Showing posts with label Credit history. Show all posts
Showing posts with label Credit history. Show all posts

Sunday, October 12, 2014

LOUISIANA DEBT COLLECTION LAWS

Facts About Debt Collection

Authored By: Acadiana Legal Service Corporation LSC Funded

FAQ

I have so many debts.  Which ones should I pay first?
When you do not have the money to pay all of your debts, you must make hard choices about which debts to pay off first. Use your money to pay for what is most necessary for your family---food, clothing, shelter and utilities. Only you know which debts are most important to you and your family. But generally you should pay debts in this order:
  • Mortgage or rent payments, along with whatever is needed to keep your gas, electricity and water on.
  • A car loan if you need it for transportation.
  • Loans for furniture or other household goods.
  • Credit card debts, general unsecured accounts and medical bills can be paid with whatever money is left.
But should I first pay the people threatening me?
Not always. Don't let harassment or threats from creditors make you pay low-priority debts before more important debts. Unless a lawsuit has actually been filed, threats to sue you, seize household goods, or garnish wages are not always serious. You may want to talk with creditors to explain why you cannot pay debts now and when you will be able to pay them. But if they are rude, you do not have to talk with them. You can't be put in jail just because you can't pay your debts.
What can the creditor do if I cannot pay?
If you have used some of your property as collateral (a secured debt), the creditor can try to take possession of it. If the collateral is a house, the creditor can start the foreclosure process. If the collateral is a car, the creditor can ask the court for a writ of seizure and sale of your car. If the collateral is furniture or household goods, the creditor cannot come into your house without your permission. Talk with a lawyer to find out your legal rights if the creditor tries to come into your house.
A creditor can take you to court (sue you) to try to get you to pay the debt. Taking you to court just means asking a judge to say that you owe the debt. You will get court papers and have a chance to answer. If you answer in the time period allowed, the judge will set a trial so both sides can have their say. The court process is often not simple, so it is very important that you contact a lawyer right away if you get court papers.
Generally, a creditor can file papers with the court to try to seize (take) your wages or property only after:
1. The creditor has filed a lawsuit against you;
2. You have had a chance to answer;
3. A trial is held if you answered and there is a dispute;
4. A judgment is entered; and
5. The creditor has waited at least another 30 days.
Even after this, you may be able to protect your wages and property if you do not have very much. Again, it is important to speak with a lawyer to find out your rights.
What if my bill is turned over to a debt collector?
You have more legal rights if your bill is turned over to a third-party debt collector. Unlike creditors themselves, collection agencies and lawyer debt collectors are subject to a federal law called the Fair Debt Collection Practices Act (FDCPA). The IRS is not covered by this law. Harassment or deception by collection agencies or lawyers is illegal under this law. These are some things that would be illegal under this law:
  • Calling you at unreasonable hours,
  • Using obscene language,
  • Calling over and over to annoy you,
  • Lying to you about what they plan to do to you. For example, they cannot threaten to sue you unless they plan on doing it. They can't threaten to garnish your wages unless they have sued you and have a judgment to do it.
How can I make debt collectors stop harassing me?
Write a letter and ask the debt collectors to stop communicating with you about the debt. (You may find a sample letter on this website in the "Self-Help" channel). Keep a copy of the letter you send. Debt collectors can still sue you, but they can't keep calling you after they get the letter.
If the debt collector violates your rights, you have the right to sue them for any actual damages, as well as additional damages up to $1,000, plus attorneys fees and court costs. You should contact a lawyer if you think you may have the right to sue a debt collector.
What else can I do?
You may not need to do anything. If you don't have much property and little or no wages, you may be judgment-proof. Social Security, SSI, welfare, and food stamps cannot be taken, except under very limited circumstances.
Louisiana law (Revised Statutes 13:3881) protects your property which has not been used as collateral, by making it illegal to seize:
1. Property needed for a trade, calling, or profession by wich you earn your livelihood;
2. Clothing; bedding; linen; chinaware; non-sterling silverware; glassware; living room, bedroom and dining room furniture; cooking stove; heating and cooling equipment; one non-commercial sewing machine; equipment for required therapy; kitchen utensils; pressing irons; washers; dryers; refrigerators; deep freezers, electric or otherwise; used by you or a member of your family;
3. Family portraits;
4. Arms and military items;
5. Musical instruments played by you or by a member of your family;
6. Any wedding or engagement rings worn by either spouse, provided the value of the ring is not over $5,000; and
7. A $25,000 homestead exemption.
Contact a lawyer to find out if your possessions can be protected. You can also call your creditors to see if they will agree to a reasonable repayment plan. Be realistic; it will not help you to agree to pay amounts you can't afford.
You may want to call a non-profit consumer credit counseling service to see if they can help you work out a repayment plan. In making any plan, keep in mind your priorities and pay off your most important debts first.
As a last resort, you may want to consider filing in bankruptcy. Filing in bankruptcy will instantly stop all debt collection efforts of any kind, at least temporarily. If you are thinking about bankruptcy, talk with a lawyer to find out what your rights and responsibilities are.


Friday, August 26, 2011

TROUBLE. WHO IS ADVISING THIS MAN? ANYBODY?


Obama Jobs Plan
May Be Aimed at
High Risk Mortgage Borrowers

“It almost seems to me you want to have some type of announcement or policy, program or something from the federal government that provides that clear signal that we are here supporting the housing market and this is indeed a good time to really consider buying,”

-- Frank E. Nothaft, the chief economist at Freddie Mac, talking to the New York Times about a reported administration plan to offer lower mortgage rates to borrowers with bad credit.

At the center of the Panic of 2008 were defaults on cheap mortgages for Americans with poor credit. The latest idea to reverse the resulting recession is for the government to offer cheap mortgages to Americans with poor credit.
There have been rumblings for weeks that the economic plan to be offered by President Obama after he returns from his vacation would be aimed, at least in part, at trying to re-inflate the American housing market.

Nearly non-existent interest rates, tax-rebates and free money for banks that refinanced underwater borrowers have not worked to reverse perhaps the steepest slide in home values ever. Even when there was hope for recovery, home values kept descending.

There are lots of problems for American homeowners, but one of the biggest is that foreclosures continue to hit the market. Rather than clearing the glut of foreclosures from the bubble burst that preceded the panic, lenders have been forced to delay the process. That has prevented homeowners in good standing from getting top dollar for their homes.

And now, mortgage delinquencies are on the rise again for the first time since 2009.

The other problem is that banks, fearing looming regulations from the Dodd-Frank financial law and leery of the weakening economy aren’t keen to make loans of any kind, especially when returns are minimal.
The dribbles from the White House on housing have hinted at some big ideas: having the government hold and lease foreclosed homes and even having the government fully take over busted and bailed out mortgage buyers Fannie Mae and Freddie Mac.

The trial balloon in today’s New York Times puts the earlier leaks in perspective. The idea is to have the government offer to refinance the mortgages of millions of Americans whose credit scores prevent them from grabbing the lower-than-5-percent commonly available to qualified buyers today.

The administration is envisioning an $85 billion instant stimulus as those with poor credit see their rates drop dramatically. But to do it, the government would likely need to take over Fannie and Freddie.
Remember, it was providing cheap loans to people with poor credit that exploded the “government subsidized entities,” and any path to taxpayers ditching the lenders that have soaked up more than $300 billion in bailout funds involves a path to fiscal solvency.

No way the private market will tolerate Fannie and Freddie returning to their old ways. It means a takeover and lots of new rules.

One of the criticisms on the left of the Obama efforts to revive the housing markets have failed is because they have been modest and voluntary. This would be large and mandatory.

But part of the reason the president resisted something with, as they say at the White House, “bigness” has been that Americans who pay on time and keep their credit in good shape would deeply resent a subsidy for the credit unworthy.

Another problem: If the government will give cheap money to almost anyone, banks may get out of residential lending altogether. That could have the same effect as the president’s health care law is forecast to have on insurance: a massive shift to public rolls.


Obama Knows the Political Power of Debt and Deficits
“The problem is, is that the way Bush has done it over the last eight years is to take out a credit card from the Bank of China in the name of our children, driving up our national debt from $5 trillion for the first 42 presidents – number 43 added $4 trillion by his lonesome, so that we now have over $9 trillion of debt that we are going to have to pay back – $30,000 for every man, woman and child. That's irresponsible. It's unpatriotic.”

-- Then-Sen. Barack Obama campaigning in North Dakota in July 2008.

One of the things that made Barack Obama so attractive to independent voters in 2008 was his indignation over the national debt. He snatched the issue of fiscal restraint away from Republicans, even as the GOP nominated one of its top budget hawks.

Obama was ostentatious in his refusal as a senator to vote for one of President George W. Bush’s requested increases in the debt ceiling and he raided Republican leaning suburbs as a candidate with promises of returning fiscal restraint to Washington.

As president, though, Obama has argued that he and the Democratic supermajority in Congress that greeted him in Washington had no choice but to escalate deficit spending because of an economic crisis and joblessness, driving up the federal debt more than $4 trillion in less than three years.

But remember Bush explained the deficits of the Republican Congress as crisis-oriented too, explaining that the disruptions of 9/11 and cost of the Global War on Terrorism were also temporary, unavoidable and reversible.

Candidate Obama knew that voters might cut politicians some slack in the name of crisis management, but that patience expires. And if anything, patience now will be briefer.

Bush was asking folks to remember the deadliest foreign attack ever on American soil and Obama is asking folks to imagine that the economic circumstances would be worse today if the government hadn’t borrowed trillions more. The Panic of 2008 was just 33 months ago, while 9/11 is now approaching the decade mark. Which event can you remember most clearly?

The latest Congressional Budget Office projections on debt, deficit and the future of the economy say that the three largest deficits in the last 65 years will be the ones from the Obama era and that barring massive tax increases and cuts, the debt could grow by $8.5 trillion in the coming decade.

His fellow Democrats may rage at Obama for not fighting harder for a third round of Keynesian stimulus borrowing, but Obama knows what they may not: the potency of the debt as an electoral issue with independent voters.

In this way Obama is trapped between what he knows and what he believes. He knows that independents like fiscal restraint, but he believes that government spending is needed to revive the economy.