Fair Debt Collection

Written by ReliefLoans.com


Continued from page 1

-publish a list of consumers who refuse to pay their debts (except to a credit bureau);

-use obscene or profane language;

-repeatedly userepparttar telephone to annoy someone;

-telephone people without identifying themselves;

-advertise your debt.

False statements. Debt collectors may not use any false statements when collecting a debt. For example, debt collectors may not:

-falsely imply that they are attorneys or government representatives;

-falsely imply that you have committed a crime;

-falsely represent that they operate or work for a credit bureau;

-misrepresentrepparttar 111939 amount of your debt;

-misrepresentrepparttar 111940 involvement of an attorney in collecting a debt;

-indicate that papers being sent to you are legal forms when they are not;

-indicate that papers being sent to you are not legal forms when they are.

Debt collectors also may not state that:

-you will be arrested if you do not pay your debt;

-they will seize, garnish, attach, or sell your property or wages, unlessrepparttar 111941 collection agency or creditor intends to do so, and it is legal to do so;

-actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

Debt collectors may not:

-give false credit information about you to anyone;

-send you anything that looks like an official document from a court or government agency when it is not;

-use a false name.

Unfair practices. Debt collectors may not engage in unfair practices in attempting to collect a debt. For example, collectors may not:

-collect any amount greater than your debt, unless allowed by law;

-deposit a post-dated check prematurely;

-make you accept collect calls or pay for telegrams;

-take or threaten to take your property unless this can be done legally;

-contact you by postcard.

What control do you have over payment of debts?

If you owe more than one debt, any payment you make must be applied torepparttar 111942 debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.

What can you do if you believe a debt collector violatedrepparttar 111943 law?

You haverepparttar 111944 right to sue a collector in a state or federal court within one year fromrepparttar 111945 date you believerepparttar 111946 law was violated. If you win, you may recover money forrepparttar 111947 damages you suffered. Court costs and attorney's fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent ofrepparttar 111948 collector's net worth, whichever is less.

Where can you report a debt collector for an alleged violation of repparttar 111949 law?

Report any problems you have with a debt collector to your state Attorney General's office andrepparttar 111950 Federal Trade Commission. Many states also have their own debt collection laws and your Attorney General's office can help you determine your rights.

If you have questions aboutrepparttar 111951 Fair Debt Collection Practices Act, or your rights underrepparttar 111952 Act, write: Correspondence Branch, Federal Trade Commission, Washington, D.C. 20580. Althoughrepparttar 111953 FTC generally cannot intervene in individual disputes,repparttar 111954 information you provide may indicate a pattern of possible law violations requiring action byrepparttar 111955 Commission.

For a wide range of personal finance articles, loans, credit cards, and debt reduction resources, visit http://www.ReliefLoans.com.


Bankruptcy--The Last Resort or a Fresh Start

Written by Larry Denton


Continued from page 1

The first step in bankruptcy is to file a petition and schedules atrepparttar clerk's office ofrepparttar 111938 federal bankruptcy court. Your petition must include a list of all creditors,repparttar 111939 sources and amount of income, a list of all real and personal property, and a detailed list of your living expenses. You must pay a fee (about $175) atrepparttar 111940 time you file your petition. It is usually advisable to hire an attorney. Be sure to discuss your attorney fees before hand and inquire as to whether you can pay in installments. In a straightfoward proceeding,repparttar 111941 entire procedure usually takes four to six months.

If you have regular income, Chapter 13 bankruptcy provides a method for repaying your debt over a period of time, according to court-approved plan. The time allowed ranges from three to five years. The same Georgetown study found thatrepparttar 111942 average Chapter 13 debtor had unsecured debts of $20,953. To file for Chapter 13, you must filerepparttar 111943 appropriate schedules and petitions withrepparttar 111944 court and pay a filing fee. You must also file a proposed repayment plan. A trustee will be appointed to follow your progress, make regular payments to creditors and to providerepparttar 111945 court with necessary financial information about you.

Certain debts such as taxes, alimony and child support, student loans and some property settlements can not be discharged through bankruptcy.

Although a bankruptcy filing generally will stay on your credit report for 10 years, it need not be a permanent handicap. There are specific laws that forbid discrimination against persons who have declared bankruptcy. For example, you may not be denied a job or a driver's license just because you filed for bankruptcy. The emotional and psychological scars on you and your family may take some time to heal. You may want to seek support by contacting a professional counselor or clergy member, or discussing your feelings with a close personal friend or family member.

While bankruptcy has tarnished your credit rating, you can usually rebuild confidence from creditors. You can obtain credit if you demonstrate consistent employment record and signs of fiscal responsibility. Start by opening a savings account and obtaining a secured credit card. Make payments on time to build a positive credit profile.

Whilerepparttar 111946 stigma related to bankruptcy has eased, declaration of bankruptcy remains a difficult and monumental decision which can be viewed as eitherrepparttar 111947 "last resort" or a "fresh start" on a new life.

Larry Denton is a retired history teacher having taught 33 years at Hobson High in Hobson, Montana. He is currently Vice President of Elfin Enterprises of Montana, Inc. a business dedicated to providing information and resources on a variety of topics. For additional info on bankruptcy visit http://www.BankruptcyTip.com


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