Wednesday, February 29, 2012
The Craft of Choosing a Reliable Debt Negotiation Company
A debt negotiation service is one of those services that are taken not to spend money but to save it. There are not many companies that offer this service and many of them may not be able to help you too. Before choosing such a service it is very important that you know what means by debt consolidation negotiation is and what are the other way possible. You should always remember that the solution would be different for different people based on his financial condition and debt condition. The major ways out are debt consolidation, debt reduction through negotiation and bankruptcy.
While choosing a debt consolidation service provider it is essential to trust experience and not inexperience. It is always better if you can get some about from someone known to you. This will be the best about but even if you do not get the refer to, you can simply choose a company who offers guarantee of debt reduction and charge you only when they are able to combine your debt in a way that you are monthly or overall burden is released. For the purpose they can negotiate with one of the lender who has a lesser rate of interest or even ask you to take an unsecured loan from a provider at a lower rate and pay all your debt up.
There are some companies, which work as an agent of the loan provider, and thus you have to be sure that you are not stepping into a trap. The fees should also not be exorbitantly high and you need to pay the higher part when you are actually befitted from a service received. It is required to seek security of your money because if you take special care you may get into more debt.
The Crucial Role Played By Best Debt Settlement Companies
It is not without any concrete reasons that people are getting more inclined to take help of best debt settlement companies. It is these companies that literally take out a person of financial troubles. The added advantage in availing their services can be seen in a different way. For instance, besides contributing to a great amount of savings, they make the entire process really speedy and fast.
Just because you are able to save your monthly payments, does not mean availing services of best debt settlement companies is without any risk whatsoever. Experts of this industry suggest that you should always exercise caution while dealing with them. One prudent approach is to make a homework beforehand. This will play a leading role in preventing you falling into the world of scams and shams..
There are many ways in which debt consolidation companies can mislead you. For instance, they can charge hundreds of dollar on the pretext of "admin Fee". Not only this, there are some who can go to the extent of charging monthly service fee. Investigations have revealed, while they do not forget to impose monthly payment obligations on you, they hardly make payments to creditors. However, the crucial role played by debt consolidation companies cannot be over ruled. Their role acquires a tremendous importance at a time when the consumer debt seems to be spiraling out of control. A recently concluded market study has thrown the spot light once again to one of the disturbing trend observed among consumers. It has found that 'consumer debts' has touched an All-Time High in the economy.
Tuesday, February 28, 2012
Government Help for Single Mothers
Single Mothers have many options available to them in which they can go for help and aid. For example, government help is a great place for divorced mothers that are struggling to go to. Single mothers have many burdens on their hands, like a job or maybe two, their children, personal obligation, and obviously things covering a divorce. These situations can be hard for a mother to handle on her own, and just for situations like these, the government is available to help.
There are many places that single mothers can go to for government assistance
For example, the most basic place to go, Child Support Services. This type of help varies from state to state, usually by the counties. They are helpful in finding and enforcing full law order and custody of the child. This way your children will receive what they are entitled to receive.
There are many other types of government help for single mothers available. Is you are not using the child support services, then you can try for a program called families first. This provides some food stamps, medical care, and a weekly or monthly check of money to help you meet a bare minimum earning for you family. This money does not have to be paid back to the government.
If bills are becoming your main issue, there is government help for single mothers for that too. The DHS (department of human services) provides help for you and your family through food stamps and other things. The DHS also has many other opportunities as well, such as, housing and other things all depending on your income.
Another helpful type of government assistance program that you can use is one called the energy assistance. This is a type of fund that helps to pay bills such as utility bills. This can really help in the cold winter days and nights. If you are finding that paying for electricity, water or gas bills are becoming a burden for you and your family, try contacting an energy assistance program near you.
Your child's school is also a great place to look. If you talk to the secretaries, they may have some information regarding more government help for you and your child.
Other than that, just remember to be on the looking for the government help for single mothers that is widely available for you and your kids. These will really help you stabilize your life.
Monday, February 27, 2012
Debt Relief - What Happens After A Debt Is Charged Off?
Having a "charged off debt" does not mean you no longer owe the debt. Instead, it refers to the fact that the creditor who originally issued the credit -- whomever it was that you borrowed from -- has decided that the debt is uncollectable and has written off the debt.
This doesn't mean you have received some gracious "loan forgiveness." No, it means that this creditor believes he cannot collect the debt. This will not prevent him from selling the debt to a collection agency which will shift into high gear to find you and do its best to convince you to pay them to settle this outstanding debt.
It is, indeed, the contact from collection agencies, then, which sets most people into motion to conduct the Internet search to understand their rights when one of their debts has been thus charged off.
A competent attorney can help guide you along the route of restoring this situation.
If you want to understand what happens next, you will need a little background.
The last payment made on a debt starts the clock on when it needs to get collected. Your state's SOL -- Statute Of Limitations -- generally starts ticking at this point. In many states the time a debt is considered "enforceable" is five years; in some its shorter, in many it's longer. Once the debt has gotten past this point of no return, then courts essentially feel the creditor didn't care to collect after all, and has forfeited his or her right to sue and collect damages.
Some debts, such as student loans, are not so lucky. They are exempt from Statute of Limitations.
If contacted by a collection agency at some point and you agree verbally or in writing that you owe the debt they are attempting to collect, that you want to "get this taken care of," or you send in even a token payment, this is sweet music to the collection agent's ears. You effectively waive all defense that your attorney can raise to dispute the debt validation process, and -- worse yet -- that simple "good faith" effort on your part re-starts the SOL again.
Phone calls or letters from collection agencies or debt attorney offices should best be handled gingerly and with great forethought. As mentioned earlier, consulting a good lawyer is your best first defense.
Standard procedure usually follows this path: request validation of the debt without acknowledging that you owe the debt. If the debt is clearly not yours, perhaps a mix-up in names or similar misidentification, then disputing the debt is just. No agreement to pay off the debt or make a small down payment toward the debt should be made at this point until proof positive evidence that this debt is valid has been provided under terms on the law.
Additionally, if you know for certain that the debt falls outside the timeframe of the SOL in your state -- again, check with your trusted attorney to ensure this is so -- then you have the legal right to make this claim to a judge both in civil and small claims court.
Alas, if it is determined that your debt has not outlived the SOL in your state, and the collection agency produces proof that the debt is valid, a judgment could be -- and likely will be -- obtained on you, and your hand will be forced to repay the debt. Unfortunately, you'll have little room to negotiate or settle at this point. The time to do that was when the debt was past due or getting close to being written off.
You'll have to be aware that collection agencies often attempt to re-age debts, and you'll need to have a good strategy to prevent them from re-aging your debts. This effectively re-starts the clock on the SOL, and by allowing them to do this, "zombie debts" are often passed from one collection agency to another if those old debts remain on your credit report, noted as valid and collectible, and the last date of payment has been altered or erroneously reported.
The good news if that when a debt which is not past the SOL where you live, there is a renewed willingness for creditors to negotiate in good faith to settle this matter. If you communicate honestly and seek out goodwill, plus you follow through on what you promise you're going to do (you call when you say you'll call back, you mail in documents that you say you're going to mail), you may be able to work out an official agreement which outlines how this matter can be resolved, keeping it off your credit report, and beginning the process of getting rid of the debt for good and restoring good credit ratings in the process.
Experts in the field warn that this aforementioned agreement at its core needs to document your account with the creditor has been paid in full and settled once and for all. Never lose a copy of this agreement, either. You may need it to prove your case someday when applying for a home mortgage or an auto loan. You want to have the proof within short reach to prove this debt has been completely satisfied.
No, it's not that having a "charged off debt" means you're now regarded as an irresponsible person who doesn't pay off debts, and it does not mean that you are free and clear of the debt. All it means is that the creditor who originally issued you credit decided money you owed was now uncollectible, wrote off the debt, dinged your credit report as defacto revenge, and turned it over to a collection agency to salvage pennies on the dollar to get the account off the books. And, as detailed in this article, when the collection telephone calls start ringing, it might be a good idea to know how to fight harassment from bill collectors.
Sunday, February 26, 2012
Judgment Debtors
I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.
What is a judgment debtor? A judgment debtor (JD) is a person or an entity, that was involved or named in a lawsuit, and was judged to owe money because of a final judgment (J).
After a J is satisfied or vacated, then the person or entity is no longer a JD, at least not for that J.
Usually, a JD was a defendant in a lawsuit. However, sometimes the JD started as the plaintiff; and at the hearing, a judge decided not only did the original defendant owe nothing; the plaintiff is now the JD, that now owes money to the original defendant.
A person (or entity) can become a JD after many kinds of court Js from either civil or criminal courts.
Many types of courts can create JDs, including criminal restitution, divorce, small claims, limited and unlimited civil, bankruptcy, federal, justice, municipal, circuit, and district.
Unlike a debtor with a claimed debt against them, a JD has a judgment against them. The disputable claim was turned into a J. After a debtor is sued, and a court orders a judgment against them, their debt is decided with finality by a judge, to create a JD.
Only a J from a court can create an actual JD. UCC liens, and any other kind of debt or financing statements alone, cannot create a JD.
Becoming a JD is very common, and being one has not been any kind of social stigma for many decades. Many laws protect judgment debtors. An example is that with very few exceptions, a creditor cannot tell anyone else about a JD's debt.
The courts, media, laws, and society; all seem to treat judgment debtors as if they are now victims, and that creditors are no better, and usually much worse than judgment debtors. What should be remembered is that many judgment debtors either stole something or money, received unjust enrichment, defrauded someone, damaged property, injured someone, etc.
When you are a judgment debtor, you may have some choices. Certain laws make it relatively difficult and expensive to recover judgments, so one choice is to at least temporarily, ignore a judgment.
If you are poor, ignoring a judgment might make sense, because only the judgment debtor's assets or income streams may be levied to satisfy a judgment. However, not paying a judgment or arranging a modest payment plan, may expose you to unexpected and sometimes repeated bank or wage levies.
When the amount owed on a judgment is not huge, it may be cheaper and easier, to simply repay what is owed, in exchange for a notarized satisfaction of judgment that must be filed at the court.
As a judgment debtor, you can try to settle with the judgment creditor, perhaps reaching a compromise with them.
Especially when judgments are new, some creditors imagine that their judgments are guaranteed, and will never settle them for anything less than every penny owed, including all interest and court-approved costs.
Usually, judgments eventually expire. However, in most states, a determined judgment creditor can renew a judgment indefinitely.
Sometimes a judgment creditor will not give up, and hires a collection lawyer, or assigns their judgment to a judgment recovery expert. Recovery experts specialize in finding judgment debtor assets, and then having a sheriff levy them, to satisfy the judgment.
When a judgment debtor has assets and a determined creditor or enforcer is constantly trying to have a Sheriff levy their bank accounts, wages, and property; being a judgment debtor is not fun.
The two most common ways that judgment debtors may avoid paying a judgment, is either with bankruptcy protection, or if they win their attempt to vacate a default judgment.
For judgment debtors, satisfying a judgment, by reaching an agreement with the judgment creditor, or someone owning a judgment, can make a lot of sense.
Saturday, February 25, 2012
Installment Agreements After Rejection of Offer in Compromise
Rejection from the IRS on an offer in compromise application might perhaps fill you with a bit of stress and panic, however don't agonize -- you can proceed with the option of satisfying the payment of the balance in installments.
The Internal Revenue Service offers some different installment agreement options including partial-payment installment plans or full-payment installment plans. Full-payment plans include the streamlined installment agreement, the promised installment agreement, and the financially verified installment agreement. The payment option you qualify for is dependent on financial info you lay out to the IRS, but the monthly payment installments for these types options are calculated differently than Offer in compromise settlement amounts.
In this discussion we will break down these repayment options and help you verify which plan of repayment is most convenient for you.
The Guaranteed Installment Agreement Option
The guaranteed installment agreement option is available only if your balance is not exceeding $10,000 and your installments will pay in full your full IRS tax debt within a period of 36 months. The IRS must agree to this purposed option if you conform with their requirements.
Streamlined Installment Agreement
This streamlined installment agreement is an option of repaying the IRS if your tax debt is equal to or under $25,000 and you agree to pay in full your full balance in the period of 60 months or 5 years. This full balance considers your principal tax liability, plus interest and penalty accruals for each tax year you have a balance on.
Calculating The Monthly Payment Installments
In order to figure out the base amount the IRS will permit each month, divide the full amount you owe, including the interest and the penalties, by fifty. The resulting number will tell the lowest amount that must be paid. The remaining 10 months of the 60-month payment plan is set aside for interest. If you do not have sufficient disposable monthly income to allow for a 60-month payment plan, you just might qualify for a partial payment plan instead.
Installment Agreement Partial-Pay Plans
A partial pay installment agreement plan is an option that will allow you to make payments of only what you can manage on a month by month basis, even if the amount is under what the IRS normally accepts on an installment agreement. You must make payments for the remainder of the period the Internal Revenue Service can by law collect your debt, this could be for an amount of time longer than 60 months. And when the collection statute of limitations arrives at its expiration date, any balance that remains is then written off. This repayment option is a partial pay installment agreement as you will never pay the full of the balance that you owe.
Statute of Limitations on Collection
A statute for collection exists in each tax year you have a tax debt balance. The statute begins when you file your tax return, or the date in which a principal tax balance is assessed, whatever is more recent. The statue will usually end within 10 years, though there are certain instances when a collection statute can extend passed 10 years. You or your power of Attorney may contact the IRS and request the Collection Statue Expiration Date (CSED) for each balance-due period.
How to Determine Payments
Your partial payment installment agreement is determined by your disposable monthly income, which is the remainder left each month after your expenses are paid. Determine your monthly disposable income by the number of months which remain on your collection statute to calculate the absolute dollar amount you are going to have to pay the IRS over a period of time. For example, if your disposable income is one hundred dollars and the amount of time left on the collection statute is two years, you will have to pay $2,400 in total toward the tax liability. The remainder is uncollectable by the IRS. However, you need to make these payments in installments and you can't offer the full amount in a lump sum.
Financially Verified Installment Agreement
The non-streamlined or financially verified agreement is available when your owed balance is over $25,000 or where the repayment period exceeds 60 months. This agreement must be negotiated with the IRS. Full financial disclosures are to be imparted to the IRS. Your monthly payment amount is based on your complete financial situation, and the IRS may require you liquidate assets in order to reduce the debt balance due.
Rules to the Installment Agreement Plans
Regardless of the option of payment you request, a few general rules are applicable for retaining and obtaining an installment agreement.
OIC Rejection Period
Quite often, you must wait at least 60 days from the date of your Offer in compromise rejection letter to request an installment agreement. During this sixty-day period, your file is marked as an "Offer" case in the Internal Revenue Service system to allow for your sanctioned right to appeal the Offer in Compromise rejection. IRS officers are unable to change the status of your case to establish an installment agreement contract.
Staying Compliant and Current
When you are in an installment agreement, then you need to stay current and compliant with the payment arrangements and forthcoming tax obligations. Meaning that if you're bound by this contract, then you have to make all installment payments on time and in full, file all tax returns according to the schedule, and pay all forthcoming tax balances in full and on time.
You will be opened up to various IRS collection measures if you fail to comply with regulations and default on your payment plan.
When Financial Circumstances Change
If your financial circumstances change and this change stops you from making the monthly installments. Pursue a decrease to your monthly installment amount.
The change in your financial situation should be considered permanent, or expected to last longer than one month. Examples of acceptable financial changes include loss of income, a reduction in income, divorce, the addition of a dependent or an increase in regular living expenses. The IRS will request an updated financial statement and proof of new expenses to process the modification request.
A full-pay installment agreement could possibly convert to a partial pay plan if changes to your finances warrant such a change. Installment agreements are generally less painless to establish with the IRS and incur less paper work than an OIC process. An installment agreement plan provides a solution to your Offer In Compromise rejection.
Friday, February 24, 2012
2 Main Advantages of Online Payday Loans
One of the main benefits of online payday loans is that you can easily qualify for them without having to secure any collateral. Keeping this in mind, there are two additional advantages to taking out a payday loan. The first advantage is that you can get your money right away.
Some online cash loan companies are able to deliver your emergency cash within a few days; while other money lenders are able to do it in 24 hours or less. The motto of many online payday loan companies is expediency; their main goal is to make sure that you get your emergency cash as soon as possible; on the flip side, they want their money repaid back in full just as quickly and easily as they loaned it to you.
It is prudent and wise to think twice before obtaining such loans. Remember, these loans must be repaid back on time and you must adhere to all of the conditions in your signed agreement. Even though this is a payday advance loan, it is a loan nonetheless and must be handled as such.
If you already know that there is a strong chance that you may default on the loan, do not get one of these loans! Try and find another way to get the cash you need. Interest rates can be ridiculously high with online cash loans and they come with stiff penalties if you deviate from the terms and conditions of your signed contract. This is a major drawback of these types of loans.
If this is your first time getting a payday advance loan, you may not be able to borrow a lot at one time; but in some instances, you may be able to borrow a larger amount, depending on the lender's policies. First time borrower's may only be allowed to borrow $100. If you decide to borrow from the same payday loan company again in the future and you maintain a good payment history with them, you will be able to borrow larger sums of money; up to $1500.
The second main advantage to using online payday loans is that your privacy is completely protected. Your sensitive financial information is safe and secure at all times. All of your financial transactions will be kept confidential and secure. As soon as you begin the lending process, all of your financial information and identity are guarded with the highest level of security measures from start to finish.
There is no need to worry about identity theft from hackers or dishonest employees misusing your information throughout the entire application process.
I know that cash advance loans can be tempting to use because they are quick and easy to obtain. But these types of loans should only be taken out as a last resort; such as an unexpected financial hardship or an extreme family emergency.
Getting the cash you need right away is great but you must remember that you have to repay it back plus any additional fees outlined in the contract.
Thursday, February 23, 2012
Simple Steps To Debt Relief For Your Family
Debt is a huge issue in our current society. Many people are plagued and even hindered by it in their day to day lives. Few people understand that they can take an active roll in getting rid of debt efficiently. We'll share a few simple ways to jump start a debt relief plan.
The first step that you need to take, is to assess the amount of debt in your life. Is it serious? If your debt is extremely high, it may be time for you to get a debt consolidation loan. These loans are true lifesavers in every since of the word. Basically, a consolidation loan will take all of your debt, consolidate it into one simple payment and leave you with a more organized payment relief set up. To get qualified for this loan, you will need to meet with your banker and find out if you meet the minimum. Chances are, the loan will get you back on your feet and well on your way to a more stable financial future.
Another area that you need to focus on is credit cards. Do your best to consolidate your credit cards into only one card payment. As you begin paying off your credit cards, you will more than likely be tempted to use them other things. Instead of falling into temptation and using them when you shouldn't, put them away. Lock them in a safe box or simply pack them away. Whatever you do, don't carry them in your wallet where you will have easy access.
Set a budget for yourself, so that you can actively set aside money to put towards your debt. A budget will also help you to stay focused on the amount of money that you are dealing with. It will also help you to avoid overspending and going back to the credit card game. If you need help, enlist tips from financial experts on how to create an effective budget for your lifestyle. Chances are, a budget will make a huge impact on your life. You won't want to turn back.
As you begin making these simple, yet effective changes into your daily life, you will begin to see the difference. You will eventually make your way out of the pit hole of debt and enjoy a debt free future. Making these changes will not be easy, but it will be worth ever single step. So make the effort and get debt relief for your family today.
Wednesday, February 22, 2012
Debt Collector Harassment and Knowing Your Rights
A debt collector has a job to do just like everyone else. Their job is to hunt you down, harass you, and squeeze every penny they can get out of you. However, there are guidelines put in place for them to follow as a part of their pursuit.
If you are the target of a debt collector, you should know your rights. Many debt collectors walk a fine line following a code of behavior as they attempt to collect a debt from you. The following suggests what you should know to better protect yourself.
Under the Fair Debt Collection Practices Act, a debt collector CANNOT:
- Contact you at your place of work
- Contact you by phone after you have sent a written letter to them and request that they stop
- Contact you earlier than 8 a.m. or later than 8 p.m. based on your time zone
- Express to others that you owe a debt - such as your family, friends, or your boss
- Converse with anyone but you when they call (not your children or other family members)
- Threaten to have your wages garnished
- Threaten to sue you (debt collectors do not have the legality to sue you, only creditors)
- Threaten to have you arrested
- Send you unofficial papers that appear to be legal court papers
The Fair Debt Collection Practices Act was established in 1977 when Congress realized debt collectors were exercising deceptive, abusive and unfair debt collection methods. Unfortunately, a number of divorces, volatile marriages, job losses and personal bankruptcies were and still are a result of obnoxious and unethical debt collecting procedures.
Although the purpose and intention of the act was noble, the term "abusive" is in the eye of the beholder. There is a gray area when it comes to the definition of abuse. Swearing, yelling and calling to harass you are considered abuse. Keep in mind that when a debt collector pushes you, you have the right to push back. Tolerating their nonsense and drivel is not a requirement.
Debt collectors are trained to be belligerent, aggressive, rude and dishonest. Their job demands it. In some sense, you should not take their aggressiveness personally. However, the more you know how they work and arm yourself with knowledge; it will be easier for you to exercise your rights.
The most important lesson here to learn is that it is not necessary for you to speak with a debt collector until you feel you are ready to do so. You are not obligated to return their phone calls and you have the right to hang up on them. They want you to feel threatened and powerless so that they can produce results; it is their job. You have a job too - to protect yourself.
Tuesday, February 21, 2012
First Step for Getting Out of Debt
The first step for getting out of debt can be the hardest one, because that means you must move from the planning stages and take action, some people will hit rock bottom before they take action, don't let that be you, once you have taken the first step for getting out of debt you will be over a major hurdle.
Start with counting your money, you must know how much is coming in and how much is going out. Next start looking for ways to cut down on your expenses.
There are several ways you can cut down on your expenses, if you try hard enough you can find ways to save on all your utility bills, you can also find ways to save on your grocery bill by buying cheaper brands, and larger quantities where it is more economical to do so.
You should always make a list before you go shopping, with the aim of buying only what's on your list and getting it all in one trip, so you can save on gas.
When you shop for clothes remember you don't always have to buy the latest styles, wait, and do some shopping when there is a sale. Okay now that you have taken the first step for getting out of debt, the easy way to do all of the above is to make a budget.
As you make your budget look back to see where your money went last month, what bills you paid and whether or not you absolutely needed all the things you bought. Make some cut backs where you can, start small and don't be too rigid at first for you may not stick with it, don't let your feelings get in the way either, remember this is for you to get out of debt so that things can be better, if you need to, get someone to help you.
Pay bills on time to avoid late fees and added interest, keep records of the due date for all your bills, and get in the habit of paying them as soon as they come in, that way you will avoid using the money for your bill payment on something else.
Prioritize your spending - needs verses want. You need water, electricity, gas, and food, a roof over your head and to some extent, clothes, entertainment, and recreation.
Try to earn more money- if you have a particular skill on talent you can use to earn some more money on the side you should use it, and put the money to a much-needed cause, like starting a saving so you can have some money in case of an emergency.
You have gotten this far because you were not afraid to take the first step for getting out of debt, now don't stop when things begin to improve, stick with your plan till you become debt free, and please do not go back into any unnecessary debt.
Monday, February 20, 2012
Strategies For Lowering Your Debts
Smart money management skills are learned not inherited. While most of us do our best to avoid the pitfalls of overwhelming debt, life circumstances can push us over the edge at times. Finding the right solution to lowering a debt burden isn't always easy and some people find the process to be confusing. Knowing the difference between debt resolution strategies and their benefits can help anyone make an informed decision about their debts.
Debt Management Plan
A debt management plan is a structured plan that a debtor develops aimed at reducing their debts without the help of third parties or their creditor. Common plans include a strict budget that outlines each debt payment as a priority expense each month. In some plans, people choose to pay minimum payments on all but one debt, and pay as much as possible to one debt account until it is paid off. Once the debt is paid off, or lowered, they move to focus all their additional money on the next account. Debt management plans are great for those who are focused and consistent with following their outlined budget. However, they should not be used if a person's income is unpredictable or they are at risk of missing payments of any kind.
Debt Negotiations
Credit negotiations provide a way for debtors to negotiate a lowered debt payment with their creditor directly. Most debtors request a lower interest rate or lowered monthly payment requirement when negotiating with creditors. Negotiating debts can ease the strain on a person's monthly budget while still allowing them to make payments and stay out of delinquency. Credit negotiations are great for those who have a predictable income, even if it isn't sufficient for full debt repayment, and are not considered seriously delinquent. However, negotiating with creditors may be difficult if a person is already in default or cannot prove their ability to maintain a modified payment schedule.
Debt Settlement Agreement
Settling debts is a way to satisfy a debt with a creditor without having to pay the full amount owed. Many creditors will agree to settle a debt if they feel the debtor may be at risk of filing for bankruptcy. Creditors would prefer to accept less than the amount owed than risk losing all of the debt repayment through other actions. Debt settlement can provide the debtor with a way to alleviate their delinquency status and be absolved of liability over the debt. However, debt settlement agreements can be difficult to come by if the creditor feels the debtor can afford to repay.
Sunday, February 19, 2012
How Will the National Debt Crisis Affect Your State Pension Fund?
Do you think that you or your spouse's state pension fund for retirement will be affected by the national debt crisis? The United States Office of Management and Budget is forecasting fiscal year 2012 to have a gross national debt of 16.2 trillion dollars. Similarly striking statistics reveal that our nation's state pension funds owe workers up to 3 trillion dollars. Many states will not be able to pay its government workers their earned retirement pensions and the Federal Government is not in any position to assist these states with their obligations. One can only hope that these nearly 15 million local and state government employees throughout the country have a backup plan when their state advises them that they will not be receiving their state pensions.
There are many hard working government employees within our nation including those who protect our safety and well being, respond to emergencies, and educate our children. In exchange for their service the employee receives a salary and benefits package which often includes a pension. Most government employees contribute a portion of their salary to the pension fund and the state or local government is required to also contribute to the fund in order for the employee to receive an income once retired. Although there may be far too many state government employees in our nation not once has it been reported that a government employee has not paid their contribution into their pension fund. Unfortunately, some states have not made their required contributions to these pension funds and many of them are underfunded in the tens of billions of dollars.
It is hard to believe that almost all of our nation's states have debt levels in the billions of dollars and yet the accounting practices of these states are so inaccurate that the discrepancy between how much they claim to owe the pension funds and the actual amount owed to these funds is over two trillion dollars. The public sector accounting methods fail to take into consideration that when a state invests the pension money in stocks, bonds, and other investments that it will not always receive forecasted rates of return. Fortunately, there is a push for government agencies to begin utilizing more accurate accounting practices but these changes cannot happen soon enough.
Unfortunately most people do not begin to realize how important it is for them to have a backup plan. They probably think the federal government will bail out their state pension fund if the pensions cannot be fully paid. It is not wise to make this assumption. The United States is already in debt approximately 15 trillion dollars and the Federal Reserve does not plan to assist states with their pension funds. Many people will not be able to understand why the United States can send billions of dollars to other nations year after year yet not assist their own working citizens who have worked for the government for decades.
When millions of people are told they will not be receiving their pension incomes they will wish they had not put all of their eggs in one basket. More people need to realize that state pensions are a thing of the past and begin educating themselves on how to make a living without promised government pensions. Our nation will see their government employees lose their pensions as they exist today but it is not too late for state and national government to begin more accurate and transparent accounting practices which will benefit everyone. It is also not too late for existing and retired state workers to begin adding additional sources of income in order to protect themselves from massive layoffs, devalued pensions, and the national debt crisis
Government employees should strongly consider educating themselves on the stability of their current pensions and seek more modern sources of passive income which does not rely solely on government agencies to protect their livelihoods. American state government employees can cast blame and point fingers at government agencies regarding their lost pensions but that will not help matters. Waiting until the pension is totally gone and then saying "This isn't fair" will not make things any better. All states should adopt more transparency regarding pension liabilities and other budgeting processes. Likewise, more state employees should embrace change even if their devalued state pension fund is not their fault.
Saturday, February 18, 2012
3 Debt Relief Tips
There are many reasons people fall into debt today. It's true that some of these reasons could be directly accredited to miscalculations, but I'm sure that it's very hard to get your numbers and decisions right, especially in an economy like today's one. We're seeing people lose their jobs every day. We see families becoming homeless in an eye glance. Most people are also drowning in debt and they couldn't seem to find a way out. They say that there is a solution to every problem, and I believe there is. However, this solution may seem hard to most people. I believe that getting out of debt requires a lot of dedication and hard work basically because you're going backward in your lifestyle. If you happen to have a family, then this will be much harder. I don't mean to scare you or anything here, but if you really want to improve your life, you need to take exceptional measures that most people won't have the courage to take. If you're serious about getting out of debt, here are some tips to help you do so:
1- Learn to differentiate between your wants and your needs:
Basically, if you can't survive without it, then you can't afford to lose it. This is exactly the mindset that you should have to get out of debt. The biggest problem in getting in debt in the first place is that people don't really realize if something they have bought is necessary or not. They might see their friends buy it, and want just to do the same. I know that today's conditions encourage you to spend more until you have nothing left, but you need to be responsible, especially if you have a family that is relying on you. To be clear with you, the only things that you need to be spending your money on if you're in debt are food; a roof over your head and clothing, and even those, you shouldn't go extreme about them.
2- Stop right there:
As soon as you realize the problem, you need to stop right there. Most procrastinators will say that they'll think of the whole debt relief thing the next week or month, but you shouldn't be one of them. As soon as you realize that you have a debt problem, you need to start acting immediately and limit your spending habits.
3- Tracking is the key:
I believe that the main reason people fall in debt is that they don't track their spending. When it comes to minor ones, most people just ignore to write them down because they think it's not really worth it. I did a little test on my spending, and I noticed that the month that I don't track every penny I spend in, I end up spending more than the other months. This leads us to believe that people tend to forget and that's what the pen and paper (or computer in our time) is made for.
Friday, February 17, 2012
Finding the Right Debt Relief Programs
Debt relief should be something you are considering if you are experiencing a high rate of debts and trouble paying your monthly bills. The old concept that no one will help you is true in some respects. You have to take the initiative in order to get your debt problems solved. Government programs are few and far between. Many are also not going to help if you decided to spend over your monthly income with credit cards. Being financially responsible is something you have to work really hard for, but there are some debt relief programs out there that can help you get back on track.
Government relief programs: there is an option of finding a government or nonprofit run facility which will help you examine your debt situation. In this type of situation the office staff will ask to see what your debts are versus what you make in a month. They will make suggestions on where you can cut down on spending and perhaps where you can find a bit of extra income to start paying down some of those high interest debts. They may also refer you to places with debt relief programs like debt consolidation or settlement. These referrals tend to be legitimate companies that the facility has worked with in the past.
Paid debt relief programs: there are plenty of debt relief programs out there where you will pay a commission. Depending on your choice you may find you do not owe any money until you have a concrete agreement with your debt collectors on what will be paid. In this way the company knows what type of commission they can earn. You want to research these debt relief programs extensively to ensure you have not come upon a scam. There are plenty of scams out there too, which is why you need to look at the history of a company versus what their internet site may say. Read things like the Better Business Bureau reviews and fair trade talks to find out if any company is being investigated for issues.
If you follow some of these suggestions you will find a debt relief program that will work for you. Additionally, you can compare and contrast them on your own. What are some of the important factors of your needed debt solution? Are you looking for a loan or just a simple way to pay your debts off with the debt products you currently have? What are some of the realistic options you have for getting rid of your debt?
Many of the debt relief programs are designed to help you reduce your debts and then to repair your credit afterwards. They are also meant to help you get your finances under control so that you will never let them become out of control again. It can be a long process and it takes a lot of hard work, but you should definitely look at debt relief programs as more than a magic solution.
Thursday, February 16, 2012
Are You Experiencing Collection Harassment by a Debt Collector? Here's What to Do
You're receiving calls all hours of the night, and when you pick up the phone, it's someone wanting your bank account number to pay a debt. Or maybe you're being hounded about a debt that you're not even sure is yours. Perhaps you're sick of being called names and ridiculed by a debt collector because you lost your job and aren't able to pay your bills. Whatever is going on, if you're the victim of debt collection harassment, we've got good news for you.
The Law is on Your Side
A debt collector can't do just anything to collect a debt. Instead, it's required that all debt collectors follow the rules set out by the Fair Debt Collection Practices Act (FDCPA). Lawmakers realized that consumers were experiencing high rates of debt collection harassment, and that's why they passed the FDCPA. The Act lays down specific guidelines that the bill collector must follow, and if they don't, they could find themselves in a court of law being sued by the consumer.
For instance, the FDCPA says that collection harassment by telephone is not allowed. And although the Act doesn't define what constitutes harassment, it's generally understood that a debt collector isn't allowed to call you repeatedly in order to harass you into paying a debt. In addition, you-the consumer-get to decide how, or even if, you want to communicate with the bill collector. If you aren't allowed to receive telephone calls at work, you can tell them that, and according to the law, they have to stop calling you there. In addition, they are only allowed to call you between the hours of 8 AM and 9 PM in your time zone. If you don't want to receive any calls at all from the debt collector, you have the right to send them a cease and desist letter, and they'll no longer have the right to cal you. Please note that just because they won't be able to call, they won't lose their right to continue to try and collect the debt.
How to Protect Yourself
Some states allow you to record telephone calls from a debt collector, and if yours does, you should immediately begin recording all calls. In addition, make a note of the dates and times that they call and keep a running log of how many times a day or week that they call. Keep all written correspondence from the bill collector, and be sure to use certified mail with return receipt requested any time that you send them anything.
If you're experiencing debt collection harassment by a debt collector, you should contact a fair debt attorney and explain your situation. Take them the documents and recordings that you've collected, and ask them if you have enough to file a lawsuit against the debt collector. The law looks unfavorably upon debt collection harassment, and that means that you could win a lawsuit against the debt collector.
Tuesday, February 14, 2012
The Strategy To Get Rid of Credit Card Debt Fast
Do you find it hard to pay off your credit card debt? You have been making monthly payments on your these cards, but the balances seem to remain high. These carry-over balances incur interest from month to month, adding to the existing total balance. The monthly payments you make to your credit cards do not seem to clear the debt off. What you should do if you want to get rid of debt as soon as possible?
There is one strategy that works to help you get rid of credit card debt fast. But before explaining the strategy, let's see the common scenario of most people get into debt.
Generally, you will encounter the problem above if you do not make a full payment on your credit card upon receive monthly statement. In fact, if you like other cardholders who tend to make only the minimum payment required in the card agreement, you might facing a debt problem like many of them. In fact, Most people get into a debt problem mainly because they often cashless purchases, but just make the minimum payment, the balances incur interest and be carry-over to the next month. The process repeated until the balances reach to the level beyond their financial capability to settle them.
Although the best way to be debt free is to settle in full for the credit card debt, but if you have hardships to pay it off, then the strategy below can be the alternative way to get rid of debt fast:
1. Stop using credit card
The immediate action that you need to take if you want to restore your finance back to a manageable level is: stop using the credit card. There is no way to settle it if you keep adding more to the existing balance.
2. Find the best loan for consolidation
One way to settle the credit card debts that normally carry high interest rate is by clearing it off with a low interest rate consolidation loan. There are many low interest rate consolidation loans available in the market, but you need to get a loan with amount just sufficient to pay off your credit card debt, not apply more for cash out purpose. Although the interest rate is dependent on your credit rating, try to get a loan that has as low interest rate as possible and as short repayment term as possible. The interest rate of the consolidation needs to be lower than the current interest rates in order to take advantage of consolidating of debt.
3. How to be debt free fast
Here are the tricks to pay off the credit card debt as quickly as possible. First, the monthly repayment will be reduced after the consolidation with a loan at a lower interest rate, you could pay off the loan faster if you make the same amount of monthly payments used to pay your debt before the consolidation toward your loan. For example, you are paying a total of $1000 on your credit card payments, and after consolidation, the monthly repayment for loan is $600. If you continue to make $1000, instead of $600, you will be able to clear the loan much faster than if you stick to the repayment plan at $600/month.
Summary
Many people will stick to the repayment plan of the consolidation loan. If you can make the same monthly payment as before the consolidation, you will be able to cut short the repayment period and get rid of credit card debt fast.
Friday, February 10, 2012
Online Business: Eliminate Debt by Creating More Money
Eliminating credit card debt and repaying down personal loans is one of the most important obstacles to true financial security. Millions of Americans today are crumbling under the emotional weight of their debt burden. Fears of default, foreclosure and bankruptcy are keeping people awake at night, as they toss and turn, wondering when or how financial relief will come their way.
The truth is that it won't unless you take the necessary steps to make sure that you can be in control of your financial future. One of the simplest ways to do this is to find ways to make more money. By increasing your cash flow, you can increase your monthly payments towards these loans and accelerate their elimination. But with unemployment rates skyrocketing, it is getting more and more difficult for people to find ways to make any money--let alone, making more money.
USE THE INTERNET TO SUPPLEMENT YOUR INCOME
It is about time that people realize that they can turn to the internet and use the internet to supplement your income. In fact, some people have been able to leverage their online businesses to such a degree that they have been able to walk away from their jobs completely--even in this economic climate.
The secret to success online is not one that many people want to hear. It takes a certain level of hard work, dedication, and focus in order to make your financial dreams a reality. However, it is entirely possible. Entirely.
MONEY-MAKING OPPORTUNITIES ABOUND ONLINE
The greatest thing about the internet is that it is the most democratic of all institutions in our world today. Nepotism does not rule on the internet. Everyone can get their piece of the financial pie. If you are serious about your process of debt elimination, then you need to use all the tools at your disposal to make extra income. This may include picking up more hours at work, but don't leave the internet out of the equation.
The internet literally offers a wide selection of opportunities to make more money to help you decrease your debt load. There is an income generating stream for nearly every type of person. If you need to sell your stuff, you can turn to Craigslist or eBay. Other people are even putting their skills to use and flipping items that they see on Craigslist and eBay (i.e. buying an antique or valuable item for cheap and reselling it for a profit). If you are a natural-born salesperson, then you might want to think about the possibility of learning how to become a successful internet marketer. If you can write, then you might want to research a woman named Tiffany Dow and see how she is making a good living writing articles for other people.
The opportunities for making money online really are limited only by your imagination and your motivation.
TAKE ACTION
Take the necessary steps that you need to take in order to make money online. Remember, with each day, your debt is actually increasing, while I imagine your financial situation is stagnating. While competition does exist in online businesses, the fact remains that there is more than enough room at the table. Take your seat today!
The truth is that it won't unless you take the necessary steps to make sure that you can be in control of your financial future. One of the simplest ways to do this is to find ways to make more money. By increasing your cash flow, you can increase your monthly payments towards these loans and accelerate their elimination. But with unemployment rates skyrocketing, it is getting more and more difficult for people to find ways to make any money--let alone, making more money.
USE THE INTERNET TO SUPPLEMENT YOUR INCOME
It is about time that people realize that they can turn to the internet and use the internet to supplement your income. In fact, some people have been able to leverage their online businesses to such a degree that they have been able to walk away from their jobs completely--even in this economic climate.
The secret to success online is not one that many people want to hear. It takes a certain level of hard work, dedication, and focus in order to make your financial dreams a reality. However, it is entirely possible. Entirely.
MONEY-MAKING OPPORTUNITIES ABOUND ONLINE
The greatest thing about the internet is that it is the most democratic of all institutions in our world today. Nepotism does not rule on the internet. Everyone can get their piece of the financial pie. If you are serious about your process of debt elimination, then you need to use all the tools at your disposal to make extra income. This may include picking up more hours at work, but don't leave the internet out of the equation.
The internet literally offers a wide selection of opportunities to make more money to help you decrease your debt load. There is an income generating stream for nearly every type of person. If you need to sell your stuff, you can turn to Craigslist or eBay. Other people are even putting their skills to use and flipping items that they see on Craigslist and eBay (i.e. buying an antique or valuable item for cheap and reselling it for a profit). If you are a natural-born salesperson, then you might want to think about the possibility of learning how to become a successful internet marketer. If you can write, then you might want to research a woman named Tiffany Dow and see how she is making a good living writing articles for other people.
The opportunities for making money online really are limited only by your imagination and your motivation.
TAKE ACTION
Take the necessary steps that you need to take in order to make money online. Remember, with each day, your debt is actually increasing, while I imagine your financial situation is stagnating. While competition does exist in online businesses, the fact remains that there is more than enough room at the table. Take your seat today!
Thursday, February 9, 2012
Fighting Back Against Debt Collection Letters: 5 Steps to Take
It can be pretty scary to walk to your mailbox and find a collection letter from a debt collection agency. But the truth is, because of the Fair Debt Collection Practices Act, you have more power in the situation than you might think. For instance, did you know that you actually get to control how the debt collector speaks to you - even in what format? What's more, the debt collector must prove to you that the debt is really yours before they can even begin their collection efforts. So, if you've received collection letters, take a deep breath, and let's look at some of your options.
Read the Letter Carefully
The first think you'll need to do is read the collection letter carefully. Is the debt collector really looking for you, or have they accidentally sent the collection letter to the wrong address? Do they clearly state whom they are and that they're trying to collect a debt? Do they give you contact information so that you can either phone them or write them in response?
Make Contact
The worst thing you can do is avoid a debt collection agency, because many times, they'll be allowed to take your silence as consent that you owe the debt. Instead, you'll want to make contact with them and ask them for a debt validation letter. The Fair Debt Collection Practices Act requires them to send you this letter within five days of their first contact with you, but it doesn't hurt to let them know that you expect it. The letter will outline the details of the debt, and tell you that you have 30 days to dispute it.
Accept it or Reject It
Once you receive the debt validation letter, you'll need to determine whether or not the debt is really yours. If it isn't, you'll need to tell the debt collector so in writing, sent certified mail with return receipt requested. If the debt is yours, you'll need to determine whether or not the statute of limitations on the debt has already passed. Because each state has different timing on this, you'll have to check out your state's rules.
Decide on Your Course of Action
You'll have a lot of decisions to make about the debt collection letter if the debt is yours. First of all, if it's past the statute of limitations, then the debt collection agency can't sue you for the debt, or garnish your wages - all they can do is ask you to pay it, and whether you do is up to you. If the debt is valid and current, you'll likely need to set up a payment plan with the debt collector to avoid legal issues. It's important that you don't give out any financial information on the phone, and that you only make the payments with a money order. If an unscrupulous debt collector gets a hold of your bank account information, they may make unauthorized withdrawals, leaving you in a bind.
Know Your Rights
As you go through the process of paying off a debt, things will go a lot smoother for you if you understand your rights as set out by the Fair Debt Collection Practices Act. And if the debt collector knows that you understand your rights - and aren't afraid to defend them in a court of law - he or she will more likely to abide by the laws that govern debt collection agencies.
Wednesday, February 8, 2012
What You Need to Know About Debt Collectors and the Statute of Limitations
Consumers have a great advantage when it comes to dealing with debt collection efforts when the debt in question has passed the statute of limitations. Unfortunately, not everyone knows about the implications of time-barred debt, and that leads many people to be frightened into paying debt when they really don't have to. Because every state's statute of limitations on debt is different, you'll have to look up the limits on your particular debt. If you find that it's time-barred, here are some tips for how you should deal with debt collectors.
Know the Risks
Just because a debt is past the statute of limitations, that doesn't mean that debt collectors can't attempt to collect it, but it does mean that their means of doing so are drastically limited. For instance, they can't take someone to court who owes a time-barred debt - in fact, they can no longer even threaten you with the possibility. In addition, their ability to garnish your wages is gone. But the advantage can quickly be transferred to the debt collector if you make one wrong move, and those trained in the art will do everything they can to make you slip up. For instance, if you pay even a small amount on the debt, the debt collector will have the right to "re-age" the debt, and the time on the statute of limitations will start all over again. This means that even if the debt is seven years old, and the statute of limitations is five years, they can start the clock over and have the right to sue for five more years. Some states allow debt collectors the right to re-age a debt if the consumer even acknowledges that they owe it.
Don't Speak to Them
The best way to avoid accidentally re-aging your debt is to refuse to speak to a debt collector on the phone. Remember, they're trained to get to you to do or say something that will re-age the debt, so you should avoid this at all costs. Instead, when a collector calls about a debt that has passed the statute of limitations, simply hang up the phone without saying a word, or let your answering machine or voice mail pick up the call.
Show up in Court
Some debt collection agencies will file lawsuits on time-barred debt in hopes that the consumer won't show up and they'll win by default - and unfortunately, that's exactly what happens many times. If you're served notice for a hearing on a debt that's past the statute of limitations, don't assume that you'll win the case even if you're not there. Some states require that the consumer show up to court and present evidence that the debt is indeed time-barred.
The statute of limitations can work in your favor if you have a time-barred debt, but it's important for you to know the rules. Learn your rights by researching the Fair Debt Collection Practices Act, and then never be a victim to a rouge debt collection agent again.
Tuesday, February 7, 2012
Shocking Facts About the US Debt
Most people have heard some news story at some point about the US debt. It seems that this kind of story is hard to avoid hearing about anymore. What many do not realize are some of the truly stunning facts about the US debt.
1. The US national debt was under $1 trillion when Ronald Reagan was president. This amount has increased more than tenfold in the modern day. In a span of just 30 years, the national debt has exploded to huge amounts that seem nearly unstoppable.
2. Under the Obama administration, the national debt has expanded to more than all of the debt combined from the George Washington administration up to the Clinton administration.
3. More than one third of all of the debt in the world is the responsibility of the US government. This is largely because of such a huge trade deficit.
4. Nearly half of all US households receive government benefits in some form. This is up from around 30% in 1983 and is a contributing factor to the ever increasing debt.
5. One trillion $10 bills could be taped end to end and wrap around the globe 380 times, but even that would not end up being enough to pay off the debt.
6. The Federal Reserve was created in 1913. The US national debt is now 5000 times larger than when this institution first came into being.
7. Bill Gates could put his entire net worth into fighting the national debt and it would only cover 15 days worth of that debt.
8. It is projected that the US national debt will increase over $23 trillion by the year 2015.
9. The US debt surpassed 100% of the GDP number for the first time ever in 2011.
10. In the first two years of the Obama administration there was more debt added than all of the first 100 Congresses combined.
There are endless ways to show just how vast the US national debt has become. Despite all of this, many people are still seriously underestimating the importance of the debt situation going forward. The truth of the matter is that the world has never faced debt issues on this level, and it is unclear exactly how things will play out. It should be noted that the US is not the only country with debt issues, but they are certainly in the worst spot with it. It will be interesting to see where things go with this in the near future. What the world does in reaction to this problem could shape world politics for generations to come.
Monday, February 6, 2012
What to Do About Collection Agency Threats
What to Do About Threats
How you respond to a collection agency's threats should depend on what they're threatening to do. Debt collectors aren't allowed to threaten anything they can't legally do. A debt collector can't threaten to repossess your house, unless they actually hold a mortgage on your house. Debt collectors certainly can't threaten any type of violence against you. If they do threaten you need to make sure to document any and all threats.
You should keep a record of all your interactions with a debt collector and document any threats they make. You should have a pen and paper near your phone and be ready to take notes when you answer the call. If you're not in a position that you can take notes about the phone call, it's probably best not to answer. Due to state and federal laws and statutes governing oral contracts, its best to document everything - If you decide to see an attorney they can tell you everything you need to know about contracts and the concept of promissory estoppel when dealing with oral contracts.
When to See an Attorney
You should seek an attorney if you get served with a lawsuit summons. You should not ignore a lawsuit summons. If you do, the debt collector could get a default judgment against you because you weren't there to defend yourself. Once the collector has a judgment against you, they could get the judge to allow them to garnish your wages or levy your bank account. You should have an attorney show up to defend you.
There's another possible reason to seek an attorney if you're served with a lawsuit summons. Debt collectors have been known to set up elaborate fake lawsuits, with fake courtrooms, and fake judges. If you go see an attorney about the lawsuit, they can probably warn you if something seems off about the summons. You may not necessarily have to hire the lawyer to represent you in court, but it's probably wise to get legal advice about your rights and the steps you should take next.
Stop Debt Collector Contact
At any time, you can stop a third-party debt collector from contacting you by sending them a cease and desist letter. You should tell them that you no longer wish to be contacted about that debt. The collector can send you one more letter after that to let you know what they plan to do next. Be aware that you might be contacted again about that same debt if a new debt collector gets assigned to it. The cease and desist letter is for a specific collection agency, not a specific debt.
Sunday, February 5, 2012
Ways to Get Rid of a Collection Agency
No one likes getting calls from creditors, and if you are in need of debt relief and work out a reasonable solution with the creditor, that is all good. However, if you are being pursued by one of the many junk debt buyers out there and being harassed with threatening phone calls, you need to know your rights and FIGHT BACK! Several studies have shown that 9 out of 10 people, who disputed their debt, won their case. This is largely because the "bottom feeders" don't want a fight, they just want money.
Junk debt buyers are known as "bottom feeders". They buy consumer debts in volume and then begin their nasty pursuit of credit collecting using increasingly questionable practices. If a junk debt buyer tells you he owns the debt, and, therefore, is not required to follow the Federal Debt Collection Practices Act (FDCPA), that is simply not the truth. They are still a 3rd party debt collector according to the law.
They want to intimidate you into paying it. If you request an extensive validation of the debt, for example, they may just go away, because this would mean you know your rights and it would be an expense and effort on their part to provide it as required by law. Of course, this would be relevant to the amount of money in question. They actually train their employees to go after your friends, neighbors and relatives in pursuit of embarrassing you so that will just pay up. In many cases, they could have won their bid for as little as 8 cents on the dollar, so now they just want to recoup whatever they can. Their information would include the number of accounts, the average balance, and original charge off date and possibly phone numbers. They do actually become the first party owner of the debt, but they are still not excluded from the FDCPA requirements. They typically do not like the threat of a lawsuit, and will many times, settle out of court before that ever happens (again this would depend on the amount of the debt, and how much they have "fractured" their case). Also, the first junk buyer took the "cream of the top accounts" and sold of the rest of the debt for even less. These are called "seconds". It gets uglier, because this can create another record on your credit report along with the first. They won't just close out the file either. They'll sell it again! There are now pending laws in place to stop this practice, but who knows how long that will take? There are some consumer attorneys that have been on this issue and have won some rather high profile cases. Good news for the consumer.
Do not be surprised if they attempt to sue you, but do not be intimidated either. Keep good records of every phone call and every document. Demand a full validation of the debt history, and look into your own state's laws regarding debt collection. Remember, most often the creditor does not win in these situations.
Don't forget what your rights are concerning debt collection practices under the FDCPA.
If you tell them in writing not to contact you again, they can only contact you once more to tell you what their follow up plan will be. (Be sure to also request a complete validation of the entire history of the debt).
They cannot contact you at work if you told them not to do so.
Intimidation and harsh language is extremely forbidden. No name calling, no idle threats, no misrepresentation; these would make your case easy to win.
You have every right to sue them in either federal or state small claims for any violation of the FDCPA rules (and they violate many of them everyday). In so doing, you would be providing a service to all consumers in a similar situation.
Saturday, February 4, 2012
How to Get Out of Debt - Tips for Debt Relief
This article is about money, indebtedness, and forgiveness. According to the Bible, the desire for money is the root of all evil. This desire for money has been around since the creation of man who found that certain entities could be used to buy and sell commodities and services to sustain life and livelihood. Even though money is useful, it ultimately started competition between men--there were always those who by their cleverness and thrifty ways always had money. Then there were those, despite their talents, education, and background never had any money. Thus, they became indebted to others. The Bible also speaks of those who are indebted to others. Recall the story of the taskmaster, who forgave his slave for his indebtedness and relieved him from repaying the debt owed to him. The slave went out and contacted his debtor and abused him, threw him in jail until he paid him every cent. The taskmaster heard this and summoned the slave and reminded him that he had been forgiven every cent. The taskmaster had him thrown in jail until he repaid every cent owed to him.
Indebtedness is the misuse of money either intentionally or unintentionally. The misuse of money means the buying of products or services, if needed or not, despite the cost. Today's society makes this possible with the unrestrained use of credit cards. The impulsive swiping of credit cards in the store or online is at an all-time high. The thought is "we want this now whether we can afford it or not." Paying next months bill comes along way too fast and many are faced to make just the minimum payment or no payment at all. Indebtedness quickly becomes a "no return" to the creditors.
Our economy and the increased cost of living unintentionally puts others through a set of circumstances that is not their fault. They have lost their job due to downsizing or laid off, they have become disabled due to a serious accident or illness and cannot afford the hospital bills. They find themselves highly in debt and cannot feed their families or no longer can afford the mortgage on their home. Eventually they go through their savings, 401s, retirement funds, annuities, etc., just to survive. Without help, they often become homeless with the foreclosure of their home. This is the economy we're living in.
The current statute on debt is seven years (varies by state). This means the individual is unable to buy anything on credit to sustain their standard of living. This severely limits their buying power because they have exhausted their resources they saved for a rainy day. Consequently, their credit rating plunges.
People who have credit card debt can get out of debt on their own by consulting a debt consolidation company. But, before doing so, some people can get out of debt on their own by making radical changes to their way of living. This takes a firm resolve on their part. Here are a few tips to begin decreasing your debt:
Destroy credit cards with high balances or high interest rates. High interest is over 8%.
Stop buying things you really don't need. Pay cash only.
Live simply. Change your way of life.
Look for a second job to supplement your income. Realize that jobs are scarce. Do anything for cash.
Contact credit card companies to try to reduce interest rates or the monthly payments.
As a last result, consult a debt consolidation company for help. All these companies are not alike and you may have to pay fees to reduce your debts. Read their contract carefully before signing it.
Being in debt is easy to get into, but hard to get out of. Make every effort to buy with cash or fulfill the balance when invoiced, so you will never find yourself in debt.
Friday, February 3, 2012
Pay Down Debt: Make Money Online
Personal finance and issues of consumer credit remain hot topics in the United States. With foreclosure rates at all time highs and credit card use at all time lows, it is clear that Americans are suffering under the weight of this global economic crisis. The Great Recession is showing signs of slowing, but complete recovery is still some years away.
If you are finding that eliminating debt is difficult under these circumstances, you are not alone. Millions of Americans are turning to creative solutions to decrease or eliminate their credit and consumer debt entirely. While some are making decisions that will further ding their credit and haunt them for a decade (or more), others are doing the sensible thing. They are facing the totality of their debt and arming themselves with financial choices.
I hope that you are among the millions who have decided to develop a financial plan of attack to combat your debt woes.
TURN TO THE INTERNET TO MAKE MONEY
While millions of Americans are trying to pick up extra shifts at work, you can be among the few who will find that making money does not have to be that difficult. There are countless ways to make money online. Why someone would apply for a minimum wage night shift to supplement their full time job is beyond me -- especially in this day and age.
Did you know that you can make money online without putting down any money of your own? Did you know that, if you make the right choices, you can earn anywhere between $10 and $4000 by making one single sale?
MARKETING AFFILIATE PRODUCTS
If you are serious about getting out of debt, then you can not ignore any of the information that I am sharing with you. Thousands of vendors exist on the internet. Each of these vendors is trying to sell products online. And many of these sellers will provide you with a commission if you are able to facilitate their sale.
The vast majority of internet affiliate wealth has been used to change lives. But right now, you might want to explore this option to help you pay down your debt. Building wealth is an extension of making money online. Throwing off the shackles of debt if the first step on the road to financial freedom.
Affiliate marketing can assist you in this journey.
DID YOU KNOW?
Did you know that you can make thousands of dollars off of a single sale if you choose the right product to promote? This isn't rocket science. This is common sense. And, I imagine, after multiple sales, that commission will add up to a debt free life.
I want to support you in eliminating your debt. I want to support you in climbing out from under the weight of financial slavery.
Thursday, February 2, 2012
Why the New Year Is the Time to Find Holiday Debt Relief
The holidays are one of the easiest times in the year for your debt problems to get out of control. You overspend on gifts, you buy too many new decorations, and you buy things on credit that you can't really afford. As the overspending frenzy is happening, you convince yourself it is okay and that you can deal with any debt problems later. Now that the holidays are over, the time to deal with your holiday debt has arrived.
Did you know approximately 5% of Americans at the holidays each year are still paying off debt from the previous year? If you let your debts go and simply make your minimum payments, there's a fair chance you're hardly paying down your debt at all. If you have high balances on credit cards that carry high interest rates, minimum payments often only cover the interest that accrues each month. The principal debt (whatever you paid on your credit card originally) sits at the bottom of your debt pile and never actually gets paid off.
Even worse, if your credit card bills come in but you are unable to pay-forcing you to pay late or not at all-creditors can apply additional fees or even a penalty APR (Annual Percentage Rates). Penalty rates are typically much higher than the interest rate you regularly pay. If penalty APR takes effect then you end up building interest faster, making your debt problems even worse. A penalty APR can be as high as 30% in some cases.
This is the bad debt cycle many people get in from holiday overspending. A few months into the year, debt issues become full blown debt problems and monthly obligations seem insurmountable. That's why it is essential to address you holiday debts as soon as possible so you don't get into a bind simply because you overspent to have a happy holiday. Explore debt relief options as soon as possible before you debt really becomes an issue that causes you to lose sleep this year.
The easiest way to determine which debt solution can fix your holiday debt problems is to contact a certified credit counseling agency. Qualified credit counselors are trained to assess your financial situation and offer education on the debt relief options available to you. Often the solution is enrolling in a debt management program that consolidates debts into one low monthly payment to make your debt easier to handle from month to month. Credit counseling agencies administer debt management programs, so your credit counselor can set you up in the right program then if you decide that's the option you want to take.
There are other options like debt consolidation loans, but you need to have a strong credit score to get the most out of a loan option, because you have to qualify for a good interest rate. You can check your credit score or discuss consolidation loans with your credit counselor to see if that's a viable solution. Whatever you decide to do address your holiday debts as soon as possible so you're not still paying for last year's gifts when the holidays come back around this year.
Wednesday, February 1, 2012
Debt Collection and Playing By the Rules: Knowledge Is Power
If you've ever dealt with a debt collector, then you understand just how unpleasant the experience can be. Before the enactment of the Fair Debt Collection Practices Act, a collector was allowed to use any debt collection tactics that would best serve their purposes - but completely ignore the best interests of the consumer. But the Act has changed things - it sets down strict rules and regulations that must be followed by debt collectors whenever they're attempting to collect a debt. Here are a few things you should know when dealing with an out of control collector.
They Must Prove That You Owe the Debt
No bill collector can demand that you pay a debt without first proving to you that the debt is actually yours. They have to do this with a letter, which tells you who the original creditor was, the amount of the original debt and an accounting of any fees that have been added to it. If you don't think the debt is yours, you can dispute it by sending the collector a letter telling them that the debt isn't yours. In order for them to continue collections, they will have to prove that it is. It's important that you dispute it if you don't believe the debt is yours; otherwise, the debt collector will have the right to assume that it's yours.
They Must Treat You With Respect
The old debt collection tactics involved humiliating or embarrassing someone into paying. A debt collector would make empty threats, call people names, insult them and demean them for not paying their bills on time. But the Fair Debt Collection Practices Act prohibits this kind of behavior from a debt collector. Instead, they must treat you with respect, and not attempt to belittle or demean you-even if you owe the debt.
A bill collector also isn't allowed to talk to other people about your debt, and that includes coworkers, your family, neighbors or your friends. If they call someone to try and locate you, they aren't allowed to tell them why they are looking for you, or identify themselves as a debt collector. They're only allowed to call a third party a second time if that person invites them to.
They Must Tell You Who They Are
Years ago, a bill collector may have called a consumer and pretended to be law enforcement, the IRS, an investigator or an attorney in order to scare a consumer into paying up. But thankfully, those debt collection practices have been outlawed by the Fair Debt Collection Practices Act. The law states that a debt collector must identify himself or herself as such whenever they contact you. But they can't do so in a way that would embarrass you. For instance, they can't leave a message that talks about your debt on an answering machine where others could hear it, and if they communicate with you by mail, they can't mark the envelope in a way that would allow others to know that the letter is from a debt collector.
The Fair Debt Collection Practices Act has done a lot to ensure that consumers are protected from predatory debt collectors. But the law isn't effective unless people understand their rights. If you're being harassed by a debt collector, learn your rights and stand up to them. After all, the law is on your side.
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