Credit Counseling – Can this cause trouble?

 Articles, Debt  Comments Off on Credit Counseling – Can this cause trouble?
Feb 062013
 

Does your heart skip when the phone rings? Are you afraid to open the mail and get another letter from a debt collector? If so, you are not alone. Many Americans are in debt up to their eyebrows and most don’t even know what options are available to help them. They just struggle paycheck to paycheck, make minimum payments and watch with frustration as the interest rates eat all the payment and the debt seems to just grow.

Credit counseling is one option to help deal with debt problems, but before jumping the gun and signing up with any credit counseling firm do your home work.

Many credit counseling organizations are both legitimate and nonprofit. They work with you to solve your debt problems. However, there are also those who may say “nonprofit” and charge fees. And those that are completely illegitimate. Some credit counseling organizations charge high fees, others hide their fees and the third group may ask for “voluntary” contributions. All of these will eat into the payments you need to make to your debt.

Choosing a Credit Counseling Organization

Find out if they are willing to send you free information about themselves. You are looking for firms who are willing and open about themselves and their policies. If they hassle you for an appointment or want too many details from you before they send you anything, go elsewhere.

What you want to get from a Credit Counseling Organization, to start with, covers the following:

    • Are they licensed to offer you services in your state?

 

  • What are their set-up fees?

 

 

  • What are their monthly fees?

 

 

  • Are there any other fees or contributions required?

 

 

  • What are the qualifications of their counselors?

 

 

  • Are their counselors accredited and/or certified by an outside organization? If so, by whom? If not, how are they trained? Third party certification adds an independent unofficial auditing that is helpful.

 

 

  • How do their counselors get compensated? You want to avoid anything that resembles commission.

 

 

  • What assurance do you get that your private information remains confidential and secure?

 

 

  • What services do they offer? Debt management is just a part of the debt issue and you may need other services to help you accomplish what you need. Look for a wide range of services without bias. If an organization says they have a wide range and then push a particular service such as debt management plan (DMP), then they are biased.

 

 

  • How can they help you with both the immediate debt problem as well as long term plan to help you stay on track?

 

 

  • Will you have a formal written agreement or contract with them? You need everything in writing and you need time to review them before you sign. Consider verbal promises invalid.

 

Once you get the information in the mail you need to confirm that the credit counseling organization is both legitimate and reputable. You can check their legitimacy by contacting your state Attorney General, local consumer protection agency, and Better Business Bureau. See if there are licensed and if there are any complaints against them filed by consumers. Remember that a clean record is just a start and does not guarantee service.

Checking their reputation is harder since they deal with confidential information and you cannot ask them for referrals. I understand that asking friends and family could be a little awkward but getting recommendation from someone who actually has dealt with an organization is one of the best ways to screen a firm.

Many reputable credit counseling organizations offer free educational materials and workshops. They are in the business of helping you get to the root of your budgeting issues. Take advantage of their workshops that will also give you an opportunity to check them out in person.

Your financial institution and your local consumer protection agency could also be good sources of information.

I like what William F. Halsey said about problems. “All problems become smaller if you don’t dodge them, but confront them.”

May your problems become smaller.

Vishy Dadsetan

Credit Counseling or Bankruptcy: Which is Best for You?

 Articles, Debt  Comments Off on Credit Counseling or Bankruptcy: Which is Best for You?
Feb 062013
 

People often get to a place where they simply can’t pay their bills, especially in today’s economy which is not particularly sympathetic toward the poor or even the middle class. Inflation has impacted nearly every facet of daily life including food, gas, rent, clothes, utility bills and more. At the same time, salaries, especially in the lower ranges, have utterly failed to keep pace. When you get to the place where you cannot pay your bills and have money left over for food and other necessities, there are some hard decisions that have to be faced. The options are credit counseling and debt management services, or bankruptcy. Both have their pros and cons, so which road to take depends largely on the individual and how severe his or her financial problems have grown.

There are numerous credit counseling/debt management services available, both in most local communities and over the Internet. The services vary considerably, for example some charge fees and exist to make a profit, while others are strictly operated by volunteers and don’t charge fees for their services. Some services are certified or accredited, and others are not. Some guarantee confidentiality, and unfortunately, others do not.

If your debt situation has not yet reached a point of no return, credit counseling and debt management may be the best option for you. This is the way it works:

  • Check out a variety of counseling services, both in your community and on the Internet to determine which best suits your needs. Avoid those that charge high fees, do not guarantee your privacy and that don’t have any credentials or accreditation to offer.
  • Make an appointment with the agency of your choice. When you go to the appointment, take as much of your paperwork and documentation with you as possible, i.e. proof of your expenses and income, along with verification of the debts you owe.
  • The counselor will review your situation and develop a plan to help you pay off your bills. Legitimate counseling services can often persuade your creditors to take less than the total amount you owe and arrange for longer periods of time to pay the debt off.
  • Instead of paying your bills directly, in most cases, you make one monthly payment to the counseling service, which then distributes that amount among your creditors according to the agreements they have worked out. The arrangement leaves you enough money to live and halts collection procedures. Over a period of time, all your bills are paid in full and you essentially have a new start, provided you don’t get yourself back into additional debt in the meantime.

On the other hand, if you have too much debt and your creditors are not inclined to work out payment arrangements with you, the best possibility may be declaring bankruptcy. There are numerous bankruptcy attorneys and, again, it behooves you to shop around to obtain the best possible services at the least possible price.

It is wisest to work with an attorney who does a lot of bankruptcy work because he or she will be most familiar with the rules and regulations as well as with the judges and bankruptcy trustees who work in the local system. A good attorney will know what the trustees and the courts will allow and what they won’t, and will be able to advise you as to your best options.
There are two kinds of bankruptcies available to individual debtors. Those are Chapter 7 and Chapter 13.

Chapter 7 is a complete discharge of all unsecured debts, and some secured ones, generally including everything except taxes and school loans. The debtor generally has to give up anything of value that can be sold to pay his or her debts, although in most cases a person’s home and their primary transportation are exempted.

In a Chapter 13, nothing has to be given up, but the debts have to be paid in full. The court simply works out a repayment plan and instead of paying the money to your debtors, you pay it to the bankruptcy trustee who then distributes it to the creditors. There are advantages and disadvantages, as well as eligibility requirements, for both types of bankruptcy and the bankruptcy attorney can best advise you which option will work better in your particular situation.

Whether you choose credit counseling or bankruptcy, either one can help you eliminate debt and get back on your financial feet. Both can stop collections procedures and eliminate annoying and harassing phone calls from collectors. The bottom line is, you don’t have to continue suffering; there are ways to get out of the debt situation and begin again. The most important thing is, once you are out of debt, carefully manage your money so you don’t land back in the same situation again.

 

Ethan Hunter