Debt Consolidation |
Your Debt Options |
Common Debt Terms |
Financial Services |
Debt Counseling Agencies |
Credit Repair Agencies |
Debt Prevention |
Managing Debt | Debt Warning Signs
These questions will help you to
review a debt consolidation agency or debt consolidation loan, the
services they offer, and the terms of the agreement to which you're
entering. Be sure to consider several companies before choosing to do
business with any organization.
Questions to Ask:
-
Did the seller, ad or
telemarketer guarantee your ability to receive a loan or line of credit?
Do they require advanced payment? Be suspicious. Legitimate lenders will
not "guarantee" that you will get a loan or a credit card before you
apply, especially if you have bad credit, or a bankruptcy.
-
Did a telemarketer selling this
service request a credit card account number, bank account information,
or your Social Security number from you over the telephone? This is a
red flag! Never give out this information unless you are familiar with
the company and know why the information is necessary.
-
Did you find advertisements for
this service or company in the classified ad section of a newspaper or
magazine, or in mailings, radio spots, or on local cable stations?
Beware of these companies - they often represent scams, or require you
to call expensive "900" numbers to learn about their service.
-
Does the company use delivery
systems other than the U.S. Postal Services, such as overnight or
courier services? This may be an attempt to avoid detection and
prosecution by postal authorities.
-
Is there an advanced-fee or
application fee required, but no supposed "guarantee" of receiving a
loan or line of credit? It is an accepted and common practice for
reputable lenders to require payment for a credit report or appraisal.
You also may have to pay a processing or application fee.
-
Does the offer of credit require
your verbal or written acceptance of the loan or credit offer? Is the
application subject to a check of your credit report to make sure you
meet their credit standards? Is the application fee minimal? These are
generally good signs of a legitimate loan or extension of credit.
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If you are facing large debts and
financial difficulty, there are a number of options and resources
available to help you.
These options can range from simple solutions, like
budgeting, to the last resort option of bankruptcy. Based on your level of
debt, your level of discipline, and your prospects for the future, you'll
have to determine which is the best option for you.
Self-Help
Self-help may be your best option
when dealing with debt and credit problems. Develop a budget to help
realistically assess your income and expenses, and to help curb excessive
spending. Your public library has information about budgeting and money
management techniques. Low cost financial counseling services are also
available in most communities. You may be able to contact your creditors
directly to negotiate modified payment plans. If your credit history is
less-than-perfect, time and responsible money management are your best
resources. Be sure to contest any incorrect or out-dated information which
may be negatively affecting your credit.
Credit Counseling
If you're unable to resolve debt
problems on your own, consider contacting a credit counseling service;
they can help eliminate much of the stress of dealing with financial
problems on your own. These services will help you establish a debt
repayment plan and may help you reduce repayments with creditors. Some
credit counseling services charge little or nothing for managing the plan,
while others may charge a monthly fee.
Debt Consolidation
You may be able to lower your cost
of credit by consolidating your debt through a second mortgage or home
equity line of credit. These loans may add up cost-wise, but may
alternatively provide certain tax advantages not available with other
kinds of credit. This option requires careful consideration, however, as
these loans may require your home as collateral.
Credit Repair Services
Credit Repair companies offer help
in cleaning up your credit report. For a fee, they can help you dispute
incorrect or inaccurate information in your credit history which may be
damaging your credit rating. Be aware, however, that no one can legally
remove accurate and timely negative information from your credit report.
Also, keep in mind that everything a credit repair clinic can do for you
legally, you can also do for yourself at little or no cost. Ultimately
only time and a conscientious effort to repay your debts will improve your
credit report.
Bankruptcy
Turning to a third-party or
business that offers help in solving debt problems may seem like a perfect
solution when your bills or credit become unmanageable, but you need to be
cautious. Before you commit to anything, be sure to:
-
Find out exactly what services
the business provides and what it will cost
-
Get everything in writing; never
rely on oral promises alone
-
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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Lots of terminology when dealing
with debt and debt consolidation - make sure you know who's who.
Debtor
Any person currently using credit
cards, holding a personal loan, paying on a home mortgage, or borrowing
money from another party with an arrangement to repay credit or loans over
a period of time, usually with interest.
Creditor
Any bank, mortgage lender, credit
company, retailer or other business extending credit or issuing loans to
consumers.
Debt Collector
Any person who regularly collects
debts owed to others, including attorneys who collect debts on a regular
basis.
Third-party Financial
Assistance
Credit Counseling, Credit Repair,
Debt Consolidation, or other Agencies offering financial assistance to
consumers. Some agencies are for-profit, while others are not-for-profit,
often funded by communities, governments, or even creditors.
Secured Debts
Secured debts are typically tied
to an asset, like a car for a car loan, or a house for a mortgage. If
payments are missed, the lender can repossess the asset. Secured debts are
usually not included in credit counseling and debt management plans.
Unsecured Debts
Unsecured debts are not tied to
any asset. Examples of unsecured debts include credit card debt, medical
bills, signature loans, and debts for other types of service.
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When your debt situation becomes
unmanageable, turning to a service that offers help in solving debt or
credit problems may seem like a reasonable action. Some things to look for
below.
Many debt and credit agencies
offering too-good-to-be-true solutions to your financial problems, are
just that - too good to be true. Some businesses that offer debt
resolution or credit repair plans may charge high or hidden fees and fail
to follow through on the services they sell. Others may misrepresent the
terms of their service, failing either to explain certain costs or to
disclose the complete terms of the agreement.
The following questions will help you to carefully review a company, the
services they offer, and the terms of the agreement you're entering in to.
Be sure to consider several companies before choosing to do business with
any organization.
Things to Consider:
-
Check out any company with your
state Attorney General, 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.
-
Any reputable company should
send you free information about itself and the services it provides
without requiring you to provide any details about your situation. If
not, consider that a red flag and go elsewhere for help.
-
Don't rely on oral promises.
Always get everything in writing.
-
Educate yourself fully and use
good sense when entering any financial arrangement.
Questions to Ask:
-
What services does the company
offer, and how will they help your situation?
-
What are the costs and fees of
the company's service? What is the basis for their fees? Will you be
charged anything before the company can/will help me?
-
Will there be a formal written
agreement or contract?
-
Will you be working with agent
or several? Are the company's agents accredited or certified? If not,
how are they trained?
-
Who regulates, oversees and/or
licenses this company? Is their company audited?
-
Where does the company receive
their funding? Are they a non-profit, or for-profit organization?
-
Does the company offer
educational materials? If so, will they send them to you, or can you
access them on the Internet? Is there a cost for these materials?
-
After helping you solve your
immediate problem, will the company help you develop a plan for avoiding
problems in the future?
-
What is the company's privacy
policy? Can/will they assure you that information about you (including
your address and phone number) will be kept confidential?
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These questions will help you to
review a debt counseling or debt management agency, the services they
offer, and the terms of the agreement to which you're entering. Be sure to
consider several companies before choosing to do business with any
organization.
Questions to Ask:
-
How much debt must you have to
qualify for their services?
-
How is your monthly payment
determined? What if this is more than you can afford?
-
How does the company's debt
repayment plan work?
-
Will the company be able to
negotiate with your creditors to eliminate/lower interest and finance
charges or waive late fees?
-
Which of your debts will qualify
for inclusion in the debt repayment plan? Will the company help you plan
for payment of debts not included in the plan?
-
What happens if you can't
maintain the payments and other conditions of the debt repayment plan?
-
How will you know your creditors
have received payments? Is client money put in a separate account from
operating funds?
-
Are you able to access status
reports on my account? Are they available online or by phone? How often
can you access them?
-
Who will help you if you have
problems with your accounts or creditors?
-
How secure is the information
you provide to the company?
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These questions will help you to
review a credit repair service or agency, the services they offer, and the
terms of the agreement to which you're entering. Be sure to consider
several companies before choosing to do business with any organization.
Questions to Ask:
-
What services does this company
offer? Is it worthwhile to you to pay someone else to do something you
can do for yourself for free? Credit repair companies cannot legally do
anything to improve your credit that you cannot do for yourself.
-
Does the company promise to
remove bad credit information from your report? Remember that no one can
legally remove legitimate bad credit information from your credit
history. The only information that can be changed, amended, or corrected
is incorrect or outdated information.
-
Does the company freely disclose
their fee-schedule and cost of service, including monthly fees,
per-service fees, and other costs? Is an advance-fee required before
they will take your case?
-
Does the company offer an
unrealistically quick solution to your credit problem? Only time and a
conscientious effort to repay your debts will improve your credit
report.
-
Does the company clearly explain
your legal rights and what you can do for yourself for free?
-
Does the company prevent you
from, or recommend that you not contact a credit bureau on your own?
-
Does the company suggest that
you try to invent a "new" credit report by applying for an Employer
Identification Number to use instead of your Social Security number?
This is not a legal solution - it is a federal crime to obtain an
Employer Identification Number from the IRS under false pretenses.
-
Does the company advise you to
dispute all information in your credit report or take any action that
seems illegal, such as creating a new credit identity? Be very cautious!
If you follow illegal advice and commit fraud, you may be subject to
prosecution.
-
Does the contract include
specific information about: 1) the payment for services, including their
total cost; 2) a detailed description of the services to be performed;
3) how long it will take to achieve the results; 4) any guarantees they
offer; and 5) the company's name and business address? The Credit Repair
Organizations Act requires that this specific information is included in
your contract. Read carefully to be sure you understand the terms of
your agreement and ensure the contract includes clear explanations of
all required information.
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The best way to deal with debt and
other financial problems is to avoid them. Develop positive financial
habits and build a good personal credit history by following a few simple
rules.
-
Pay all your bills on time
- This will prove your reliability and ensures that you are a consistent
and responsible consumer, not to mention saving the expense of costly
late fees.
-
If you can afford to, make
more than your minimum payments - Paying more than the minimum
balance will help you to eliminate the principle debt more quickly.
Otherwise you may be paying mostly on interest.
-
Keep an eye on your debt
- Your creditors assign a credit limit based on your credit history,
outstanding indebtedness, and income. If you are at or near your limit
it is a good sign that you're headed for trouble.
-
Keep an eye on your available
credit - Multiple accounts and high credit limits could result in
excessive debt in the future.
-
Stay informed about your
credit - Check your credit report regularly and dispute any
inaccuracies.
-
Start and maintain your
personal savings - Savings are an important way to protect yourself
in the event of an unexpected financial situation.
-
Be honest with yourself about
your financial situation - Only personal effort, prudence, and
planning can repair problems and ensure a healthy financial future.
-
Create a budget (and follow
it!) - Make sure that your style of living and your income are in
complete agreement. Regularly analyze your budget and make adjustments
as necessary.
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If you or someone you know is
facing debt problems, there are a number of options to consider. These
options can range from the simple solutions, like budgeting, to more
involved solutions such as credit counseling or debt consolidation, to the
last resort option of bankruptcy.
Develop a Budget
Your first step toward improving
your financial situation is to realistically assess your income and your
expenses. By prioritizing your expenses, identifying those that are
necessary and cutting back on the rest, your can start to track and
control your spending.
Contact Your Creditors
Contact your creditors right away
if you are having trouble making your payments. Explain the difficulty and
try to work out a modified payment plan that reduces your payments to a
more manageable level.
Deal with Debt Collectors
Federal laws, like The Fair Debt
Collection Practices Act, dictates how and when a debt collector may
contact you. Know your personal rights regarding debt collection.
Credit Counseling
If you're unable to resolve debt
problems on your own, consider contacting a credit counseling service;
they can help eliminate much of the stress of dealing with financial
problems on your own. These services will help you establish a debt
repayment plan and may help you reduce payments with creditors.
Auto and Home Loans
If you see default approaching
with your auto loan, consider selling the car yourself and paying off the
debt, thus avoiding 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.
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. These loans may add up cost-wise, but may
alternatively provide certain tax advantages not available with other
kinds of credit. This option requires careful consideration, however, as
these loans require your home as collateral.
Bankruptcy
Personal bankruptcy is usually
considered the last resort of debt management because results are
long-lasting and far-reaching. A bankruptcy stays on your credit report
for 10 years, which makes 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. You'll
probably need to seek financial and/or legal counsel before deciding
whether this option is appropriate for your situation.
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Many times we don't see the signs
of a financial trouble until it's too late. But a debt crisis doesn't
occur overnight. There are many warning signs that may indicate that your
debt situation may be getting out of control. Following are a list
important warning signs:
-
Do you pay only monthly minimums
or occasionally miss payments on charge accounts and credit cards? Are
your cards nearing or over your available credit limit?
-
Do you depend on overtime or
multiple jobs to cover monthly bills?
-
Do you often borrow from friends
and relatives or depend on cash advances to cover basic expenses or pay
your credit obligations?
-
Do you find it impossible to
save money or find yourself exhausting savings as a way of supporting
your debts?
-
Do you often float or bounce
checks, hoping that checks you've written don't clear the bank before
payday?
-
Can you account for the total
amount of debt that you owe? Do you avoid adding up the total of the
amount of your outstanding debt or purposely hide credit card bills from
family members?
-
Are you considering, or have you
consolidated debts by borrowing from a high-interest lender?
-
Do you panic when faced with an
unexpected expense, such as car repairs?
If you find yourself struggling
with any or all of the items listed above, you may be living beyond your
income, depending on credit, cash advances, or loans to maintain your
lifestyle. If you're stretched to the limit financially, you may find that
when unexpected expenses arise, you can quickly lose control of your
already shaky financial situation.
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