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Showing items Tagged with: laws
  • Six bogus beliefs about credit and debt
    Submitted by: Tanisha Warner on October 11, 2012

    Money puzzle

    When it comes to your finances, the only thing more dangerous than a lack of information is a wealth of misinformation. Because of the complex nature of financial laws, responsible consumers with good intentions can find themselves unintentionally making costly mistakes.

    In an effort to help you avoid making decisions that could be hazardous to your financial health, we address six of the most common misbeliefs as they relate to credit and debt:

    1. There is an easy way to fix bad credit. No person or company can legally remove accurate items from your report for a fee. The Fair Credit Reporting Act (FCRA) states that delinquent account information can remain on a consumer's credit bureau file for a seven-year timeframe that starts 180 days after the account becomes delinquent.
    2. Bankruptcy discharges all debts. Debts not dischargeable in bankruptcy will generally include back taxes less than three years old, student loans, alimony, child support and debts incurred through fraud. To avoid foreclosure or repossession, you must ask the bankruptcy courts permission to "reaffirm" your mortgage loan and lease agreement and continue to make your home and auto lease payments. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require a bankruptcy counseling certificate as a prerequisite for filing.
    3. A collector can’t call others about your debts. It may be hard to swallow; however, according to the Fair Debt Collection Practices Act (FDCPA), your collector is permitted to contact other people. They are only supposed to do this to find out where you live, what your phone number is, and where you work. Fortunately, the collector may not divulge the reason for the call to anyone other than you or your attorney. Also, if you don’t tell them otherwise, they can call you at work.
    4. A divorce decree matters to your creditors. Your divorce decree is an agreement between you and your spouse (not your creditors) on how your debts and assets will be divided. Since your creditors were not involved in the settlement and had no input on the results, the contracts you signed with your creditors have not changed and cannot be changed by the divorce decree. Whoever signed the original contract with the creditor will still be obligated to pay the debt after the divorce. That means you are still obligated on these debts and the creditors can report the derogatory status of these accounts on your credit bureau file.
    5. Your creditors cannot change your interest rate. According to the CARD Act of 2009, credit card issuers can make key contract changes to the account terms and agreement, including rate increases, with 45 days' notice. You should also know that many creditors will now raise your interest rates if your credit score declines, even if you have paid their particular account on-time and as-agreed.
    6. If your car gets repossessed, that’s the end of your responsibility. After a vehicle is repossessed, the lender will most likely sell it at auction to the highest bidder and apply the proceeds of the sale to the balance owed on the car. If the sale price is not sufficient to pay the balance due, there will be a “deficiency balance” remaining. You would be legally obligated to pay this deficiency balance. If you do not pay this balance, the creditor can possibly sue you in an effort to try to collect.

    Fortunately, making financial decisions doesn’t have to be confusing. Visit our financial education section to learn more smart money moves.

  • You took home more money last year
    Submitted by: Jessica Horton on February 03, 2012

    More money

    Did you know that your paychecks in 2011 were a bit heftier than in years past? If you didn’t, then you’re not alone. According to a January poll conducted by the National Foundation for Credit Counseling (NFCC), 66 percent of respondents did not realize that, thanks to a 2 percent Social Security tax cut, their paychecks were larger this past year.

    The problem is, if consumers find it that easy to overlook more money in their paycheck, they are likely overlooking the impact their spending habits – even buying one cup of coffee a day – can have on their overall financial situation.

    If you’re wondering how much money a two-percent tax cut really amounts to, consider this: The 2 percent Social Security payroll tax cut puts $1,000 back into the pockets of a family earning $50,000 annually – a significant amount of money that could mean the difference between financial stability and financial distress each month.

    Those aware of the increase appeared to have allocated the money responsibly, with the largest number of respondents indicating they used it to pay off debt, while the second-largest number caught up on past-due bills. Smaller percentages of respondents either increased their retirement contributions or saved the money. Only 1 percent indicated that they spent the money on something for themselves.

    It’s important to remember that the key to financial wellness is having a solid budget – you have to be aware of every penny you spend and every penny you earn.

    The January poll questions and answers are as follows:

    With the 2011 two percentage point payroll tax cut, last year I …

    • … saved most of it (3 percent)
    • … caught up on past-due bills (8 percent)
    • … increased my retirement contributions (4 percent)
    • … treated myself to something special (1 percent)
    • … used it to pay off debt (18 percent)
    • … didn't realize my paycheck was larger (66 percent)

    The NFCC’s January Financial Literacy Opinion Index was conducted from Jan. 1 to Jan. 31, 2012 via the NFCC website (DebtAdvice.org), and was answered by 1,797 individuals.

    Money Management International is a member of the NFCC. The NFCC is the nation’s largest and longest serving national nonprofit credit counseling organization. NFCC Members annually help over three million consumers through close to 800 community-based offices nationwide.

  • Stop collection calls at work
    Submitted by: Kim McGrigg on September 20, 2010

    "How do I stop collection calls to my work phone?" is a commonly asked question to our Ask the Experts advice column.

  • Facts and fiction about charge-offs
    Submitted by: Kim McGrigg on May 14, 2010

    When a credit card company issues you a credit card and you pay regularly on the account, everything is fine. But what happens if you stop paying on the account?

  • Debt has different consequences in different states
    Submitted by: Kim McGrigg on August 05, 2009

    As a consumer, it is important to understand your rights and responsibilities. This is particularly true if you fall behind on debt payments.

    The Fair Debt Collection Practices Act (FDCPA) outlines some hard and fast rules that apply no matter where you live in the U.S. For example, the FDCPA states that a collector may contact you only between 8 a.m. and 9 p.m. Collectors are also forbidden from lying or engaging in unfair practices, such as communicating with you by postcard.

    In addition to the Federal laws, each state sets laws as to what, and how, a creditor can collect on a delinquent account. Some states permit a creditor to garnish a debtor’s wages; others don't (like Texas). Some states exempt just about all assets a debtor has from seizure by a creditor to satisfy the payment of a debt. Other states can force you to sell some of your assets to satisfy a judgment.

    While I don’t recommend packing your bags and moving to Texas to avoid potential wage garnishment, I do recommend knowing what is and is not possible in your state of residence. Unfortunately, learning about your state collection laws is not as easy as it sounds. There are a few law firm Web sites that offer a breakdown of state laws; however, most have disclaimers stating that the information may not be accurate or complete. Laws change constantly making it hard for anyone to maintain a list that is up-to-date.

    The Federal Reserve has the role of protecting consumers (though Congress is currently considering the creation of a new Consumer Financial Protection Agency) and their Consumer Help Web site contains some good general information about consumer issues. For more specific information about your state laws, you can research state statutes related to debt collection or you can contact your local consumer protection office. A list of state and county consumer protection offices can be found on the Federal Citizen Information Center's Web site.

    For more on this topic, also see:

    Consumers ask about debt collection & their rights
    Dealing with someone else's collection calls
    How to resolve three common consumer complaints

    My turn for a disclaimer: I am not an attorney. For legal advice, it is always best to seek legal counsel.

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