| 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.
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?
"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.
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.
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.
"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.
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. An
organization that you can call is a Consumer Credit Counseling Service
(CCCS) agency. These local, non-profit organizations affiliated with the
National Foundation for Consumer Credit (NFCC) provide education and
counseling to families and individuals.
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.
"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.
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.
"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.
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.
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.
The following organizations and individuals worked together in the
preparation of this pamphlet and endorse its content.
American Association of Retired Persons
Consumer Action
Consumer Federation of America
National Consumer Law Center staffers
National Foundation for Consumer Credit
U.S. Consumer Information Center
U.S. Office of Consumer Affairs
Visa U.S.A. |