Managing
Your Debts:
How to Regain
Financial Health |
"With
budgeting guidance, we now have peace of mind. We have learned a most
valuable lesson about money management. Our future looks brighter."
Linda R. |
Can't pay your bills? You're not alone. Today,
millions of Americans are having difficulty paying their debts. Most of
those in financial distress are middle income families with jobs who want
to pay off what they owe.
But it is important for
you to act. Doing nothing can lead to much larger problems in the
future-even bigger debts, the loss of assets such as your house, and a bad
credit record. |
The good news is that there
are solutions. The remedies provided in this brochure can help improve
your relationships with creditors, reduce your debts, and help you manage
your money. In brief, these solutions can help give you a new, fresh
start. |
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| ARE
YOU IN FINANCIAL TROUBLE?
If bill collectors are calling you, you know you're
in financial trouble. But what if you're just having difficulty stretching
your paycheck to pay monthly bills? If you answer yes to any one of the
following questions, you should act.
- Do you routinely spend more than you earn?
- Are you forced to make day-to-day purchases on
credit?
- Are you able to make only the minimum payments on
monthly credit card debts?
- If you lost your job, would you have difficulty
paying next month's bills?
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WHAT
YOU CAN DO FOR YOURSELF
Review your specific
obligations that creditors claim you owe to make certain you
really owe them. If you dispute a debt, first contact the creditor
directly to resolve your questions. If you still have questions about the
debt, contact your state or local consumer protection office or state
Attorney General.
Contact your creditors
to let them know you're having difficulty making your payments. Tell them
why you're having trouble- perhaps it's because you recently lost your job
or have unexpected medical bills. Try to work out an acceptable payment
schedule with your creditors. Most are willing to work with you and will
appreciate your honesty and forthrightness. |
| The
Fair Debt Collection Practices Law prohibits a debt collector from
showing what you owe to anyone but your attorney, harassing or threatening
you, using false statements, giving false information about you to anyone,
and misrepresenting the legal status of your debts. Remember that under
other federal laws to collect debts, creditors cannot seize most
government assistance and can only garnish a portion of wages to collect
debts. |
|
"Looking
closely at our options helped us realize that
we still needed to try self-budgeting before taking
more extreme measures. We think that perhaps we
were giving up too soon."
Alicia A. |
| Budget
your expenses. Create a spending plan that allows you to reduce
your debts. Itemize your necessary expenses (such as housing and health
care) and optional expenses (such as entertainment and vacation travel).
Stick to the plan.
Try to reduce your
expenses. Cut out any unnecessary spending such as eating out
and purchasing expensive entertainment. Consider taking public
transportation rather than owning a car. Clip coupons, purchase generic
products at the supermarket, and avoid impulse purchases. Above all, stop
incurring new debt. Consider substituting a debit card for your credit
cards. |
Use
your savings and other assets to pay down debts. Withdrawing
savings from low-interest accounts to settle high-rate loans usually makes
sense. Selling off a second car not only provides cash but also reduces
insurance and other maintenance expenses.
Look for additional
resources from governmental and private sources for which you
may be eligible. Government assistance includes unemployment compensation.
Aid to Families with Dependent Children (AFDC), food stamps, low-income
energy assistance, Medicaid, and Social Security including disability.
Other resources may be available from churches and community groups. Often
these sources are listed in the Yellow Pages of your phone book. |
|
"I
cannot tell you how happy I am to finally to able to
control my finances now that I have followed a budget.
So far, so good. I actually have a balance in
my savings account!"
Rodney O. |
| WHAT
OTHERS CAN DO FOR YOU
Credit Counseling.
If you are unable to make satisfactory arrangements with your creditors,
there are organizations that can help. The National Foundation for
Consumer Credit has local, nonprofit members that provide education and
counseling to families and individuals. Locally, many of these
organizations are called "Consumer Credit Counseling Service."
For consumers who want
individual help, CCCS counselors with professional backgrounds in money
management and counseling can provide support. To promote high standards,
the NFCC has developed a certification program for these counselors. A
counselor will work with you to develop a budget to maintain your basic
living expenses and outline options for addressing your total financial
situation. |
If creditors are pressing you, a CCCS counselor can also negotiate with
these creditors to repay your debts through a financial management plan.
Under this plan, creditors often agree to reduce payments, lower or drop
interest and finance charges, and waive late fees and over-the-limit fees.
After starting the plan, you will deposit money with CCCS each month to
cover these new negotiated payment amounts. Then CCCS will distribute this
money to your creditors to repay your debts.
With more than 1,100
locations nationwide, CCCS agencies are available to nearly all consumers.
Supported mainly by contributions from community organizations, financial
institutions, and merchants, CCCS provides services free or at a low cost
to individuals seeking help. To contact a CCCS office for confidential
help, look in your telephone directory white pages, or call 1 (800)
388-2227, 24 hours a day, for an office near you. |
|
"Our
bills have been a source of worry to us. After
bringing our problem to credit counselors, we have begun
to feel there is a way to cope with it. We are feeling
more confident now."
Nelson M. |
| Personal
Bankruptcy. Bankruptcy is a legal procedure which can give
people who cannot pay their bills a fresh start. A decision to file for
bankruptcy is a serious step. You should make it only if it is the best
way to deal with financial problems.
There are two types of
bankruptcy available to most individuals. Chapter 13 or
"reorganization" allows debtors to keep property which they
might otherwise lose, such as a mortgaged house or car. Reorganizations
may allow debtors to pay off or cure a default over a period of three to
five years, rather than surrender property.
Chapter 7 or "straight
bankruptcy" involves liquidation of all assets that are not exempt in
your state. The exempt property may include items such as work-related
tools and basic household furnishings, among others. Some of your property
may be sold by a court-appointed official or turned over to your
creditors. You can file for Chapter 7 only once every six years.
Both types of bankruptcy
may get rid of unsecured debts (those where creditors have no rights to
specific property), and stop foreclosures, repossessions, garnishments,
utility shutoffs, and debt collection activities. Both types also provide
exemptions that permit most individual debtors to keep most of their
assets, though these "exemption" amounts vary greatly from state
to state. |
Bankruptcy cannot clean up a bad credit record and will be part of this
record for up to ten years. It can, for example, make it more difficult to
get a mortgage to buy a house. It usually does not wipe out child support,
alimony, fines, taxes, and some student loan obligations. Also, unless
under Chapter 13 you have an acceptable plan to catch up on your debt,
bankruptcy usually does not permit you to keep property when the creditor
has an unpaid mortgage or lien on it.
Bankruptcy cases must be
filed in federal court. The filing fee is $160, which sometimes may be
paid in installments. This fee does not include the fees of your
bankruptcy lawyer.
Choosing a bankruptcy
lawyer may be difficult. Some of the least reputable lawyers make easy
money by handling hundreds of bankruptcy cases without adequately
considering individual needs. Recommendations from those you know and
trust, and from employee assistance programs, are most useful.
Some public-funded legal
services programs handle bankruptcy cases without charging attorney fees.
Or these programs may provide referrals to private bankruptcy lawyers.
Keep in mind that the fees of these attorneys may vary widely. |
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| POSSIBLE
PITFALLS
Credit counselors who
aren't helpful. Often for-profit or non-credentialed counseling
organizations make promises that they cannot or do not keep. Be especially
careful when asked for a large sum of money in advance. To check the
organization's reputation, contact your state Attorney General, consumer
protection agency, or Better Business Bureau.
"Credit repair"
clinics and "credit doctors" have been frequently
criticized for promising that they can remove |
negative information from your credit report. But
accurate information cannot be changed. If information is old or
inaccurate, you can contact a credit bureau yourself and ask that it be
removed.
Risky refinancing options.
When already in financial trouble, second mortgages greatly increase the
risk that you may lose your home. Be wary of any loan consolidations or
other refinancing that actually increase interest owed or require payments
of points or large fees. |
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| A
Final Word: Don't lose hope, even if you despair of ever
recovering financially. You can regain financial health if you act.
Pursuing the options presented in this pamphlet can put you on the road to
financial recovery. |
"It feels
great to be getting
my life (and credit) in order!"
Robyn H. |
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| Visa
U.S.A. and the Consumer Federation of America worked together to produce
this educational brochure. The following organizations also endorse its
content.
American Association of Retired
Persons
Consumer Action
National Consumer Law Center staffers
National Foundation for Consumer Credit
U.S. Consumer Information Center
U.S. Office of Consumer Affairs |
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