Knee Deep in Debt
Having trouble paying your bills? Getting dunning notices from creditors? Are
your accounts being turned over to debt collectors? Are you worried about losing
your home or your car?
You're not alone. Many people face a financial crisis some time in their
lives. Whether the crisis is caused by personal or family illness, the loss of a
job, or overspending, it can seem overwhelming. But often, it can be overcome.
Your financial situation doesn't have to go from bad to worse.
If you or someone you know is in financial hot water, consider these options:
realistic budgeting, credit counseling from a reputable organization, debt
consolidation, or bankruptcy. Debt negotiation is yet another option. How do you
know which will work best for you? It depends on your level of debt, your level
of discipline, and your prospects for the future.
Self-Help
Developing a Budget: The first step toward taking control of
your financial situation is to do a realistic assessment of how much money you
take in and how much money you spend. Start by listing your income from all
sources. Then, list your "fixed" expenses - those that are the same each month -
like mortgage payments or rent, car payments, and insurance premiums. Next, list
the expenses that vary - like entertainment, recreation, and clothing. Writing
down all your expenses, even those that seem insignificant, is a helpful way to
track your spending patterns, identify necessary expenses, and prioritize the
rest. The goal is to make sure you can make ends meet on the basics: housing,
food, health care, insurance, and education.
Your public library and bookstores have information about budgeting and money
management techniques. In addition, computer software programs can be useful
tools for developing and maintaining a budget, balancing your checkbook, and
creating plans to save money and pay down your debt.
Contacting Your Creditors: Contact your creditors
immediately if you're having trouble making ends meet. Tell them why it's
difficult for you, and try to work out a modified payment plan that reduces your
payments to a more manageable level. Don't wait until your accounts have been
turned over to a debt collector. At that point, your creditors have given up on
you.
Dealing with Debt Collectors: The Fair Debt Collection Practices Act is the
federal law that dictates how and when a debt collector may contact you. A debt
collector may not call you before 8 a.m., after 9 p.m., or while you're at work
if the collector knows that your employer doesn't approve of the calls.
Collectors may not harass you, lie, or use unfair practices when they try to
collect a debt. And they must honor a written request from you to stop further
contact.
Managing Your Auto and Home Loans: Your debts can be
unsecured or secured. Secured debts usually are tied to an asset, like your car
for a car loan, or your house for a mortgage. If you stop making payments,
lenders can repossess your car or foreclose on your house. Unsecured debts are
not tied to any asset, and include most credit card debt, bills for medical
care, signature loans, and debts for other types of services.
Most automobile financing agreements allow a creditor to repossess your car
any time you're in default. No notice is required. If your car is repossessed,
you may have to pay the balance due on the loan, as well as towing and storage
costs, to get it back. If you can't do this, the creditor may sell the car. If
you see default approaching, you may be better off selling the car yourself and
paying off the debt: You'll avoid 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. Some lenders may reduce or
suspend your payments for a short time. When you resume regular payments,
though, you may have to pay an additional amount toward the past due total.
Other lenders may agree to change the terms of the mortgage by extending the
repayment period to reduce the monthly debt. Ask whether additional fees would
be assessed for these changes, and calculate how much they total in the long
term.
If you and your lender cannot work out a plan, contact a housing counseling
agency. Some agencies limit their counseling services to homeowners with FHA
mortgages, but many offer free help to any homeowner who's having trouble making
mortgage payments. Call the local office of the Department of Housing and Urban
Development or the housing authority in your state, city, or county for help in
finding a legitimate housing counseling agency near you
Credit Counseling and Debt Management Plans
Credit Counseling: If you're not disciplined enough to
create a workable budget and stick to it, can't work out a repayment plan with
your creditors, or can't keep track of mounting bills, consider contacting a
credit counseling organization. Many credit counseling organizations are
nonprofit and work with you to solve your financial problems. But be aware that,
just because an organization says it's "nonprofit," there's no guarantee that
its services are free, affordable, or even legitimate. In fact, some credit
counseling organizations charge high fees, which may be hidden, or urge
consumers to make "voluntary" contributions that can cause more debt.
Most credit counselors offer services through local offices, the Internet, or
on the telephone. If possible, find an organization that offers in-person
counseling. Many universities, military bases, credit unions, housing
authorities, and branches of the U.S. Cooperative Extension Service operate
nonprofit credit counseling programs. Your financial institution, local consumer
protection agency, and friends and family also may be good sources of
information and referrals.
Reputable credit counseling organizations can advise you on managing your
money and debts, help you develop a budget, and offer free educational materials
and workshops. Their counselors are certified and trained in the areas of
consumer credit, money and debt management, and budgeting. Counselors discuss
your entire financial situation with you, and help you develop a personalized
plan to solve your money problems. An initial counseling session typically lasts
an hour, with an offer of follow-up sessions.
Debt Management Plans: If your financial problems stem from
too much debt or your inability to repay your debts, a credit counseling agency
may recommend that you enroll in a debt management plan (DMP). A DMP alone is
not credit counseling, and DMPs are not for everyone. You should sign up for one
of these plans only after a certified credit counselor has spent time thoroughly
reviewing your financial situation, and has offered you customized advice on
managing your money. Even if a DMP is appropriate for you, a reputable credit
counseling organization still can help you create a budget and teach you money
management skills.
In a DMP, you deposit money each month with the credit counseling
organization, which uses your deposits to pay your unsecured debts, like your
credit card bills, student loans, and medical bills, according to a payment
schedule the counselor develops with you and your creditors. Your creditors may
agree to lower your interest rates or waive certain fees, but check with all
your creditors to be sure they offer the concessions that a credit counseling
organization describes to you. A successful DMP requires you to make regular,
timely payments, and could take 48 months or more to complete. Ask the credit
counselor to estimate how long it will take for you to complete the plan. You
may have to agree not to apply for - or use - any additional credit while you're
participating in the plan.
Protect Yourself
Be wary of credit counseling organizations that:
- charge high up-front or monthly fees for enrolling in credit counseling
or a DMP.
- pressure you to make "voluntary contributions," another name for fees.
- won't send you free information about the services they provide without
requiring you to provide personal financial information, such as credit card
account numbers, and balances.
- try to enroll you in a DMP without spending time reviewing your
financial situation.
- offer to enroll you in a DMP without teaching you budgeting and money
management skills.
- demand that you make payments into a DMP before your creditors have
accepted you into the program.
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. Remember that these
loans require you to put up your home as collateral. If you can't make the
payments - or if your payments are late - you could lose your home.
What's more, the costs of consolidation loans can add up. In addition to
interest on the loans, you may have to pay "points," with one point equal to one
percent of the amount you borrow. Still, these loans may provide certain tax
advantages that are not available with other kinds of credit.
Courtesy ftc.gov