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Because debt
consolidation has become so very
popular in recent years, many
companies that extend credit
have opened debt consolidation
companies. Some companies in the
credit business do not
necessarily own debt
consolidation companies, but
they have strong affiliations
with a particular company. What
this means is that when your
creditors start to see you
having credit problems, they may
start to push debt consolidation
on you, providing it is debt
consolidation from their
preferred company.
Your creditors
have an ongoing business
relationship with you, which
means that they are allowed to
call you and suggest debt
consolidation. Even if you are
on a do-not-call registry, they
can still contact you. And they
will!
That's why you
need to know the major myths
(and truths) about debt
consolidation. You may not hear
it from your creditors as they
try to convince you to sign up
for debt consolidation programs
they offer or recommend.
Myth #1: My
Creditor is Forcing Me to
Consolidate My Debts
Creditors have an
agenda (they want to get paid)
but they don’t have a whole lot
of legal power to make you do
things and they certainly don’t
have the power to force you into
debt consolidation. Debt
consolidation is an option open
to you, not a plan they
can force down your throat.
What creditors
are allowed to do varies by
state law. Your certified credit
counselor can fill you in on
what creditors are and are not
permitted to do. But here’s a
hint: in the U.S., they can’t
put you in jail for debt and
they can’t force you into debt
consolidation.
That being said,
debt consolidation is not
necessarily a bad thing and the
companies or programs they
recommend might actually be just
the ticket for you. However,
don't take their word for it.
Investigate yourself with your
certified credit counselor.
Myth #2: My
Creditor Is Totally Neutral
About Debt Consolidation
If your creditors
are affiliated with a debt
consolidation company and if
they sense you’re having trouble
paying your bills, they are very
likely going to want to sign you
up for their program.
Debt
consolidation means that they
will get paid, they won’t have
to send your debt to a
collection agency, and they can
even make money on the debt
consolidation. (The process is
complicated but it involves
setting up a debt consolidation
loan with you then selling the
loan.)
Now this doesn’t
mean debt consolidation isn’t a
great idea for you; it might be.
And it doesn’t mean that their
debt consolidation organization
isn’t reputable and the best one
for you; again, it might be. But
remember they’ve got an agenda.
So keep your eyes open! Even if
they tell you they're being
neutral and objective, do not
believe them.
Myth #3: My
Creditors Can’t Really Do
Anything to Me
There are legal
restrictions on what creditors
can do, but they aren’t without
power. In fact, your creditors
are actually in a position to do
you some serious harm.
If you don’t pay
your bills, your creditors can
report you to a credit bureau.
This is not difficult or
expensive for them, and it works
as a pretty good deterrent to
deadbeats.
If you have
secured loans, you may end up
with a creditor repossessing
your property. This often
happens on defaulted car notes.
If you are not paying your
mortgage, in some states, you
can lose your home.
Creditors are
also free to seek legal remedy,
meaning they can take you to
court and get a judgment against
you. This is a more expensive
option (for them and you) but
it’s not unheard of. A court
judgment can end up giving the
court the right to seize your
assets and sell them to pay off
your debts.
Your creditors
can't harass you, put you in
jail, or beat you up for owing
them money. They can however
damage your reputation (and your
financial future), take your
property, and put you through
the legal mill.
Myth #4: So What
If There's a Judgment Against
Me, That’s No Big Deal
It can be. If
your creditor gets a judgment
against you, the creditor can
call your local sheriff to come
and take your property so that
it can be sold to pay off your
debt.
In some cases,
the judgment may allow the
creditor to take a certain
amount of your wages. This is
called garnishment. The judgment
gets recorded at the court house
and it may be used against you
any time you want to buy real
estate. It can also make it
difficult to sell real estate
(for instance, a judgment or
lien against your house means
you can’t legally sell the house
till the judgment is settled).
Apart from that,
just dealing with a court case
can cost you a lot in attorney's
fee plus time and aggravation.
You're better off keeping your
creditors out of court, if you
can manage it. Financial
judgments will also affect your
credit score and your financial
future.
Myth #5:
Bankruptcy is Never the Way Out
Actually, it’s
better than having your
creditors get legal judgments
against you. Bankruptcy is not a
good solution, it’s true. But in
some extreme cases, it may be
the least bad solution.
Bankruptcy will
damage your credit score and it
takes away a lot of your
financial freedom. However, none
of these things are permanent.
If you can see bankruptcy as a
learning experience and you are
patient and persistent about
getting back on your feet, it
can be a viable solution.
Bankruptcy should
never be your first choice for
finding a way out of debt. But
sometimes it's the best of
limited options.
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