Thinking Of Declaring Bankruptcy? A List Of Some Things You Should Never Do: Part Two
In the last article in this two part series I gave you a short synopsis of what bankruptcy was, what each chapters meant, and a list of things to avoid doing once you have made the decision to declare bankruptcy. Continuing on, if you are filing for bankruptcy, do not liquidate your retirement account. First, it is unnecessary to do this because retirement accounts are typically exempt property under the law, no matter what chapter you file. Plus, if you withdraw this money early, this means liability for penalties and taxes which may not be discharged in your bankruptcy.
This next “don’t” won’t make you feel so great, but it is smart to bear it in mind. When you are paying back money that you owe, don’t favor your family members and friends. This is because even though they might be your blood, as far as the law is concerned, relatives have the exact same legal status as all of the other creditors that you owe. It is understandable that you may want to pay back the people you love nearly and dearly the most, but bankruptcy courts are not exactly known for eliciting warm, fuzzy, sympathetic feelings.
Before you declare bankruptcy, don’t transfer your property out of your name. If a logical price was not received for your property, this action can be undone, and it can certainly be canceled out if it were made with the intent to hinder, defraud, or delay a creditor. Relatives and friends can fall into this category as well.
Do not utilize your equity line of credit to pay off your creditors. This is because under most state and federal laws, you have the ability to claim exemption for your home equity. So if you do not use your equity line, you can go through bankruptcy and still be able to hold onto your equity. Think about it this way: if you used your equity line to pay back debt or to take out another mortgage, what you would be doing in a nutshell would be converting debt that would have been discharged in bankruptcy into debt that you will still have to pay in order to keep your home.
To finish the article I will give you one DO: make sure you have a good lawyer, and always tell her the full truth and let her know all of your worries and concerns. Courts take themselves very seriously and have the capacity to file criminal charges if you intentionally commit fraud. And even if they did not go that far, they always have the ability to discharge any debt that they want, or even to simply dismiss the entire case.
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If You Have A Debt Collector On The Phone….
If you owe money to a creditor debt collectors are permitted to report your debt to credit bureaus, file lawsuits against you, and should be taken extremely seriously. The best way to protect yourself and your financial situation is a methodical approach. First, know why you are being contacted. Know where the debt is from and exactly how much it costs.
Request the name of the person that is calling, the name of the agency, the name of the creditor, and the agency’s address and fax number. You have the right 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 debt collector that they are not permitted to contact you at all it the agency is entitled to contact you once more to inform you how it plans to proceed. Another request that can be made is that you are the only person that can be contacted. It might be a good idea to keep a file including dates and details of phone conversations and when you mail out or receive letters.
If you do send any correspondence to the collections agency you should do this by Certified Mail, Return Receipt Requested. This means that the letter reached the collector, providing you with a signed receipt as proof that it did. If you negotiate a re-payment plan over the phone, ask for the terms of the plan in writing. Additionally, any promise to remove or adjust credit history should definitely be documented.
Make sure that you pay the right party; payments should be made to the debt collector, not the creditor, unless otherwise instructed to do so. Carefully look over the amount you are being asked to pay. Get an assessment of any interest, fees or charges that have been added.
If you feel that your collector is being abusive, be certain to complain to the agency and keep this complaint on file. Finally, never ignore a collector even if you feel that the debt isn’t yours; they will continue to contact you and it may mean more trouble and time in the long run.
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Texas Toll Booths Cater To Consumers
In Dallas, the North Texas Tollway Authority, an authority that is responsible for collecting tolls, has been scrutinized for months due to its toll collecting policy. This policy charges drivers who do not pay up at the toll booth fines of hundreds, or even thousands, of dollars. Because the NTTA has been under fire in the public eye, it announced today two steps it says that will target improving customer satisfaction.
The first part of the plan that the NTTA took was to permit all drivers to utilize the electronic toll collection lanes, including those who do not have one. They can do this without being punished with a twenty five dollar fine.
Before this plan, drivers without toll tags that utilized the electronic lanes on the Dallas North Tollway were looked at as violators and would subsequently be fined twenty five dollars for each time they passed through an electronic toll booth, rather than a cash booth.
But after February eighth, the drivers who don’t have a toll tag who use the electronic lanes will be given the chance to pay off the tolls before being hit with the additional twenty five dollar fine. But these toll charges will continue to be calculated at the cash rate, which is twice as high as the rates paid by toll tag consumers.
Unfortunately, the change won’t affect the NTTA’s collections policy in any other way and it will not stop consumers without toll tags who do not pay toll bills mailed to their homes from being charged twenty five dollars for every unpaid toll. This is a policy that can turn a week’s worth of tolls into a thousand dollar bill.
The NTTA’s second measure was to appoint an internal auditor as a mediator of some sort, which will be on hand to help frustrated customers who have first complained their way through NTTA customer service hierarchy without a result that they deemed to be satisfactory. The auditor will then review the account and determine if customer service and billing reps have followed their own rules.
Mallory McGuinness is employed by a debt collection agency. She also writes pieceson the credit industry , business, finance, and debt collection You can get a unique content version of this article from the Uber Article Directory.