I am in default . They want a default payment of X dollars on a certain date and another payment the following week. This will be an excess of over 1K. I do not have the money. They say, without payment may result in my membership privileges being revoked. I have a checking account with direct deposit. What money comes in goes out with a auto deduct for car loan.(From them). Also a savings account with 10 bucks in it. My Question , what privileges would I lose? Sometimes my wife goes there and writes a check for cash. Of course we write checks for bills etc. We also get a little interest an the accounts. PS: The card is in my name not my wife.
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Start getting your monthly income checks deposited to a different bank or have them mail them to you. Stop using that account. Abandon that sinking credit union account-- if you can't afford to pay them, then you shouldn't make any further payments to them. There's no sense in throwing good money away on something you can't pay.
Then weigh your options. Do some research on this forum, and talk to a few bankruptcy attorneys. If bankruptcy is the right solution for you, then file for bankruptcy when the time is right. I have to wait for quite awhile before I can file, but after I get past the "look back" period, I'm to file for bankruptcy myself.The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter.
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If you speak directly with Soc Sec, you can get the Dir Dep changed over real quick.
My Mom moved her accts when we moved. While we were at the Bank, the Bank Officer/Rep that was assisting us got on the phone to Soc Sec for Mom. She explained who she was then handed the phone to Mom who spoke with the Soc Sec rep. When they finished their chat, Mom handed the phone back to the Bank rep, who gave Soc Sec Mom's new acct info and some other stuff. That was around the 10th of the month. The very next Soc Sec deposit went right to the new bank. It went really quick and very smooth too.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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A CU can apply a balance in checking/savings to an amount owed for a credit card or any other debt. Your membership agreement most likely states that all accounts are cross - collateralized. (Or something like that!)
One thing-they might apply car payments to the credit card, putting your car loan into default. I'm not sure if they CAN but its something to be aware of as a possibility.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.
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Originally posted by StaciMMA CU can apply a balance in checking/savings to an amount owed for a credit card or any other debt. Your membership agreement most likely states that all accounts are cross - collateralized. (Or something like that!)
One thing-they might apply car payments to the credit card, putting your car loan into default. I'm not sure if they CAN but its something to be aware of as a possibility.
In addition to these contract rights, we may also have rights under a "statutory lien." A "lien" on property is a creditor's right to obtain ownership of the property in the event a debtor defaults on a debt. A "statutory lien" is one created by federal or state statute. If federal or state law provides us with a statutory lien, then we are authorized to apply, without prior notice, your shares and dividends to any debt you owe us, in accord with the statutory lien.
Neither our contract rights nor rights under a statutory lien apply to this account if: (a) it is an Individual Retirement Account or other tax-deferred retirement account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), (c) the debtor's right of withdrawal arises only in a representative capacity, or (d) the debt is created by a home equity loan. We will not be liable for the dishonor of any check or draft when the dishonor occurs because we charge and deduct an amount you owe us from your account. You agree to hold us harmless from any claim arising as a result of our exercise of our right to repayment.
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