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This is the way it works in California, your states laws may vary.

It depends on the amount owed and your debt to income ratio. There are debt councilors available in every state, most consultations are free or sliding scale. They can tell you what the collectors are allowed to take and even advise you if you should do a debt consolidation, or for a fee have the debt adjusted and a percentage written off by the creditor. They will handle this for you, you will pay them a small fee every month and the amount needed to pay the creditors. This does effect your credit, but usually not as badly as not paying them at all, if that is how you are now situated, because the amount is negotiated. The councilor will be able to advise you what amounts each creditor is usually willing to deduct.

If you go this route you must pay the agreed amount every month or the creditor will take you to court and he will sue for the full amount plus interest and any fees including those from going to court.

Another option is to call the creditors, explain your situation and work out an informal agreement. Possibly they can stop tacking on late fees or high interest every month, as long as you send the agreed amount by a certain day. If for any reason the agreed amount can't be paid by the date due, call and let them know. The creditors are human too, they understand the situation millions of people are in right now and have been for months.
Any amount you can send is better than sending none, usually.

If whatever amount you can send is not enough to start chipping away at the principle of the loan, so the balance isn't higher and higher every month, you may need to file bankruptcy. This too will effect your credit in a negative way and it remains on your credit for several years. But if there is just no other way, sometimes it is what we have to do. The credit adviser will also advise you if this is your best option.

You have the right not to be harassed at home and work, you have the right to be talked to in a respectful manner and never verbally attacked. Anytime you call a creditor, get the name of the person who you are speaking to, first! If you find one to be particularly helpful find out if you can call this person directly in the future.
Good luck I hope things get better for you.

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15y ago

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