Resolving your debt.
In the last section we covered your rights against harassment
and abuse by collectors. We also covered some options that your
creditor may have to help you resolve your delinquent debt.
Again I repeat that this is not legal advice but a guideline of
your rights and options. Before we begin I would like to share a
little info about myself. I was a collector for about 10 years
until health problems forced me to leave the profession in 2003.
I was really proficient and often resolved account no one else
could. My supervisors would sometimes have poor performers sit
next to me and the next month they would be getting bonus money.
With that experience I may have some insight to share.
If your account is in collections and you simply can't catch
them up you still have options. We will explore all of them.
1) Check with your creditor to see what programs they may have
to assist.
2) Pay the furthest past due payment each month.-This doesn't
catch you up ever but it keeps the situation from getting worse
3) Consumer Credit Counseling--- there are many different
organizations that do this. Some of them are businesses, some
are not for profit. Check with the United Way. You simply pay
them a set amount each month and they disperse it to your
creditors. Most creditors will give special benefits to someone
on this program. Typically they will bring the account current
after 3 consecutive payments.(Similar to the cure program
discussed in previous chapter) Since your account is current
then, there are no late fees assessed. Additionally and perhaps
even more beneficial is that most will reduce interest.
Typically they drop the interest rate, usually to 6%-9%. Your
creditors policy may be different. Your creditor will probably
close your account for future charges with this option. In some
case this option may save your creditor from being ruined by
late payments.
4) Bankruptcy--This is also an option. Individual bankruptcy can
be either 1 of 2 chapters. 7 is a straight liquidation. In other
words, all of your unsecured debt is wiped out if the court
approves your bankruptcy. You still must pay for your secured
debts if you wish to keep them. The court MAY force you to sell
some of your assets. But just because you file Chapter 7 doesn't
mean you will lose your home or car. If you are at this point I
strongly advise you to consult an attorney on what filing would
mean to you. Chapter 13 is similar except that your delinquent
payments are paid over a period of 3 to 5 years in addition to
your current payments. You may have to pay all, none or a small
percentage of your unsecured debt over the term of the plan.
Again if you feel this is an option then consult an attorney. If
you decide this is the option for you then be aware of these
facts. Once you notify your creditor that you have retained an
attorney for bankruptcy and give them the attorneys name and a
way to contact them, the creditor MUST stop all collection
activity for " a reasonable time". Once the case has been filed
thay must stop all collection activity against you.
FAQ
Q I mentioned to the collectors that I may file bankruptcy. They
said not to because my credit will be ruined for 10 years. Is
this true.
A. First lets look at who told you that. A collector. His/her
job is to get you to pay the debt. He may or may not get a bonus
off getting you to pay. What is true is that it will report on
your credit bureau for up to 10 years. Maybe even less. Will you
ever be able to get credit again? Most likely. It depends on
many factors. What is true that it may be more difficult to get
credit but not impossible. You may also pay a higher interest
rate than you would if you had never went past due. I personally
had to file a chapter 7 in 1996 after my son was in accident
with medical bills over