A debt collector generally is a person or company that regularly collects debts owed to others, usually when those debts are past-due. This includes collection agencies, lawyers who collect debts as part of their business, and companies that buy delinquent debts and then try to collect them. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
As the debt relief company is negotiating with your creditors, you stop paying the bills involved (e.g. monthly credit card bills). Instead, you will be making smaller payments to a separate trust account to pool in your resources. Ultimately you will need to come up to the pre-planned amount that you agreed to with the debt relief expert handling your case.
Always keep in mind when dealing with services like debt relief that many customer view it as a magic pill to solve all their debt problems and make them financially stable, which is not the case. There are no guarantees when it comes to debt relief. These companies try to work with customers to lower their debt burden, but they aren’t going to work miracles.
When you first create a financial plan, you never know what the results will be. Sometimes, it can even be a little scary to see how things will look if you don’t make any adjustments. The key is to have patience. Financial planning is a process and not an overnight event. In creating a financial plan, focus on the things that you can control and keep a long-term perspective.
Free advice from credit counseling agencies is available. Several different organizations, all of which are non-profits, operate across the country. A number of agencies operate regionally as well. They provide a number of low cost or free debt reduction programs, offer ways to improve credit scores, can advise on filing for bankruptcy, offer budgeting services, and in general provide information on ways to gain control of your bills. Find a listing of non-profit credit counseling agencies.
Since debt management plans are individually tailored to each consumer, one plan can be wildly different than the next. McClary said your plan can vary depending on how much debt you owe, your current interest rates and payments and how your interest rates and fees are negotiated down. This is a huge benefit for consumers since debt management plans come with specific advice instead of blanket solutions that may or may not work.
“The first thing a person needs to do is take a close look at how they got into debt in the first place,” advised Carolyn McClanahan, M.D., CFP, who began her career as a physician and is now founder of a financial planning group called Life Planning Partners LLC, based in Jacksonville, Fla. “They should identify what triggered the situation or any bad habits that might have led to their debt, so that they don’t repeat those things going forward. Then, they need to make an actionable plan to figure out how to get out of debt.”
Credit Score Issues: One thing is certain: your credit score will be damaged. The lender, collector or credit-card company will report the debt as “settled for less than agreed’’ or “settlement accepted’’ for seven years. Also, even though you are dealing with the debt-settlement company for payments, the lenders will report late-payment status updates to the credit bureaus. That could be the case until the account is actually settled.
It may not be the right option if you would have to give up property you want to keep. The rules vary by state. Typically, certain kinds of property are exempt from bankruptcy, such as motor vehicles up to a given value and part of the equity in your home, but you usually have to give up a second car or truck, family heirlooms, vacation homes and any valuable collections.
Chapter 13 is a three- or five-year court-approved repayment plan, based on your income and debts. If you are able to stick with the plan for its full term, the remaining unsecured debt is discharged. It will take longer than a Chapter 7 — but if you are able to keep up with payments (a majority of people are not), you will get to keep your property. A Chapter 13 bankruptcy stays on your credit report for seven years from the filing date.
If you're unsure of all the accounts you may have open, especially those that might be in collections, you can check your free credit report. It will show what creditors are currently reporting to the credit bureau, including your most-recently reported balances and contact information for the accounts. (Your banks and credit card issuers will have the most up-to-date information.)
The interest rate of your loans has no effect on your credit. You will pay off the loans quicker if you concentrate on the high-interest rate loans and as a result your credit utilization ratio will go down which will improve your credit, but you could achieve a lower credit utilization by paying off the loans with the lower interest rate as well so your statement is misleading.
Gerri Detweiler focuses on helping people understand their credit and debt, and writes about those issues, as well as financial legislation, budgeting, debt recovery and savings strategies. She is also the co-author of Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights, and Reduce Stress: Real-Life Solutions for Solving Your Credit Crisis as well as host of TalkCreditRadio.com.
Student loans:The federal government and private lenders issue loans to cover education costs. Federal student loans generally have a low interest rate and important borrower protections. Working in a qualifying public-service job entitles you to loan forgiveness after 120 on-time payments. Income-based payment plans also cap payments and allow a portion of your loan to be forgiven. While private student loans don't come with all these protections, rates may still be relatively low. And if your income is below $80,000 as a single or $165,000 if married filing jointly, you can deduct up to $2,500 in student loan interest from your taxes. Because of these perks, you may not want to pay off student debt early.
I have a rental duplex and it is underwater, owe about 85,000 worth about half that much. At 65 I am thinking about walking away because it is getting too costly to maintain. Detroit is in crisis and I don’t feel safe going there for rents. I spoke to my mortgage company and they stated they couldn’t help me under the President new laws for rental property. I am concern about my credit if I walk away, even at my age. When you are not rich you need good credit.
Our credit was pretty good, around 700-730 but we were in a never ending circle or debt, with high interest rates we never saw an end in sight. We’ve been making payment now for about 3 months (it takes awhile for your creditors to accept a negotiated rate/payment from CareOne) and now we feel so much more comfortable. We now have thousands of dollars in savings, lots of money in our checking, and most importantly we are finally putting a dent in our debt because it dropped our interest rates so much- some to 2%.
In addition to using the free services from a non-profit, or working with the lender, there are steps that you can take yourself that can help you reduce your debt. It often combines budgeting as well as working out a solution with the lender. Some of those assistance programs range from payment plans to interest rate reductions or forbearance. It is also important for families to know the difference between bad debt and good debt, so when someone should borrow money or not. The fact is that families, no matter their income, need all the assistance they can get in order to become debt free and pay outstanding bills.
InCharge does not report your participation in a debt management program or plan to the credit bureaus, however your creditors might. Your credit score may decrease when your credit cards are closed and then increase as you make consistent on-time payments over the course of the program. Every person’s credit situation is different. In order to better understand how a debt management program may affect your credit score, learn more about how credit scores are calculated.