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What Is The Fair Debt Collection Practices Act

Posted by admin on 13 May 2008 | Tagged as: Credit Repair

The Fair Debt Collection Practices Act, also known as the FDCPA, is a law, which was passed by Congress that regulates the methods collection agencies, can use to collect money from debtors who are behind on their payments. In the past many collection agencies would use unethical methods to extract payments from people, and this law was created to regulate them while protecting the debtor.

There are certain guidelines that collection agencies must follow when attempting to get payments. The FDCPA applies to a wide variety of debts, including medical bills, car loans, and credit cards. Many states have additional laws that serve to protect consumers, and their laws may cover debts that aren’t covered by the FDCPA. It is important to have a basic understanding of this law. It will keep you from being the victim of collection agencies that use illegal methods of extracting payment from you.

Under this law, collection agencies are not allowed to contact the relatives or employers of a debtor. The only person who may be contacted other than yourself is someone who has co-signed the loan with you. They are also not allowed to threaten to ruin your credit or report you to an attorney in order to intimidate you into making payments. They may only warn of you these actions when they are in the process of getting ready to do it. Making false warnings to scare you into making payments is not allowed.

Collection agencies are not allowed to make phone calls at times that are deemed unreasonable. Any phone calls made before 8 AM or after 9 PM are not allowed. You must approve any calls that are made outside this time span first. Debt collectors are also not allowed to call you while you’re at your place of employment. The use of profanity or racist terms is also not allowed. Letters cannot be sent to you that resemble those sent by courts, and if they decide to sue you they are not allowed to take you to a court that is far from your home.

It is important to understand this law if you find yourself in a situation where you have a large amount of debt and are having trouble making payments. While you should always try to repay back what you owe, collection agencies are limited in how they are able to contact you about those payments. Many agencies may violate this law, and if you are not familiar with it you will not be able to take any actions to defend yourself. If a collection agency violates the FDCPA, it may be possible for you to take them to court. If it is found that they have made numerous violations against debtors, a class action lawsuit may be filed.

If a collection agency violates this law when contacting you, you can report the incident to the state Attorney General’s office. If the agency is in a different state, you can contact the Federal Trade Commission for assistance. You can also dispute the debt you owe by sending a letter to the agency within 30 days of the first notice informing them that you do not owe them anything. The agency will be forced to stop contacting you, but may decide to take further action that may require you to go to court.

The FDCPA is an important law that can protect in the event you are being contacted by collection agencies. While it is important for you to pay off any debts you have, agencies should not use unethical methods for getting you to make payments. This is a violation of the FDCPA, and they could be held liable.

Joseph Kenny writes for the Personal Loans Store and offer more information on different loan types and other loan topics available on site.

Low Interest Debt Consolidation - How To Get the Lowest Rate

Posted by admin on 10 May 2008 | Tagged as: Credit Repair

If your mailbox is stuffed with bills each month–credit cards, personal loans, auto loans and more–you might be thinking that debt consolidation can help you regain control of your finances. And you’re right! It cuts back on paperwork, and in some cases it can help you lower your interest rate too! But before you sign on with a debt consolidation loan, make sure you’re getting the lowest rate possible by checking out these options:

Home Equity Loan

A Home Equity Loan or Home Equity Line Of Credit taps into the equity in your home–the amount your home is valued minus the amount you still owe on it. You borrow against this equity, essentially using your home as collateral. These loans tend to have super low interest rates, and in many cases the interest you pay throughout the year is tax deductible too! But don’t sign up for one unless you’re absolutely sure you can make the monthly payments, since your lender can take your home if your loan goes into default.

Debt Consolidation Service

A debt consolidation or debt management service will roll all your bills into one monthly payment. You pay the service once a month, and they divvy your payment up among creditors. They may also be able to negotiate on your behalf for a lower interest rate, which could save you money in the long run. Watch out for scam artists who make promises they can’t keep, though. Check out any debt consolidation service thoroughly with the Better Business Bureau.

Personal Loan

In some cases, you may be able to get a personal loan from a bank or credit union. And since the average interest rate on a credit card is about 18%, the loan may be able to help you lower the rate you’re paying. Simply borrow the amount you need, pay them off, and then you’ll only have one loan–your personal loan–to worry about.

Try using one of ABC Loan Guide’s
Recommended Low Interest Debt Consolidation Companies.

As you look for a debt consolidation solution, be sure to explore lots of options. Many of them can help you do more than just consolidate your debt–they can help you get a lower interest rate, too!

View our recommended lenders for a Home Equity Loan . Also, view our recommended sources for a Bad Credit Debt Consolidation.

5 Bankruptcy Questions To Ask Your Attorney Before Filing

Posted by admin on 01 Apr 2008 | Tagged as: Credit Repair

If you think that being bankrupt is the worst thing that could happen to you than think again! Yes you are right…Worst is yet to come, but of course you can control and eliminate that worst scenario by simply making correct decisions! Hiring a wrong attorney for filing your bankruptcy can be like a nightmare coming true!

So it is better that before hiring you do some research and make sure that you find an attorney who could really show you way attorney who could really show you way out from the bankruptcy mess!

Facts about selecting the Attorneys:

As most of the attorneys are usually overworked, they aren’t able to give ear to full details of your case. You may feel that your attorney isn’t pursuing your case the way you want him to pursue and ultimately you will feel irritated.

Many of the attorneys aren’t qualified enough to lead your bankruptcy case. So such attorneys don’t fulfill your expectations. Certificates are important indicators to judge whether the attorney is qualified enough or not.

Asking from friends won’t take you to any good lawyer, unless your friend has gone through filing for bankruptcy but it may be useful to take advice from legal professionals.

You can even go to a bankruptcy court and observe the attorneys there. Maybe during your observation, you will find some attorneys who are good enough for you.
Once you find the attorney, you can satisfy yourself completely by asking him the right questions. A short conversation can tell you a lot about the attorney you have chosen. You can ask him about his expertise and his working and consultation hours. After conversation, you can evaluate the attorney to see if that attorney is really right for you or not!

Once you select the attorney, you must discuss with him what type of bankruptcy should you file? There are eight different types for filing bankruptcy. You attorney can best point out which type suits you for filing bankruptcy.

Secondly, you need to ask him how you can file for bankruptcy. You have to file for your bankruptcy in the state where you are living. The Attorney can prepare the necessary paperwork that would be needed to present to the courts.

Thirdly, you must know the fees that are involved in the filing for bankruptcy. The total fees will comprise of the attorney’s fees plus the court fees that you need to submit to file for your bankruptcy.

Fourth, you must know where you should file your bankruptcy claim. You need to consult your attorney on how to get there and what documentation is required.
Finally you must know the after effects of filing for bankruptcy. As soon as you file for bankruptcy, creditors will receive notification from the courts and will not be allowed to contact debtor for payments. A hearing in court will be set. The case will proceed depending on type of bankruptcy filed.

Remember that this is your fight, so you have to be really involved in it and follow the case. You just cannot leave everything on the attorney!

Are you looking for more thorough information on filing for bankruptcy? Or have the idea of filing for bankruptcy ever crossed your mind? If so feel free to visit our debt consolidation blog for more information on the procedures and what you must know before filing.