a mutually acceptable arrangement. Get everything in writing, don't disclose your checking account details, and follow up to make sure the creditor reports the matter correctly on your credit report. You'll find that it's easier than you think to resolve a charge-off situation before it happens, or clean it up if it's already taken place.

Credit Card Charge-Off - What Does It Mean and What Should You Do About It?

Charles J. Phelan has been helping consumers become debt-free without bankruptcy since 1997. A former senior executive with one of the nation's largest debt settlement firms, he is the author of the Debt Elimination Success Seminar™, a five-hour audio-CD course that teaches consumers how to choose between debt program options based on their financial situation. The course focuses on comprehensive instruction in do-it-yourself debt negotiation & settlement designed to save ,000s. Personal coaching and follow-up support is included. Achieves the same results as professional firms for a tiny fraction of the cost. http://www.zipdebt.com

Credit Card Collection Agencies Secrets

Have you ever wondered why collection agencies keep calling you more often? There are numerous situations that credit collectors use to get the money you owe.

But let's start from the beginning when you get your credit card. Obviously everyone knows that you need to pay your credit card on time. However, situation is not always the same when it comes repaying your credit card debt.

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Once you are late on your credit card, Credit Card Company will alert you and give you a chance to work with them to pay off your debt. This is the best chance ever, if you credit card company is willing to work with you. In most cases you will receive late notices and your credit score will start to take a hit. If you are one day late on your credit card payment, your credit card company will report this late as 30 days late on your credit report. Afterwards; you may receive another notice to call their credit department to help you out with your situation or work out some re-payment plan.

Credit Card Collection Agencies Secrets

If there is no action from you or credit card Company, your unpaid balance may end up in collector's hands. Collections agencies are commission based most of the time. They have pre-arranged profit negotiations with credit card companies and typically credit card companies will take 40%-60% from your balance you own. If collector is able to collect more from you, they keep larger chuck of the profit for themselves.

Credit card companies are very serious about privacy of their data and most of the time dictate how your information should be transferred before collector can view your name, address, SSN number, etc.. Some of the top requests are SSL (Secure Server Locket), 128 bit encryption, FTP encryption and password, etc. With all of this and more, there are few credit collection agencies that spend money on more sophisticated software as it is very costly for them.

Once your data is opened or extracted from credit card company list, collection agencies use their own scoring model to determine how quickly you are able to repay your debt if they call you. They look into your credit score, how many tradeline you have, balances, late payment if any and so on. Upon all the data, their own credit scoring model will give them number as how quickly you are able to repay your debt.

But did you ever wonder why they keep calling you more and more? Collection agencies will more likely call more those will higher credit scores than those will lower credit score. If you have a good credit score, you are a high candidate for a repayment or settlement. You are more likely to settle than someone with lower credits score. However, if you have good credit score, collection agency will settle around 40% of the balance, as you owe them 60%. When someone with low credit score and same balance may be able to settle at 60%, as they will owe them 40%.

If you have a good credit score, you are more willing to maintain your credit rating. Collection agency knows this and offers you only around 40% settlement as well as they will call you more often to collect.

Once you have a low credit score, collection agency will try to reach you few times but eventually gives up on you for a few months as they know that you will not repay it back quickly for them to claim a profit.

Most financial professionals will tell you that maintaining your credit score is very important, however collection companies exploit that and use it against you. Yes, they are willing to even settle at 60%, but they will not do it as they will loose their profit. This is a game with numbers and profits.

If you have a good credit and fall behind, work with your credit card credit department and make sure they will not turn your unpaid balance to collection agencies, otherwise you will face numerous phone calls for a credit you build so well.

Credit Card Collection Agencies Secrets

Martin Lukac represents RateTake Refinance marketplace. RateTake matches consumers with multiple lenders offering low rates. Got too much credit debt? Get Debt Relief and you'd be surprised what we can do together.

Secured Credit Cards - How Much Will a Secured Credit Card Boost My Credit Score?

Secured credit cards for bad credit are equivalent to getting a new start on re-establishing credit. The amount of the credit limit someone receives is usually equal to the amount of money they deposit into their account. These cards are great for being able to rent a car, and make purchases, but are they really effective for boosting credit scores?

The answer to that question is actually yes and no. Obtaining a secured card alone will not make a drastic change as far as boosting your credit score in the short term. On the other hand, if you make payments on time and maintain a low balance, you will notice a significant change in your credit score. The key relies on your ability to be discipline.

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The amount of points your credit score rises also depends on the amount of your initial deposit. The more money deposited into the bank account of the secured card provider, the better it will reflect to the credit bureaus. Since the majority of secured cards do not report to the credit bureaus as secured, bigger deposits give the appearance of being more granted credit.

Secured Credit Cards - How Much Will a Secured Credit Card Boost My Credit Score?

Another determining factor is the length of time a secured card has been opened. A card has to show at least six months of on time payments to begin to have some real weight with creditors. Mortgage brokers and other big purchase lenders are looking for at least 2 years of good on time payments and also a low balance on the cards. A consumer can achieve great increases in credit scores if they can maintain these guidelines.

Some consumers that are serious about re-establishing their credit by utilizing bad credit secured credit cards have experience increases from 20 to 50 points. These results can vary for each individual and is can only happen if there are not any additional negative items being added to the credit profile.

When attempting to re-establish credit history, it is important to track the progress of your efforts. A good way to track progress is by utilizing a credit monitoring company. These companies can notify you when there are changes to your credit profile and also alarm you when new items appear. This can go a long way in letting you know what is working from what is not working.

Bad credit is a situation that unfortunately many people have to go through everyday. The good news is that there a ways to remedy the situation and get a second chance. Bad credit secure credit cards are definitely effective in helping consumers get that new start. The level of effectiveness these cards can generate is totally up to the discipline of the consumer.

Secured Credit Cards - How Much Will a Secured Credit Card Boost My Credit Score?

Getting a secured card is a good beginning to improving your credit score, the first step however must start with getting a copy of your free credit scores and report.

Financial Problems Solutions

CAUSES OF FINANCIAL PROBLEMS

Going by the recent data, over one and half of every family of the World are going through monetary difficulties. This includes people from all works of life. Most people have financial difficulties, but don't know how they came about. For us to be aware of the financial problems we have to know what causes them, a person must tutor him/herself to knowing the reasons for the difficulties. Listed below are various reasons most people knowingly or unknowingly get themselves involved in financial difficulty.

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A. FAILURE TO IMBIBE SCRIPTURAL PRINCIPLES.

Financial Problems Solutions

The Bible is full of guiding principle regarding financial principles. In truth, one and half of all parables and one out of six verses in the New Testament deal with stewardship. Get your Bible out and begin to study. Ask your pastor for more information. See a Christian Financial Counselor for assistance. You will find great guidelines and principles in the Word of God.

B. FAILURE TO DISCOVER YOUR PRIORITIES.

Just exactly what do you want? More things or better financial stability? Prioritize your desires and needs and stick to it.

C. LACK OF DISCIPLINE!

Just this one horrible word causes us more harm than anything else in the world. We need to exercise discipline in every phase of our life, particularly when it comes to discipline! Discipline yourself to limit needless purchases and wasting money. Discipline yourself to set down once per month to analyze your finances. Discipline will be the greatest thing you can establish in your life. Work diligently with disciplining yourself.

D. FAILURE TO SET GOALS.

A person who has no goal is a person without direction. A person without direction is going...nowhere! To solve your financial problems, you have to establish a clear goal. Where do you want to be one year from now; five years from now, etc.? Write your goal down and work toward it. 3. NO CONTROLS. This compares to discipline, however, it means to have written controls over your spending. Write down what your limits are. Review them frequently.

E. FAILURE TO SET A BUDGET.

Budget is not a nervous breakdown on paper. It is a clear cut guideline of where your money comes from and how it is to be spent. It only takes about 1 hour per month to maintain a budget so that you can control the process of knowing where your money is and how it is spent. Don't negate the importance of a written budget...it will be the greatest factor in helping you get your finances under control.

F. UNABLE TO CONTROL IMPULSIVE SPENDING.

If you don't follow the direction of your budget and discipline yourself, you will be unable to stop spending when you see that item that you just must have. Don't spend any unnecessary money until you discuss it with someone. You must control your spending if you ever hope to get ahead financially.

G. FAILURE TO IDENTIFY NEEDS AND WANTS.

We all have desires. When we go shopping sometimes our desires override our needs. We need to identify what is really necessary to purchase and what can be put off until the finances are in better order. Again, it doesn't hurt to write down the necessary items that you must purchase so that you will constantly be aware of how you can spend your money.

H. FAILURE TO ADJUST YOUR LIFESTYLE.

We live in a society that promotes "keeping up with the Jones'". Too often that process gets us in trouble because we over extend ourselves in order to gain and accumulate in order to impress others. We must learn to adjust our lifestyle so we can live within the means of our income.

I. FAILURE TO RESIST CREDIT BUYING.

It is so easy to get credit cards today. In fact, many people get pre-approved applications in the mail each month. The reason credit card companies promote their credit card is because it is much easier to spend if you have credit cards, and they know it. The facts are a person will spend over 30% more if they have a credit card. Establish limits to your spending and stay within that boundary so you don't get caught in the horrible trap.

J. FAILURE TO RECOGNIZE WRONG COUNSEL.

You can get any type advice you want from anyone you talk to. But the facts are when you need financial help you should talk to people who are in that business. There are many financial advisors, accountants, bankers, etc., who are willing to assist anyone who seeks help. Talk to the right people and you will get the right advice.

K. FAILURE TO BE ACCOUNTABLE TO GOD.

We are guilty of thinking that God is not concerned about our finances. But remember, God has made you a manager of your possessions. You are responsible for managing them in the correct and proper manner and if you don't then God may not can trust your with more. Pray about your financial decisions. Read the Bible...there are hundreds of scriptures that give sound principles for financial help. You are accountable to God for everything you have, and that includes your finances.

M. FAILURE TO SAVE.

Those gifts you received at the wedding shower won't last a lifetime! You are always going to have "a rainy day". There will be emergencies when you least expect them. Because of that, you must plan and prepare by saving. Not only will you have to replace items, but there are many reasons to save. You will have medical emergencies; kids will need braces; you may want to take a vacation; the kids will need college funds; retirement will not be an option one day. These are only a few reasons you must save. Establish a consistent plan of saving and stick with it.

N. FAILURE TO EXECUTE A WILL.

Everyone needs a will, but very few have executed one. It is so important to have a will that clearly establish wishes and desire of the parties executing one. If you don't have a will, then you allow the State to make your plans for you. It can also cost your heirs additional legal fees and estate taxes. At your earliest convenience, contact your attorney to draw us a will. You will have a peace of mind and will help your heirs considerably.

O. FAILURE TO BALANCE INVESTMENTS.

There is an old saying that goes like this: "Don't put all your eggs into one basket." There is a need to diversify your investment portfolio. Discuss various type investments with those who know about them and invest accordingly.

P. INVESTING IN SPECULATIVE INTERESTS.

There are many "quick, get rich schemes available to the investor. In addition there are high risk ventures that may pay high interest rates, but are risky. Most people can't afford to lose their investment, so don't fall for these type investments.

Q. FAILURE TO COMMUNICATE WITH YOUR SPOUSE.

This can cause great difficulty, not only in the area of financial means, but also in the marriage. Discuss your investments and financial decisions with your spouse. Let him/her know what you have done and who can be contacted if necessary.

R. FAILURE TO MAINTAIN PROPER RECORDS.

One of the saddest stories I have every heard was with the lady who came to my office after the death and burial of her husband. He had left her well off financially, but had failed to inform her where important documents were. He had kept it all to himself, and several years later, she has still not been able to find all the papers she needed for financial decisions.

S. FAILURE TO 'STICK WITH IT'.

Too often we become lax and fail to keep up with what it necessary to stay out of financial difficulty. Don't quit! Don't get weary in well doing! Stay with your plan until you see the end result.

T. FAILURE TO MAINTAIN THE DESIRE.

You must be able to see the end result of your plan and without that desire your dream will fade away. You can be financially secure and free from debt and worries. Don't lose sight of the anticipation of being free of financial worries. Let your desires remain high and work together to see the results.

Financial Problems Solutions

Credit Card Debt Statute Of Limitation - What You Should Know

Each state has a statute of limitations on old credit card debts. The statute of limitations refers to the period after which, creditors cannot sue you to collect the debt. The length of time is calculated from your last payment date or last activity date (this is when you last used the card).

Refer to the old debts statute of limitations chart, which details the statute of limitations by Oral Contracts, Promissory Notes, Written Contracts and Open-Ended Accounts. Note that the transient nature of state legislature requires you to verify the statute of limitations period with your State Attorney’s office. For more information go to http://www.naag.org.

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In the past 10 years, a growing trend has ensued, where aggressive debt collectors buy old debt accounts and actively pursue consumers to collect the debt, even though the statute of limitations has past. They purchase these accounts for pennies and hope that you will pay up. Even if, you pay on the account - they make a good profit.

Credit Card Debt Statute Of Limitation - What You Should Know

This is a violation of the Fair Debt Collections Practices Act. Some creditors even lie and say that the statute of limitations starts from the day that they purchased the debt account. These companies are so bold that some of them will threaten to sue you and in fact proceed with the court case – don’t give in. Others will harass you day and night, use profanity or promise to erase negative marks off your credit repot, if you send in a minimal payment.

If you find yourself in this situation here are a few tips on what to do:

Credit Card Debt Statute Of Limitation - What You Should Know

The author is the owner of the information-rich website http://www.poorcreditgenie.com - a "Drudge Report" of credit. The website offers free advice on how to rebuild credit and manage debt. The site also features numerous articles and news stories on credit reports, credit cards and bankruptcy.

Various Functions of a Credit Card

Today, credit cards have many functions and are very versatile. They can be summarized into the following functions:

Credit

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The holder may obtain extended credit up to an agreed limit at a published interest rate.

Various Functions of a Credit Card

Charge

The holder can repay the whole amount at the end of the month, without charge provided no cash advance has been taken.

Cash

On presentation at the appropriate banks, subject to check, cash can be obtained. In most cases can also be used in ATMs to obtain cash.

Cheque guarantee

A cheque drawn on a bank may be guaranteed up to a published limit provided it is accompanied by a Cheque Guarantee Card (or in some cases a Visa or Mastercard card) issued by the bank on which it is drawn.

Cheque encashment

Cheque guaranteed as above may be used to obtain cash from branches of most banks, although a charge may be levied in certain circumstances.

International

If the card is a member of Visa International or Mastercard International, you can use your card at many countries where there are a lot banks who are members of them.

Perhaps the most significant fact to emerge from the summary of card functions is that strictly speaking, they are not debit cards. Although they can be used to obtain cash via ATM, the debit will be made from the credit card account and not from the holder's bank account.

The credit cards discussed above are bank cards. Different bank cards have different card functions. The functions of bank cards really depend on the individual bank itself. Some bank card may have all of the above functions and some may not.

There other credit cards that are issued by retail stores such as Petrol Card, Quasi Card and Private Label Card which may have some of the above functions mentioned above.

Various Functions of a Credit Card

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Unsecured Credit Cards After Bankruptcy

Unsecured credit cards after bankruptcy are often very difficult to get. This is because bankruptcy leaves a big stain on one's credit rating. Card companies are not willing to trust people who have declared bankruptcy. But, that certainly means you can't get one.

The best way to get an unsecured credit card after bankruptcy is to look for credit card lenders that specialize in giving out cards for people with poor credit. Some of the major card companies do have these types of cards and there are a lot of smaller companies found online that will offer cards to people with bad credit if you apply online from their websites.

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You have to understand one thing though if you have declared bankruptcy. You will never get the best deals from card companies until your credit is fixed up again. Any sort of card you come with high interest rates and additional fees or restrictions.

Unsecured Credit Cards After Bankruptcy

But, restrictions or not, it's still necessary for you to get a credit card after bankruptcy, because using one can be one of the best ways to repair your credit history fast.

Now, if you cannot qualify for one of these poor credit credit cards, than you can always go to your bank and give a deposit for a secured credit card. The deposit you give will be the "limit" of the card. These cards are very useful because you can use it like a normal card and rebuild your credit with them. It's better to get an unsecured credit card after bankruptcy than a secured one, but if you have no choice than you need to take what you can get.

Unsecured Credit Cards After Bankruptcy

Getting unsecured credit cards after bankruptcy is going to be hard. In fact, you will find it tough trying to get any credit cards after bankruptcy. But keep on trying and you will get one of these cards, eventually. Once you do, you can begin the process of rebuilding your credit history.

Chase BP Visa Credit Card

If you buy gas from BP gas stations, you should be using the Chase BP Visa Rewards Credit Card. You could be saving up to 10% on purchases made at participating BP gas stations! You could also be saving money almost everywhere else that you shop.

The 10% in rebates does only apply to the first 2 billing cycles/months. During that 2 month introductory period, the Chase BP Visa Credit Card can also save you 4% on eligible travel and dining purchases and 2% rebates on other purchases.

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After the 2 month introductory period, the rebates are cut in half. So you would get 5% on BP purchases, 2% on dining & travel and 1% on all other eligible purchases. Get out a calculator and estimate how much you would save each month.

Chase BP Visa Credit Card

One exception is that purchases made at competing gas stations are not eligible for rebates with this credit card. With some discipline you could limit yourself to just buying BP gas. You could also get a different rewards credit card for non-BP gas purchases.

Once you accumulate at least in rebates, you decide how and when to redeem your reward. Redeem for your choice of:

oA BP Gift Card

oA check made payable to you

oA donation to The Conservation Fund, an environmental charity

There is also no limit to the number of rebates that you can earn. So you could use the Chase BP Visa Rewards Card almost everywhere you shop and save hundreds or even thousands of dollars. Plus the card has no annual fee! As an added bonus there is a 0% APR for the first 6 months on purchases and balance transfers.

This credit card is a must have for anyone who regularly buys gas at BP gas stations. Gas prices are at an all time high. Fight back with the Chase BP Visa Rewards Card. Apply today.

Chase BP Visa Credit Card

Fill out a BP credit card application at GasolineCreditCards.net Apply for a gas credit card online today and start saving. Also click for more cash back credit card applications.