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Balance remaining;closed account- Can they sue?

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brown
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Subject: Balance remaining;closed account- Can they sue?
 
Posted on Thu Jun 25, 2009 8:38 am  

I had an Amex card that I closed. The remaining balance is $1000. It was last reported as 30 days late with penalty charges. I requested them to remove it but they did not. Finally I disputed with the bureaus as "not mine" and it was removed from the report.

Now my question is can they sue me and garnish my bank account? Is it possible to set up a payment plan with them? Thanks for any advice.
rachael



Joined: 11 May 2009
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Posts: 244



6581 Magic Points

 
Posted on Thu Jun 25, 2009 10:34 am  

Hi brown,


Generally, the credit bureaus will not remove a account that has a balance remaining. I think in your case, when the credit bureaus removed the credit accounts from your report, the credit card company may not have reported that it had balance remaining. But I am very sure that Amex will report to the credit bureaus (the next time they review your records). It is very likely that the accounts will reappear on your credit report as "Closed" with a remaining balance and late fees. This will have a negative impact on your credit records

The next time you apply for credit, creditors will think that the accounts were closed by the card company, because you defaulted on payments many times ( i.e you have not used the account responsibly). In that case, creditors will not find you worthy of credit, and may not approve your credit application.

To get out of this situation, you can contact Amex and request them to accept the payments. If you pay them a lump sum amount they may accept it. You can come to a written agreement that they will not report to the credit bureaus in future, about any payments made for the accounts in question. Whether the card company will accept your proposal, will depend on your ability to convince them.
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