One more question on 70/90 day issue

[RickInMich]

Hi,

I believe my last charge was September 5, and our last cash advance was mid-August. If we file the first week of November, we'll be past the 70-day mark for advances, but not the 90-day mark on charges. I think it would be 60 days on that.

My question is, what are the ramifications of filing before the 90 days on those charges? I'm not sure how to ask this. In other words, I know if you wait 90 days, the burden is on the CC company to prove "something." I guess I'm not even sure. I assume it's to prove you had no intent on paying for your charges. So if that's true, would any objection then be just for the 30 days in August? Or, because it's not past 90 days, does that then open up the CC company to object to everything?

I hope that makes sense. If we absolutely have to, we could wait until the beginning of December, but it's getting tough. I will miss all of the November payments, and I'm trying to stay current to help salvage a little bit on my credit report.

Thanks in advance.

Rick

[JollyGG]

How much did you charge in September, and what was it on.

If it was a relatively small amount (under $600) and for necessities you should be fine.

[RickInMich]

There were two charges and one return in September. The two charges were cell phones (we have no land line) for 70.49 and one for 4.99 for a web hosting company that I didn't cancel in time to avoid that one-time fee.

But my bigger question is for all the August charges since they, too, would be in the 90-day period if we file first week of November. They are:

Various food places 99.00
Various Gas 106.55
Tivo 12.95
Cable/Internet 110.00
Various Groceries 76.74
Card shop 19.00
Mail.com 34.95
Value City 228.58 (bunk bed mattress)
Dentist 158.00
Other small charges

Total for August and those two in Sept: 927.48

The thing is, we were pretty much charging our living expenses at that time since we didn't decide to file until the first week in September. I could live with having to pay back the 927.48, but my question was more along the lines of is that the worst that could happen, or would they fight the entire balance because we would file only 60 days after the last charge?

Thanks again.

Rick

[lrprn]

Check with your lawyer, of course, but these are all legitimate living expenses that for the most part are easily verified. If the lender is one of the "big boys", I'm thinking it would cost them more to object to the $1000 or so than they could get back from you paying it off. Let us know what your lawyer says, ok?

[Boscoe]

Rick - I am highly doubting that anyone will object to these charges for 2 reasons:

1) They are all legitimate expenses, i.e. no vacations, cars, gambling, fancy dinners, etc.

2) You made a couple of payments on them, showing good faith effort to repay. People get in trouble when they charge or take a cash advance and then never ever make even 1 payment. Try to make at least 2 and I very much doubt you will have any issues.

And you are smart to try to limit the "lates" that will show on your credit, as best you can.

Good luck......