Guest Post by Mariana Ashley
With Labor Day now done and long over with, all colleges have officially commenced. That said, there are many students who will be completing their final semester/year of college. While many are looking forward to earning their diploma, many are dreading what happens shortly after graduation—repaying student loans. But the situation may seem a lot worse for graduates who have to face a double whammy: student loan and credit card debt. If you find yourself in this situation, which debt should you try to take care of first and why? To find out, continue reading below.
What Kind of Debt Gets Higher Priority?
To state it rather directly, you should always aim to clear your credit card debt before your student loan debt. This is because since your credit card is considered revolving debt as opposed to installment debt, it will impact your credit score more ferociously and more quickly than a student loan debt. That's not to say that your student loans should be disregarded. But if you have some sort of student loan grace period—which is typically around 6 months or so after graduation—you should put all of your energy to wiping out your credit card debt first before making payments to your loan. It's understandable why you may want to pay off your student loan first during the grace period, after all you typically do not acquire any interest during this time. But ultimately credit card debt will do more damage. If you find an extremely high-paying salary job and can afford to pay off both credit card and student loans simultaneously then by all means do it. But if your resources are limited, go with the credit card debt first. If your student loan grace period expires and you still have a hefty credit card balance, talk with a student loan officer immediately to figure out a way to make the smallest monthly payments possible. Sometimes doing something as simple as consolidating all of your loans can result in a small monthly payment, some as low as $50. Whatever you do, you never want your loan to get defaulted though.
Debt Collection Rights
If for some reason you cannot make timely payments on either your credit card debt or student loan debt, you can be reported to a credit card debt collection agency or the Department of Education debt collection agency respectively. By law, debt collectors (of either department) can't threaten to repossess your home, car, or anything else valuable over the phone to compensate for your debt. But they can drag you to court and sue you. Here, if a judge finds you at fault then the judge can mandate that certain items be repossessed, garnish your wages, or collect your tax refund checks to pay off your debt if you don't the money to pay it off for example. Note that credit card and student loan debt collections work a little differently however. With credit card debt, each state has a statue of limitations—which simply means there is only an allotted time for which a debt collector can hit you with a law suit. For example, in Texas it's 4 years. A debt collector can still take you to court even after the statue of limitations is up—it's up to you to show proof that the allotted time has expired if you are taken to court. While you may get out of making the court forcing you to pay up, know that your credit report will be ruined for a good chunk of your life. Good credit is needed to make most big purchases that you will make as an adult, including a home and car. A student loan debt collector does not have any restrictions however and can sue you at any time.
Author Bio:
Mariana Ashley is a freelance writer who particularly enjoys writing about online colleges. She loves receiving reader feedback, which can be directed to mariana.ashley031 @gmail.com.
Showing posts with label Fair Debt Collection Practices Act. Show all posts
Showing posts with label Fair Debt Collection Practices Act. Show all posts
Friday
Fighting Debt Incurred Through Identity Theft
Guest Post by Nadia Jones
There's no getting around how much identity theft sucks. It's deceptive, hard to spot, and it is also hindering the spread of technology. As more information is used and stored online, the threat of identity theft increases exponentially as criminals can access more ways to steal your private information.
According to the Federal Trade Commission (FTC), nine million Americans have their identities stolen each year, resulting in $631 off out-of-pocket expenses for victims due to legal fees and misappropriation of their false debt. It can take years before someone realizes they are the victim of identity theft, resulting in months or even years of the victim's time being spent towards repairing their credit worthiness and adjusting their falsely accrued debt. Remember, you are not liable for fraudulent debt resulting from identity theft. Do not pay for a criminal's debt.
Preventing and Detecting Identity Theft
Before explaining how to get rid of your fraudulent debt without having to pay the debt yourself, I think it is extremely important to detail how to prevent identity theft. Since there are so many ways identity thieves can acquire your information, protecting yourself involves a combination of a lot of little things:
Also, review your credit report annually. You area allowed a free copy of your credit report every twelve months. All you have to do is request it. To order a free annual report, go to AnnualCreditReport.com or call toll-free to 877-322-8228. Otherwise, you can consult a consumer reporting company (like Equifax, Experian, or TransUnion) which will charge about $10 for a copy of your report.
Stopping Identity Theft and Fraudulent Debt
Once you realize you are the victim of identity theft, you have to defend your reputation and credit rating by immediately filing a "Fraud Alert" on your credit reports and then reviewing your reports carefully. This will alert creditors to raise security measures before opening any more new accounts or making changes to your existing ones. Filing a fraud alert will also get you a free copy of your credit report, so you can look for accounts that you didn't open and debts on accounts that you can't explain. The consumer reporting companies all have toll-free numbers that you can call to place a fraud alert, and you only need to call one:
Author Bio:
Nadia Jones blogs at online school about education, college, student, teacher, money saving, movie related topics. You can reach her at nadia.jones5 @ gmail.com.
There's no getting around how much identity theft sucks. It's deceptive, hard to spot, and it is also hindering the spread of technology. As more information is used and stored online, the threat of identity theft increases exponentially as criminals can access more ways to steal your private information.
According to the Federal Trade Commission (FTC), nine million Americans have their identities stolen each year, resulting in $631 off out-of-pocket expenses for victims due to legal fees and misappropriation of their false debt. It can take years before someone realizes they are the victim of identity theft, resulting in months or even years of the victim's time being spent towards repairing their credit worthiness and adjusting their falsely accrued debt. Remember, you are not liable for fraudulent debt resulting from identity theft. Do not pay for a criminal's debt.
Preventing and Detecting Identity Theft
Before explaining how to get rid of your fraudulent debt without having to pay the debt yourself, I think it is extremely important to detail how to prevent identity theft. Since there are so many ways identity thieves can acquire your information, protecting yourself involves a combination of a lot of little things:
- Shred financial documents
- Sign the backs of credit cards immediately
- Don't carry your Social Security number or card with you
- Don't offer personal information to anyone you don't know or trust
- Be cautious of links in unsolicited emails
- Use a variety of secure passwords
- Keep your personal information locked and secure
- Report theft or loss of key identification material (passport, license, etc.)
Also, review your credit report annually. You area allowed a free copy of your credit report every twelve months. All you have to do is request it. To order a free annual report, go to AnnualCreditReport.com or call toll-free to 877-322-8228. Otherwise, you can consult a consumer reporting company (like Equifax, Experian, or TransUnion) which will charge about $10 for a copy of your report.
Stopping Identity Theft and Fraudulent Debt
Once you realize you are the victim of identity theft, you have to defend your reputation and credit rating by immediately filing a "Fraud Alert" on your credit reports and then reviewing your reports carefully. This will alert creditors to raise security measures before opening any more new accounts or making changes to your existing ones. Filing a fraud alert will also get you a free copy of your credit report, so you can look for accounts that you didn't open and debts on accounts that you can't explain. The consumer reporting companies all have toll-free numbers that you can call to place a fraud alert, and you only need to call one:
- Experian: 1-888-EXPERIAN (397-3742)
- TransUnion: 1-800-680-7289
- Equifax: 1-800-525-6285
- Request for consumer reporting companies to block fraudulent information.
- Contact the security and fraud departments of companies where an account was opened or charged without your knowledge.
- Send them copies of supporting documents, including the identity theft affidavit.
- Ask for verification that the account has been resolved and fraudulent debts discharged.
- File a police report
- Report fraud to the FTC
Author Bio:
Nadia Jones blogs at online school about education, college, student, teacher, money saving, movie related topics. You can reach her at nadia.jones5 @ gmail.com.
Harassing Creditors and the Way to Defend Yourself
Guest post by Kevin Craig
As a bad debt grows, debt collection agencies seem to exert more and more pressure on the debtors in the form of creditor harassment. Although debt collection is legal, harassment by collection agencies is not! The FDCPA laws are like the cool shades that shelter the consumers’ rights and offers protection to illegal debt collection tactics. There are various types of harassment that the creditors impose on the debtors:
Creditor harassment and consumer rights – (Fair Debt Collection Practices Act)
There are two different types of creditor harassment laws, the federal laws and the state laws; the federal laws are for the entire citizen, while the state laws are only for the citizen of that particular state. If both the laws are taken into account it’s the state law that is more effective. The FDCPA is designed in such a way that it can fight back the abusive creditors and if required can also put a penalty on them which might even count up to $1000.
Utilizing unfair practices in collection of debt
There are situations where the debt collectors may charge more than the original amount.
The debt collectors may ask the consumers to incur certain extra financial charges.
The debt collectors may threaten to damage personal property.
Unfair or outrageous collection activities are practiced by the debt collectors.
Notice Violation
The creditor sends a letter to the debtor addressing him as a “dead beat” which means someone who has no money to pay for his credit cards.
The creditor sends out a collection letter which signifies a court order.
Limitations of FDCPA
Firstly, the debt must be a consumer debt and not a business debt.
FDCPA does not apply to third party collection agency.
It is only the debt attorney who can suggest which law applies and when, so that he can give him the required protection as and where required.
FDCPA to save the consumers from creditor harassment
The FDCPA has been designed in such a way that it can protect human rights against creditor harassment .If the harassment is illegal, the consumers can even sue the debt collectors for any kind of damages done either to their personal property or to them. A local consumer attorney can guide the consumers as to whether the case of violation of FDCPA laws against the debt collectors is legal or not!
You can try out the following to deal with creditors
As a bad debt grows, debt collection agencies seem to exert more and more pressure on the debtors in the form of creditor harassment. Although debt collection is legal, harassment by collection agencies is not! The FDCPA laws are like the cool shades that shelter the consumers’ rights and offers protection to illegal debt collection tactics. There are various types of harassment that the creditors impose on the debtors:
- Debt collectors threaten to hurt.
- They come to damage any personal property.
- They use obscene language over the phone.
- They threat to put the consumer behind the bars.
- They make disturbing calls at your workplace.
Creditor harassment and consumer rights – (Fair Debt Collection Practices Act)
There are two different types of creditor harassment laws, the federal laws and the state laws; the federal laws are for the entire citizen, while the state laws are only for the citizen of that particular state. If both the laws are taken into account it’s the state law that is more effective. The FDCPA is designed in such a way that it can fight back the abusive creditors and if required can also put a penalty on them which might even count up to $1000.
Utilizing unfair practices in collection of debt
There are situations where the debt collectors may charge more than the original amount.
The debt collectors may ask the consumers to incur certain extra financial charges.
The debt collectors may threaten to damage personal property.
Unfair or outrageous collection activities are practiced by the debt collectors.
Notice Violation
The creditor sends a letter to the debtor addressing him as a “dead beat” which means someone who has no money to pay for his credit cards.
The creditor sends out a collection letter which signifies a court order.
Limitations of FDCPA
Firstly, the debt must be a consumer debt and not a business debt.
FDCPA does not apply to third party collection agency.
It is only the debt attorney who can suggest which law applies and when, so that he can give him the required protection as and where required.
FDCPA to save the consumers from creditor harassment
The FDCPA has been designed in such a way that it can protect human rights against creditor harassment .If the harassment is illegal, the consumers can even sue the debt collectors for any kind of damages done either to their personal property or to them. A local consumer attorney can guide the consumers as to whether the case of violation of FDCPA laws against the debt collectors is legal or not!
You can try out the following to deal with creditors
- Police assistance
- Complain to the trading standards
- Doing full and final settlement to clear debts with a help of a debt settlement law firm.
- Take creditor to Small Claims Court.
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