On The Phone With A Debt Collector

If you owe money to a creditor, debt collection agencies can report your debt to credit bureaus, file suits against you, and should be taken very seriously. The best way to protect yourself and your finances is a methodical approach. First, know why you are being contacted. Know what the debt is from and exactly how much it costs.

Request the name of the the creditor,the person calling and the agency’s address and fax number. You have the authority to tell a collector over the phone that you want all future contact to be in writing. Follow up all requests with a written request.

Keep in mind if you tell the collector not to contact you at all it is entitled to call you once more to let you know how it plans to proceed. Another request that can be made is that you are the only person that should be contacted. It might be a good idea to keep a file including dates and details of phone conversations and when you send or receive letters.

If you do send any correspondence in writing to the collections company do this by Certified Mail, Return Receipt Requested. Utilizing this service guarantees that the letter reached the collector, giving you a signed receipt as proof. If you work out a re-payment plan over the phone, request the terms of the plan in writing. Any promise to remove or adjust credit history should also definitely be documented.

Make sure that you pay the right party; payments should be made out to the collections agency, not the creditor, unless you have been otherwise instructed to do so. Carefully look over the amount you are being asked to pay. Get to know how much interest, fees or charges that have been added.

If you feel like your bill collector is being abusive or hostile, make sure that you mention it to the agency and always keep this complaint on file. The last thing to remember is do not ignore a collector. Even if you feel that the debt is not yours; they will continue to call and it may mean more trouble and time in the long run.

Mallory Megan writes articles on business, finance, the credit industry and collection agencies.

All About Bankruptcy Court

In a nutshell, bankruptcy cases are voluntary or involuntary. The vast majority of cases will be voluntary. In these, debtors (the people who owe money) petition the bankruptcy court. With involuntary bankruptcy creditors (the people who you money to) file the petition in bankruptcy. Involuntary petitions are typically rare and are sometimes used in business situations in order to force a company into bankruptcy so the creditors can enforce their rights.

The beginning of a bankruptcy case starts with an estate. An estate is what the creditors scope out to see if there is anything they want. The estate is made up of all of the debtor’s property interests at the time that the fillings are commenced. Not all property will be up for grabs. Some of it is subject to certain exclusions and exemptions.

If you are married, the estate may include certain community property interests of your husband or wife, even if the spouse has not filed bankruptcy themselves. The estate may have extra items including property acquired by will or inheritance within one hundred and eighty days after the case begins.

For the purpose of federal income taxes, the bankruptcy estate of someone in a Chapter 7 or 11 case is a separate taxable entity from the debtor. The bankruptcy estate of a corporation, partnership or other collective entity or estates of individuals filing for Chapters 12 or 13 is not a separate taxable entity.

In each judicial district, bankruptcy judges comprise a unit of the United States District Court. The judge will be appointed for a term of fourteen years by the United States Court Of Appeals. The District Courts have subject matter jurisdiction over bankruptcy matters. But each district may refer bankruptcy matters to the Bankruptcy Court. Most district courts have an order so that all bankruptcy cases are handles by the Bankruptcy Court.

Mallory McGuinness works for a debt collection company.

Medical Debt Relief Act Evens Things Out….Sort Of

From 1999 to 2009, premium costs for family insurance have risen by one hundred and thirty one percent. That’s easily over three times the rate at which wages rose during this time. In the recession, millions of jobs have been lost, putting workers who just lost their jobs at risk of also living without health insurance. For those who remain employed, employers are pushing more of the costs of health insurance onto their workers as they struggle with economic uncertainty. Then there are blue collar and retail workers, waitresses and the like who are paid less, work harder and are not offered health insurance plans at their jobs. No wonder that Americans are struggling to pay their medical bills.

In 2007, about seventy two million Americans struggled with their medical bills. A large amount of these people made paying off their medical bills their top priority, while they had to struggle to pay for basic necessities like food, rent or heat. More than THIRTY MILLION American adults used up ALL of their savings or BORROWED AGAINST THEIR HOMES in order to pay off medical bills. Unfortunately, in this time of economic hardship, many Americans could not stop the bill collector from knocking on their door.

Thirty million Americans are contacted every year by collection agencies for delinquent medical bills; many struggle to pay these. Many people are unclear as to why their insurance refused to pay a claim, others are confused about the amount they owe. Over half of people who were surveyed said that they were puzzled by the medical jargon on their bills, and one in four said confusion led them to allow bills to go past the due date or to be sent to a collection agency.

A medical bill that gets sent to collections will usually be reported to credit bureaus. This results in a lower credit score. Medical accounts, even those that have been paid off in full will remain on a credit report for up to seven years. This will result in lower credit scores and increases the costs of mortgages, car loans, or credit card interest.

Fortunately, Ohio Congresswoman Kilroy acknowledged the long term effects of outstanding medical bills. She decided to address the situation because she saw medical debt as something that was unique. She introduced The Medical Debt Relief Act, which states that medical debt that is fully paid off or settled must be removed from a consumer’s credit report within thirty days.

Even though this will not fix our chaotic health care system, it will provide relief for those who have paid off medical debt, while the rest of us wait for better health care reform.

Mallory McGuinness works for a debt collection agency. She also does stories on business, finance, consumer spending.

Debt Collectors And Debtors Have Showdowns In Courts

It is true that Americans with outstanding debts will usually suffer from a number of punishments. Collection letters, phone calls, unfavorable credit scores and a chance to wind up in court are examples of retributions for non-compliance.

An alarming new trend that is growing is debtors suing debt collectors first. Any violation of the Fair Debt Collection Practices Act is reason to take a collector to court. It may be true that in a declining economy suing a debt collection agency instead of paying off what you owe may be your only choice. There were 8,347 consumer lawsuits filed against collection companies in 2009. That’s a 55 percent increase over 2009 and double that number filed in 2007.

A portion of the debtors are plaintiffs suing for the first time, who suddenly find themselves unable to pay debts, and they feel that they have been wronged by aggressive collectors. Others compulsively sue. Usually these people have debts worth tens or hundreds or thousands of dollars. It is their hope that favorable judgments may put them on a “collections blacklist.” If he has sued 4 out of 5 debt collectors, debt collection agencies are probably going to want nothing to do with this strange character who puts time and effort into lawsuits when he could be looking for a sense of structure, and a job.

One example of a current lawsuit in action was from a woman who alleges that the collection agency never offered her proof it was entitled to collect. Seriously? Most debt collection agencies adhere closely to FDCPA laws, but even that law is foggy on certain practices such as whether it’s legal or not to leave a voice mail. Basically, the FDCPA hit the scene in the 1970s and needs desperately to be updated to today’s technology.

You might not want to know my opinion, but here it is. I was contacted by a debt collector who left a message on a third party phone, asking for me and letting me know she intended to collect a debt. This is a big no-no. I could have called her and given her hell, but I know why I have the debt and even though I may be broke, I intend to pay it back. To me, it seems like the economy is not getting better any time soon as the number of people who refuse to hold themselves accountable for financial decisions they made in the past grows. I hate to say it, but a debt is a debt, whether we are in a recession or not.

Mallory Megan works for a debt collection company.

Bankruptcy Filings Increase As Economy Suffers

Layoffs and pay cuts moved more people into bankruptcy last year, and researchers are asserting that the situation is most likely not going to improve until the unemployment issue improves. In Wisconsin, bankruptcy filings rose 30 percent in 2009. This came on top of a 35 percent increase in the preceding year.

According to bankruptcy lawyers, it is not just firings and layoffs that are motivation to file. It’s the losses of once-regular over time pay and full time status that have left consumers from keeping up with monthly payments that in the past were not an issue to pay.

U.S. Bankruptcy Court records reveal that there were 27,413 bankruptcy petitions filed in Wisconsin last year. More than 80% were Chapter 7 cases. Chapter 7 cases wipe out medical bills, credit card balances, and other types of debt. Recent Research by The Associated Press illustrated that more than 1.4 million bankruptcies were filed in 2009, an increase of about 32% from 2008.

And although bankruptcy annihilates the looming debt and offers consumers a fresh financial start, people often remain unemployed and are unable to find employment to get an adequate income again.

Worse still, unless the economy improves enough for companies to start hiring, there is little reason to think that bankruptcies will go down in 2010. Experts have noted that home foreclosures will continue to pile up in 2010 because people who previously had adequate credit have lost employment and cannot keep up with payments.

Bankruptcy may seem like a good option to get a fresh start, but it negatively affects your credit report for ten years, rendering you unable to get a car, place of residence, or employment. Before declaring bankruptcy, it is a wise decision to speak with your creditors and see if some sort of repayment plan can be worked out.

Mallory Megan is an employee at a debt collection agency. She also does articles on the credit industry, business, finance, and debt collection.

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