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Knee-Deep
In Debt
Having trouble paying your bills? Getting dunning
notices from creditors? Are your accounts being turned over to debt collectors? Are you
worried about losing your home or your car?
You're not alone. Many people face financial crises at some time in their lives.
Whether the crisis is caused by personal or family illness, the loss of a job, or simple
overspending, it can seem overwhelming, but often can be overcome. The fact of the matter
is that your financial situation doesn't have to go from bad to worse.
If you or someone you know is in financial hot water, consider these options: realistic
budgeting, credit counseling from a reputable organization, debt consolidation, or
bankruptcy. How do you know which will work best for you? It depends on your level of
debt, your level of discipline, and your prospects for the future.
Self Help
Developing a Budget: The first step toward taking control of your
financial situation is to do a realistic assessment of how much money comes in and how
much money you spend. Start by listing your income from all sources. Then, list your
"fixed" expenses-those that are the same each month-such as your mortgage
payments or your rent, car payments, or insurance premiums. Next, list the expenses that
vary, such as entertainment, recreation, or clothing. Writing down all your expenses-even
those that seem insignificant-is a helpful way to track your spending patterns, identify
the expenses that are necessary, and prioritize the rest. The goal is to make sure you can
make ends meet on the basics: housing, food, health care, insurance, and education.
Your public library has information about budgeting and money management techniques.
Low cost budget counseling services that can help you analyze your income and expenses and
develop budget and spending plans also are available in most communities. Check your
Yellow Pages or contact your local bank or consumer protection office for information
about them. In addition, many universities, military bases, credit unions, and housing
authorities operate nonprofit counseling programs.
Contacting Your Creditors: Contact your creditors immediately if you
are having trouble making ends meet. Tell them why it's difficult for you, and try to work
out a modified payment plan that reduces your payments to a more manageable level. Don't
wait until your accounts have been turned over to a debt collector. At that point, the
creditors have given up on you.
Dealing with Debt Collectors: The Fair Debt Collection Practices Act
is the federal law that dictates how and when a debt collector may contact you. A debt
collector may not call you before 8 a.m., after 9 p.m., or at work if the collector knows
that your employer doesn't approve of the calls. Collectors may not harass you, make false
statements, or use unfair practices when they try to collect a debt. Debt collectors must
honor a written request from you to cease further contact.
Credit Counseling
If you aren't disciplined enough to create a workable budget and stick to it, can't
work out a repayment plan with your creditors, or can't keep track of mounting bills,
consider contacting a credit counseling service. Your creditors may be willing to accept
reduced payments if you enter a debt repayment plan with a reputable organization. In
these plans, you deposit money each month with the credit counseling service. Your
deposits are used to pay your creditors according to a payment schedule developed by the
counselor. As part of the repayment plan, you may have to agree not to apply for-or
use-any additional credit while you're participating in the program.
A successful repayment plan requires you to make regular, timely payments, and could
take 48 months or longer to complete. Ask the credit counseling service for an estimate of
the time it will take to complete the plan. Some credit counseling services charge little
or nothing for managing the plan; others charge a monthly fee that could add up to a
significant charge over time. Some credit counseling services are funded, in part, by
contributions from creditors.
While a debt repayment plan can eliminate much of the stress that comes from dealing
with creditors and overdue bills, it does not mean you can forget about your debts. You
still are responsible for paying any creditors whose debts are not included in the plan.
You are responsible for reviewing monthly statements from your creditors to make sure your
payments have been received. If your repayment plan depends on your creditors agreeing to
lower or eliminate interest and finance charges, or waive late fees, you are responsible
for making sure these concessions are reflected on your statements.
A debt repayment plan does not erase your credit history. Under the Fair Credit
Reporting Act, accurate information about your accounts can stay on your credit report for
up to seven years. In addition, your creditors will continue to report information about
accounts that are handled through a debt repayment plan. For example, creditors may report
that an account is in financial counseling, that payments may have been late or missed
altogether, or that there are write-offs or other concessions. A demonstrated pattern of
timely payments will help you obtain credit in the future.
Auto and Home Loans: Debt repayment plans usually cover unsecured
debt. Your auto and home loan, which are considered secured debt, may not be included. You
must continue to make payments to these creditors directly.
Most automobile financing agreements allow a creditor to repossess your car any time
you're in default. No notice is required. If your car is repossessed, you may have to pay
the full balance due on the loan, as well as towing and storage costs, to get it back. If
you can't do this, the creditor may sell the car. If you see default approaching, you may
be better off selling the car yourself and paying off the debt: You would avoid the added
costs of repossession and a negative entry on your credit report.
If you fall behind on your mortgage, contact your lender immediately to avoid
foreclosure. Most lenders are willing to work with you if they believe you're acting in
good faith and the situation is temporary. Some lenders may reduce or suspend your
payments for a short time. When you resume regular payments, though, you may have to pay
an additional amount toward the past due total. Other lenders may agree to change the
terms of the mortgage by extending the repayment period to reduce the monthly debt. Ask
whether additional fees would be assessed for these changes, and calculate how much they
total in the long term.
If you and your lender cannot work out a plan, contact a housing counseling agency.
Some agencies limit their counseling services to homeowners with FHA mortgages, but many
offer free help to any homeowner who's having trouble making mortgage payments. Call the
local office of the Department of Housing and Urban Development or the housing authority
in your state, city, or county for help in finding a housing counseling agency near you.
Debt Consolidation
You may be able to lower your cost of credit by consolidating your debt through a
second mortgage or a home equity line of credit. Think carefully before taking this on.
These loans require your home as collateral. If you can't make the payments-or if the
payments are late-you could lose your home.
The costs of these consolidation loans can add up. In addition to interest on the loan,
you pay "points." Typically, one point is equal to one percent of the amount you
borrow. Still, these loans may provide certain tax advantages that are not available with
other kinds of credit.
Bankruptcy
Personal bankruptcy generally is considered the debt management option of last
resort because the results are long-lasting and far-reaching. A bankruptcy stays on your
credit report for 10 years, making it difficult to acquire credit, buy a home, get life
insurance, or sometimes get a job. However, it is a legal procedure that offers a fresh
start for people who can't satisfy their debts. Individuals who follow the bankruptcy
rules receive a discharge-a court order that says they do not have to repay certain debts.
There are two primary types of personal bankruptcy: Chapter 13 and Chapter 7. Each must
be filed in federal bankruptcy court. The current fees for seeking bankruptcy relief are
$160: a filing fee of $130 and an administrative fee of $30. Attorney fees are additional.
Chapter 13 allows persons with a steady income to keep property, like
a mortgaged house or a car, that they otherwise might lose. In Chapter 13, the court
approves a repayment plan that allows you to use your future income to pay off a default
during a three-to-five-year period, rather than surrender any property. After you have
made all payments under the plan, you receive a discharge of your debts.
Known as straight bankruptcy, Chapter 7 involves liquidation of all
assets that are not exempt. Exempt property may include automobiles, work-related tools
and basic household furnishings. Some of your property may be sold by a court-appointed
official-a trustee-or turned over to your creditors. You can receive a discharge of your
debts through Chapter 7 only once every six years.
Both types of bankruptcy may get rid of unsecured debts and stop foreclosures,
repossessions, garnishments, utility shut-offs, and debt collection activities. Both also
provide exemptions that allow people to keep certain assets, although exemption amounts
vary. Note that personal bankruptcy usually does not erase child support, alimony, fines,
taxes, and some student loan obligations. And unless you have an acceptable plan to catch
up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property
when your creditor has an unpaid mortgage or lien on it.
Damage Control
Turning to a business that offers help in solving debt problems may seem like a
reasonable solution when your bills become unmanageable. Be cautious. Before you do
business with any company, check it out with your local consumer protection agency or the
Better Business Bureau in the company's location.
Some businesses that offer debt counseling and reorganization plans may charge high
fees and fail to follow through on the services they sell. Others may misrepresent the
terms of a debt consolidation loan, failing either to explain certain costs or to mention
that you're signing over your home as collateral. Businesses advertising voluntary debt
reorganization plans may not explain that the plan is a Chapter 13 bankruptcy, tell you
everything that's involved, or help you through what can be a complex and lengthy legal
process.
In addition, some companies guarantee you a loan if you pay a fee in advance. The fee
may range from $100 to several hundred dollars. Resist the temptation to follow up on
advance-fee loan guarantees. They may be illegal. Many legitimate creditors offer
extensions of credit through telemarketing and require an application or appraisal fee in
advance. But legitimate creditors never guarantee that the consumer will get the loan-or
even represent that it is likely. Under the federal Telemarketing Sales Rule, a seller or
telemarketer who guarantees or represents a high likelihood of your getting a loan or some
other extension of credit may not ask for or receive payment until you've received the
loan.
You should also avoid credit repair clinics. Companies coast to coast appeal to
consumers with poor credit histories, promising to clean up credit reports for a fee. They
don't deliver. What's more, they can't deliver: They can't do anything for you that you
can't do for yourself. After you pay them hundreds-or even thousands-of dollars in
up-front fees, they can do nothing to improve your credit report. Indeed, many simply
vanish with your money. Only time and a conscientious effort to repay your debts will
improve your credit report.
If you're thinking about getting help to stabilize your financial situation, be
cautious.
Find out what services the business provides and what it costs.
Don't rely on oral promises. Get everything in writing.
Check out any company with your local consumer protection office and the
Better Business Bureau in the company's location. They may be able to tell you whether
other consumers have registered complaints about the business.
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