Archives for "Collections"
Credit Repair: How to Stop a Collector
Your Legal Rights
Have you been contacted by a collector? You are not powerless! You have legal rights under the Fair Debt Collection Practices Act to stop collectors and gain control of the situation.
Your Thirty-Day Window
Have you received a collection notice? Don’t ignore it! The first receipt of a collection notice contains an opportunity that you should not miss. If you dispute the debt in the thirty days after receiving notice the collector must stop all collection activities while investigating your dispute, and may not make any attempt to collect until he has provided you with verification of the debt. In addition, the debt may not be reported on your credit report during this period of time. If you do not respond within thirty days you have effectively waived your right to demand investigation under the Fair Debt Collection Practices Act (FDCPA). This is an important right and may serve you well if you have any question about the accuracy of the debt. Are you in a credit repair program? The more comprehensive credit repair programs provide debt validation as part of their service at no extra charge. Simply forward the collection notice to your credit repair company immediately so that they can respond within the time allowed.
FDCPA § 809. Validation of debts [15 USC 1692g (b) “If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.”
The Cease Communication Letter
In some cases collectors can be abusive and cause significant stress. Consumers often give in to the pressure for partial payment at the expense of their food and housing budget causing needless hardship for themselves and their family. If you are faced with a high-pressure collector it may be best to put an end to their communication. The FDCPA requires collectors to stop collection efforts upon receiving a written request to stop. If you are in a credit repair program they should be happy to prepare the cease communication letter on your behalf as well as providing competent counsel.
FDCPA § 805. Communication in connection with debt collection [15 USC 1692c] (c) “Ceasing Communication. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except — (1) to advise the consumer that the debt collector’s further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.”
In some cases, if the dollar amount is enough, and the collector believes that you have the ability to pay they may serve you with court papers. This may or may not happen. The process of filing suit is expensive and may not justify the results. Whatever a collector sounds like on the phone you can bet that the decision to pursue or not pursue your case will be rational. If you cannot afford to pay you may decide to let it take its course. As always, it is best to contact a competent credit repair professional to discuss the potential benefits and risks of any action.
Get an Attorney
The FDCPA requires collectors to stop collection efforts upon receiving notice that an attorney is representing you. Once a collector receives this notice they must direct all further communications to the attorney. This approach has several benefits. The right attorney may be able to raise useful defenses. In the credit repair business we often suggest this course of action where the dollar amount of the collection is significant or where the collector is especially aggressive.
FDCPA § 805. Communication in connection with debt collection [15 USC 1692c] (a) “Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt — (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer…”
Copyright © 2007 Sky Blue Credit. All Content. All Rights Reserved.
Resolving Defaulted Student Loans
The Time to Act is Now!
Do you have defaulted student loans? The government has an impressive array of tools for collecting on defaulted student loans. Fortunately, the law also provides you with a way to cure the problem starting right now!
There is Still Hope!
There is no statute of limitation for collection of student loans. Forget about hiding out until the collectors give up and fade away. They will hunt you down forever. And to make it worse student loan collectors have special powers that can make your life a misery. Fortunately federal law provides a variety of options that will aid your credit repair effort, help you stop collectors, and even come out ahead!
It’s Up To You
If you take action you can stop collectors, reduce your payments, and have the student loan default status removed from your credit. But you have to initiate these efforts. If you don’t take action no one will help you and the situation will get worse. Are you are involved in a credit repair program? You have everything to gain by acting today. Let’s take a look at the powers the government has, and then explore the tools that you can use to put an end to the hassles once and for all.
Say Goodbye to Your Tax Refunds
If you are in default and have a tax refund coming you should expect it to be taken by the government. This is a virtual guarantee. If you want to avoid this action while you determine your options, you should act today to eliminate your next tax refund so that there is nothing to seize. This is easily done. Just decrease the amount of income withheld by your employer, or reduce your estimated tax payments if you are self-employed.
The Paycheck Surprise
Student loan collectors now have the right to garnish your wages without a court order. At the moment they are allowed to seize the lesser of 15% of your disposable income, or the amount of your disposable income in excess of $154 per week.
Social Security is Now Fair Game
In 1996 a law was passed allowing student loan collectors to seize the Social Security income of student loan defaulters. But there are limits to the amount that can be seized. The first $9000 per year, or $750 per month, is safe. And under all circumstances there is a limit of 15% of your total benefits that can be taken.
Cancellation of Student Loan Debt
It is theoretically possible to cancel your student loan debt if you had serious trouble with your school (such as it closing down while you were enrolled), if you became totally and permanently disabled after you took out the loan, or by convincing a judge to dismiss the debt in bankruptcy. If you pursue one of these options you should expect to be faced with extreme documentation requirements and slim odds of success. I’m sorry to say that after almost twenty years of counseling people on credit repair I have never seen anyone succeed in canceling their student loan debt. Fortunately there two easy methods of resolving your student loan problems that will help you stop collection efforts and establish a reasonable, affordable payment plan.
Student Loan Consolidation
There are two types of consolidation plans available based on the type of student loan you have. Most student loans are either FFEL loans (Federal Family Education Loans) or Direct Loans. FFEL loans are given by banks or institutions and guaranteed by the government, Direct Loans are obtained through your school, but come directly from the government. Stafford Loans, Guaranteed Student Loans, and Plus Loans may be either FFEL or Direct Loans. The FFEL plan requires that you pay at least the interest due each month. The Direct plan has no set minimum. You can qualify for the Direct plan if you have at least one Direct Loan, even if all of the others are FFEL loans. Are you in a credit repair program and considering your options, but are concerned about your budget? Both plans offer the possibility of up to three years forbearance (no payments) after consolidation.
Rehabilitation
Rehabilitation, unlike consolidation, will not allow you to combine your existing loans into a single new loan, but it does have the benefit of eliminating the default status from your credit report, which makes it attractive for those in credit repair programs. Like consolidation you have the right to request a payment plan that is affordable to you. Rehabilitation requires a trial period where you will be expected to make nine of your next ten payments on time. Once you have completed the trial period your loan will be sold to a new lender and the default status removed from your credit report.
Getting Started
Before approaching your lender or collector to discuss your choices I strongly recommend that you contact one of the resources established to provide guidance on these issues. Please contact the Student Loan Ombudsman Office at (877) 557-2575, or the Federal Student Aid Information Center at (800) 4FED-AID to discuss your rights.
Copyright © 2007 Sky Blue Credit Repair. All Content. All Rights Reserved.
Credit Repair: Student Loans
A Tough Spot
There is no statute of limitation for collection of defaulted student loans. And unless you are totally and permanently disabled, there is no way that you can discharge your student loans in a bankruptcy. What to do? Here are some insights and a couple of fantastic solutions.
The Default Story
Legally, a default occurs the first time you fail to make a payment when it is due. But if you fail to make your student loan payment for 180 days, your loan will enter the “official” default status and take on a life of its own. This is the point at which the lender will report your student loan as defaulted to the credit bureaus. It is also the point at which a long list of bad things can start to occur. Your tax refund checks can be seized and your wages can be garnished.
What Happened?
Why are student loans so different from all other debts? Well, prior to 1991 the U.S. Department of Education was empowered to collect delinquent student loans for only six years. But in 1991 an amendment to the Higher U.S. Department of Education Act lifted all time limits for collection. And the amendment was retroactive; student loans that were past the statute of limitation for collection prior to the amendment became collectible again. And to further reinforce the longevity of student loan debt, a 1998 change in federal law made it virtually impossible to discharge student loan debt in a bankruptcy.
The Reason for All This
The theory behind making sure that student loan debt can be collected forever is simple; the cost of student loans can be kept low by minimizing the number of borrowers that don’t repay. And since education, and the availability of low cost education loans, is always a political priority, it was not all that difficult to enact these changes.
The Ultimate Collectors
There is simply no way to escape the U.S. Department of Education and their army of private collection agencies that collect on their behalf. In addition, Sallie Mae, the nation’s largest student loan lender, has been purchasing collection agencies to track you down. So, what if they find you and you say you have no money? Well, the U.S. Department of Education now has the right to garnish wages, grab your tax refunds, and even seize your Social Security Checks (you read that right!), all without a court order. And, although Sallie Mae does not wield the same powers, they have started to turn over hard cases to the U.S. Department of Education to get the job done. Anyone attempting credit repair must realize that student loans must be dealt with head on, and the sooner the better.
Credit Repair Options
There are two great solutions that are designed to solve all of your student loan problems. Both of these options can stop all collection activity, lower your interest rate and payment, and reinstate your right to borrow more money for school (in case you want to go back to school). There are no qualification requirements and you are not punished for having bad credit. Everyone gets the same low interest rate. These two options are consolidation and rehabilitation. Both are a good fit with any credit repair process.
Student Loan Consolidation
Just contact the lender or collector and tell them that you would like to consolidate your defaulted loans. You will be required to make three monthly payments on time. Once you have done this you will qualify for consolidation. If you are attempting credit repair you should note that after consolidation your credit report will be updated to show the consolidated status, but the default notation will remain, like most derogatory information, for seven years. If you are in a rough patch the consolidation program allows for up to three years forbearance. Ask your lender for details. My focus has been on defaulted student loans, but it may be handy to note that you do not need to be in default to enjoy the benefits of consolidation.
Rehabilitation
This is a slightly longer process, but has the extra benefit of removing the default status notation from your credit report. To rehabilitate your loan you need to make nine to twelve consecutive on-time payments (depending on which type of student loan you have). Once you have completed this process your loan is considered “seasoned” and is sold to a new lender, and the default is wiped off of your credit. Once done, it is like it never happened. If you are attempting credit repair you should note that your payment history, including any late payments that you made, will remain, but your credit score will benefit from the removal of the default. Borrowers are allowed to rehabilitate a defaulted student loan one time only. As always, contact your lender to discuss the details.
Copyright © 2007 Sky Blue Credit. All Content. All Rights Reserved.
Credit Repair: Collection Solutions
Getting contacted by a collector is never a good thing. But there are laws that govern the behavior of collectors, and there are steps you can take to control the situation. Here are the rights and remedies that anyone facing a collector should know.
Fair Debt Collection Practices Act (FDCPA)
The FDCPA is the consumer protection act designed to prohibit abusive practices by debt collectors. The FDCPA specifically defines a collector as any person that collects debts owed to others, and may include attorneys that collect debts on a regular basis. Note that the language indicates “debts owed to others”, and therefore excludes original creditors from its scope.
Getting Started
When a debt collector initiates a collection effort they must send you a written notice indicating: 1) How much you owe, 2) The name of the creditor to whom the debt is owed, 3) Notice that unless you, within thirty days after receipt of the notice, dispute the validity of the debt or any portion thereof, the debt will be assumed valid by the debt collector, 4) That if you dispute the debt in full or in part within thirty days, the debt collector will obtain verification of the debt and mail it to the consumer, and 5) Upon written request within thirty days, the debt collector will provide you with the name and address of the original creditor, if different from the current creditor.
Exercising Your Rights
Your rights under the FDCPA, as indicated above, allow you to dispute the validity of the debt in full or in part within 30 days of receiving written notice. Your legal rights, as in all credit repair efforts, are the tools that you will use to establish the facts. An extra benefit of disputing the validity of the debt is that the collector must cease all communication until they have furnished the documentation that you have requested. In many cases, especially with older debts where documentation could be hard to obtain, you may never hear from the collector again.
Bringing an Attorney into the Picture
If you have an attorney, the debt collector must contact the attorney instead of you. This is a good way to put an end to abusive collection calls. The collector will undoubtedly be on best behavior when communicating with an attorney and a good deal of grief may be avoided. In many cases unscrupulous collectors sense weakness in the consumer and take advantage, often acting illegally to extort payment. We highly recommend hiring an attorney for anyone that feels out of their depth and uncomfortable when speaking with a pushy collector.
Cease Communication Letter
If you would like the debt collector to stop contacting you altogether you can send a letter asking them to stop. Once they receive your letter, they are allowed to contact you only one additional time for the purpose of telling you that they intend to take a certain specific action. This strategy is often recommended by credit repair companies, but be aware that in some cases, especially with recent or large collections, your letter may push the collector into taking legal action to recover, such as filing a lawsuit.
Statue of Limitations
Statutes of limitations (SoL) for collecting debt are typically far less than the SoL for reporting on your credit report. Debts may be collectable through the courts for as little as three years. If a debt is beyond the SoL the collector may attempt to pursuade you to pay, but as he cannot enforce the collection, his efforts have no “teeth”. Communicate your knowledge of the SoL to the collector. As an aside, should a collector attempt to collect a post-SoL debt by filing a lawsuit, you must appear and raise the SoL defense to have the lawsuit dismissed. It is also crucial to understand that the SoL clock starts with the original creditor. For most states the clock starts on the day you made your last payment on the account. This date can not be reset by the passing from creditor to collector, or from one collector to another. But beware that in some states partial payment can reset the SoL clock. Check your state statutes of limitation, easily found on the internet, or speak with a credit repair expert before assuming anything.
Bad Behavior
The FDCPA prohibits a wide range of specific inappropriate behavior by collectors. Prohibited practices include contacting you before 8 a.m. or after 9 p.m., calling you at work if you tell them that your employer does not approve, use of threats, obscene language, repeated calls designed to scare you into making payment, implying affiliation with the government, or implying that you have could be arrested for not paying a debt. In the credit repair business we are regularly asked about specific collection practices. Many of the stories we hear detail outrageous and illegal behavior…
Pick up the Phone
If you feel that a collector is behaving in an improper or illegal manner, the ultimate resource for answers is the FTC. If you find yourself on the telephone with a collector in such a situation it is entirely appropriate for you take careful notes: Ask their name (the FDCPA prohibits the use of false names), ask them to repeat anything that you are uncomfortable with, and then call the FTC. They welcome phone calls. The toll-free number is (877) FTC-HELP. That’s easy!
Copyright © 2007 Sky Blue Credit. All Content. All Rights Reserved.