Debt Help Tips & Information

By Daniel Cohen Jun 17, 2013
Past due bills? Find a debt relief solution.
HIGHLIGHTS
  • Establish a plan.
  • Know your debt help options.
  • Build a budget and commit yourself to attacking your debt, and if you cannot self-manage then get debt help fast.

Debt Help & Debt Consolidation Help to Solve Your Debt Problems (with video)

If you are in debt, you probably need to get debt help to get yourself debt free and back on solid financial footing. Bills.com can help you evaluate your debt help options, from debt consolidation loans to credit counseling to debt resolution. Many people let debt pile up and do not get aggressive about getting debt free. If you really want to get your finances back in order and your creditors off your back, you need to:

  • Establish a plan and start with a budget and a commitment to helping yourself before looking for third party help
  • If you want lower total cost or payments, know what your debt help options are
  • Start paying off your debt
Quick tip #1: Get a no-cost, no obligation analysis of your debt options from a pre-screened debt relief provider.

Did you know that just by calling your creditors and requesting to be on their "hardship" program that you can cut your interest rates, sometimes even qualifying for zero interest charges or a reduction in the size of your required monthly payment? Did you know that with the help of a credible debt resolution firm, people in serious debt hardship may be able to find a plan to negotiate resolutions on their debts for as little as half of what they owe? There are many tools and tips and secrets we have uncovered to help you find your own path the debt freedom.

Bills.com has aggregated all the debt help resources and information you need to start tackling your debt today. We even have a Debt Help Savings Center that will help you find the best solution for consolidating and paying down your debt, whether that is debt consolidation, credit counseling, debt settlement or other forms of debt help. Bills.com will help identify what options you have and which ones are best suited to help you tackle your debt. Browse through our articles, debt help guides, and debt relief tips and get all the information you need to get debt help.

Understanding Debt: The Impact and Options for Consumers

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Comments (53)


Lynne G.
Louisville, KY  |  June 14, 2013
I made a payment arrangement with a debt collector (attorney). The arrangement was that they would automatically withdraw the amount from my account each month. I noticed after the first 2 months, no money was being taken. I made written contact with them on 3 occasions, giving them my account number again and asked that they begin withdrawing the payment. I then receive a garnishment notice from my employer. I again contacted the collector, gave them my account information and told them they did not uphold the original payment arrangement. They released the garnishment. Again, the following month, no money was withdrawn. I then began making payments to them online. After 4 payments, they garnished my wages again saying I missed a payment. I have made in total 7 attempts to contact them to plead with them to uphold the original agreement that they automatically withdraw the funds. I explained had they done this, there would have never been a missed payment. They refused and said they tried withdrawing the money, but were unable to. The bank has verified that the funds were available in my account when they said they supposedly try to withdraw the payment. I then asked for proof of these attempts and they refused. At this point, I am having 6 times the amount originally agreed upon taken out of my check each month. I told them this was causing me a severe financial hardship. I was berated by the person at the attorney's office and told it was all my fault, even though they did not adhere to the payment agreement. Do I have any options? They are refusing to release the garnishment They refuse to send me any documentation or discuss with me any further. Thank you.
Bills.com
June 14, 2013
Time to level the playing field and get a lawyer arguing your position with the collection agent.

You mentioned a hardship. Call your county bar association and ask for the names of the organizations that provide no-cost legal services to people in your area with low or no income. Make an appointment with one of those organizations, and bring all of the documents you have have regarding this debt to your meeting. The lawyer you meet will advise you of your rights, and whether you have a cause of action (a legal reason to file a lawsuit) against the collection agent for failing to follow the terms of your settlement agreement.

My guess is you will not need to file a lawsuit to gain the collection agent's attention, drop the garnishment, and restart the payment plan.
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Lynne G.
Louisville, KY  |  June 17, 2013
Thank you for the reply. An attorney is my only option as far as dealing with this collection agency? Is there any other agency, such as the Federal Trade Commission, or anyone else I can contact who can help me with this matter? I am currently working towards paying off my debts and rebuilding my credit. While my income is average, my debt payments are pretty high. I'm not sure I would even qualify for legal assistance. What this collector is doing is unfair, and I'm not sure it is even legal. I guess my question is; is an attorney basically my only option for battling this collector and holding them accountable? Thanks again.
Bills.com
June 18, 2013
You can argue this issue yourself, without hiring an attorney, if you wish to. My point in suggesting hiring a lawyer is that your opponent is operating in violation of your contract. The FTC receives thousands of complaints a year, and it acts on a wholesale level against law-breakers who break the law or defraud a large number of consumers. It is unlikely an FTC lawyer will have the time to help you individually.
Pete S.
Big Pine, CA  |  April 10, 2013
I had an account with American Express over 10 years ago. During the time I had the account, I was being charged for magazine subscriptions that I never ordered. After getting a number of these charges reversed, I was unable to get the rest of them reversed. I accumulated over $1,200 before my account was closed. Since I considered these to be fraudulent charges, I refused to pay. American Express sued me in small claims court. The court did not provide me with the proper paperwork to dispute the claim and granted judgment in favor of American Express. I did not hear anything back from American Express for almost a year when I received a 1099 form for which I paid the taxes on the amount in dispute. Just recently I received a letter from AE giving me the option to dispute the claim. This letter is more than 10 years after the original judgement. Does this conform to the Fair Credit Reporting Act. I am in the process of refinancing my house and cannot afford a negative credit statement. What do you suggest? Thanks for your help.
Bills.com
April 11, 2013
American Express' recent letter is very curious. I would not hazard a guess what it means without reading it. Accordingly, take the letter and any other documents you have regarding the debt to a lawyer who has consumer law or civil litigation experience. He or she will review your case and outline your options.

One option to discuss is filing a motion to vacate the judgment. You mentioned you were never given notice of the small-claims case filed against you. This is contrary to state and federal civil procedure law, and may form the basis for appealing the judgment and throwing out the case against you.

Another issue to discuss is your state's statute of limitations for judgments. You indicated you reside in California. The California statute of limitations of a judgment — in other words, a judgment's lifetime — is 10 years. It can be renewed before its expiration to tack on an additional 10 years. Your lawyer can contact the court to learn if American Express renewed the judgment.

You asked about the Fair Credit Reporting Act. Under the FCRA, the consumer credit reporting agencies can publish information about the judgment for 7 years or the statute of limitations for the judgment, whichever is longer. If the judgment expired without being renewed, and Equifax, Experian, or TransUnion are still publishing this information, then file a dispute with the offender(s).
Wendiellen M.
Brown, IN  |  February 11, 2013
In 2007, I took out my last private student loan through Sallie Mae and I paid on them once I needed to until January of 2009, and this is reflected on my credit report. In 2009, I went to prison and was there until August if 2011. The day I got out, my grandmother died and sometime soon her estate will be settled and I will receive a small amount. I made some payments on these loans when I got out of prison, but at the end of the agreement time, they said my payments were no longer sufficient and would need to pay more. I am a server and was paying two different collection agencies and a car payment, insurance, rent, and other associated bills. I just want to make sure they can't take what little i am going to receive. I live in Indiana, and was recently married. I believe as long as i don't put all of it in our bank account only $4,000, what Indiana has to leave in there, we should be alright. But I would like verification of this. Also, I haven't received notice of a judgment or a summons. Please help. Thank you, Wendiellen M
Bills.com
February 12, 2013
You are accurate about Indiana's exemption laws for bank accounts. However, do not assume the bank or judgment-creditor will follow your state's laws when push comes to shove and the judgment-creditor sends the bank an account levy demand. Judgment-creditors seem to take the position that it's better to empty a judgment-debtor's account and ask forgiveness later if the judgment-debtor complains.

Our advice? Let us assume Sallie Mae or its collection agent receives a judgment against you. Let us also assume you receive a lump-sum inheritance you mentioned. You would be wise to withdraw as much as you can from your account and leave only as much in the account as you need to pay your monthly bills.

See the Bills.com article Sallie Mae Private Student Loans to learn more about your repayment options.
Jim T.
Vassar Township, MI  |  October 17, 2012
I recieved a summons and complaint recently from a law firm that is sueing me for an account I have with a collection agency. I was slowly paying this off for almost 5 years. In August of last year, I spoke with the collection agency and explained that my income had been cut in half, due to a change in profession. He agreed to hold off on payments until things got better. They continued to send me monthly bills that state that the balance of the account is $2650.00. The latest monthly statement (dated 10/5) has this balance and the due date with the amount due for my payment. In the letter, they also offer to settle for 70% of the balance. In the complaint on the summons, they state that there is now due and owing $4195.00 and that my account has accrued interest in the amount of $4521.94 (total of $8716.94). I have submitted my answer to the county clerk, two days after I recieved the summons. In the answer, I denied the amount owed, due to my current statement/bill showing $2650.00. I also denied the interest amount, due to the stated balance of $2650.00 I also denied their assertion that demand was made to pay off the balance. On my statement, they only ask for the monthly payment and the offer to settle for 70% of $2650.00. I attached this statement to my answer to the summons and claimed an affirmative defense since the balance stated in the summons did not reflect my payments. My bill for this month, stated my due date for payment was 10/21. I sent a cashier's check from my bank via overnight mail. I met the deadline for this month's payment and will keep paying until this is paid in full. Can I still hold them to that agreement and that balance? I am wondering if I have a good chance for avoiding a judgement against me and if I have grounds for a counterclaim of any sort with them stating a different balance than what this month's bill states? Sorry for writing a novel on here, I just wanted to present all of the information. Any advice would be very much appreciated as I am absolutely terrified of what this could do to my family.
Bills.com
October 21, 2012
The best advice I can give you, given the complicated facts you presented, is to speak with an attorney as soon as possible. He or she can best answer your very reasonable questions about whether the agreement you had was a binding agreement, what balance should apply, or if you have any grounds for a counterclaim.
Dean J.
Jacksonville, FL  |  February 25, 2012
My mother has been contacted by a collection agency on a credit card debt that the company says is from 2001. I looked through all 3 credit reports and the account is not listed. I just started cleaning up her finances, and it shows she paid on the debt for 6 months in 2010. I haven't been able to figure out why it stopped yet. 2 questions: 1. How do I determine if the debt is actually hers? (agency says it is) 2. Because she payed on it recently, does that mean the SOL stars new and did that make the debt hers? She won't remember paying on it, I checked her bank statements, she just follows what others tell her, that's why I'm fixing her problems now. Thanks in advance.
Bills.com
February 26, 2012
She could validate the debt, as a first step. Given how old the debt is and her lack of records, if she receives validation that she feels is not legitimate, she may have trouble proving the debt isn't hers.

I say this without blaming your mom, as she was pressured into paying on the debt, but she shot herself in the foot, when she made a payment on the debt in 2010, if the SOL had passed. Paying on an old debt can start the SOL again. If she paid on a debt that was not hers, making the payment does not make the debt her responsibility.
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Dean J.
February 26, 2012
Thank you for your reply. I went ahead and settled on their payment of a third of the "actual" debt. I will be calling the original credit card company tomorrow.

Another question in the vein of stopping this from happening again. Can I put a freeze on her credit that only lets me approve any new account, credit card or revolving account (she orders a lot by phone), to be created? When reviewing her credit reports, I found a new account that she opened without me knowing. She takes no responsibility for her debt and has proven she can't control her spending. I would like to avoid any future issues for her and myself. I currently have power of attorney for her. Thanks again.
Bills.com
February 26, 2012
Contact each of the major credit reporting agencies and place a credit freeze on your mother's credit files. This should prevent anyone, including her, from opening a new account. The freeze prevents a creditor from gathering any information from a credit bureau on the applicant. I say should prevent new accounts because there is no requirement that a creditor run a credit check on a new applicant, though virtually all do.
Kimberly W.
Lexington, SC  |  February 15, 2012
I have several derogatory accounts on my credit report that range from 2001 to 2008. Should I pay off all of the accounts?
Bills.com
February 16, 2012
Kimberly, what steps you take depend on a few different factors, including:
  • Your goals
    • Improving your credit score
    • Protecting yourself from collections
    • Clearing out old derogatory accounts to qualify for a mortgage or loan
  • The status of the statute of limitations on your debts
  • The aggressiveness of your creditors.

Old accounts should fall off your report 7½ years after your first delinquency. You can dispute items on your credit report that should no longer be appearing.

Regarding debts that are within the 7½ period, some may be past their statute of limitations. You can choose to do nothing with those and use the SOL as a defense, if any creditor tries to collect on debts past their SOL. You could also try to negotiate a pay for delete, using the fact that the SOL has passed as leverage. You can also try negotiating pay for deletes on the debts that have not reached their SOL. In either case, the creditor does not have to agree to have the item deleted, if it so chooses.

If no creditor is contacting you, reaching out to the creditor can, in some instances, bring about aggressive collection efforts.

Jennifer M.
Hillsboro, OH  |  November 04, 2011
If you have a charge off and you are sending them a payment every month and they are accepting it. But, now are saying that is not enough. But, you can't afford to pay more. What can they do.
Bills.com
November 04, 2011
I hear this question often. See the Bills.com resource If I Pay a Small Amount on My Debt, Can I Be Sued? to learn more about this issue.
Lilly N.
Richmond, CA  |  October 27, 2011
Hello, Bill. In a comparable analysis cost between legal cost to hire a lawyer and self settle down the court order with creditor,I prefer to work on my own. I have much experience to do paper work. Please advise and share information. I appreciate this
Bills.com
October 27, 2011
If I understand your question correctly, you seek advice in negotiating a settlement on a judgment. See the link I just mentioned to learn more.
Lilly N.
Richmond, CA  |  October 24, 2011
Hello, Please give me any advice to settle a court order debt about $4k My sister has business as nails. Lease finance goup llc / service of creditor machine insited her for free trial 1 month. About two wks later, she did not like it and call agent to take back the machine. They promised to come and fix the problem and never took back the machine It turned out to pass free trial deadline and got in the actual contract. Now they filed court order debt which my sister felt that no reasonable and scam I want to negotiate with the creditor or comp to settle down debt. My sister has no docs on her hand. I dont have creditor infomation on her credit report either except court order docket and where the creditor filed claim. Any advise, please help me Is that possible to settle down a court order. Possible for a payment plan? Possible to claim for a scam or fraud? How to do it? I appreciate all ideas and share information
Bills.com
October 24, 2011
Tell your sister to consult with a lawyer in her state who has experience in litigating (arguing in court) civil cases. The sooner she talks with a lawyer, the faster she can resolve the case at the lowest possible cost.
Kara H.
Malden, MA  |  October 22, 2011
A while ago i got into trouble with my credit cards when i lost my job and had no money saved up.Eventually when i got back on my feet i got help from an agency that help me settle my debt with the exception of 1 because this collection agency when we sent an offer to settle, the collection agency replied with a letter sent to them and to myself that "they were ceasing all efforts of collection regarding this account and that they contacted all 3 credit reporting agencies who they furnished info regarding this acct and ask them to delete it from their files"why they did that i have no idea becuase we were trying to settle.The problem now is that come to find out a couple days ago that they only asked 1 credit agency to delete Transunion but left it in the other 2 still showing as transferred and derogatory and now that account got sold out to a different lender who is now calling me and asking to pay for this with extra fees and interest, can i fight it with that letter? that account was not charged off until July 2006 and I believe that the statue of limitations in MA is 6yrs so technically they still can right? I told them that this account was settled so what should I do? Contact the previous lender? Send them that letter? Please give me an advice. I also noticed that some of the lenders we settled with they took it from 1 or 2 of the credit reporting agencies but not all three what is your advice?I hope you can help me. Thanks in advance.
Bills.com
October 24, 2011
The language you shared from the letter you received indicates, to me, that the debt collector was ceasing collection activity, but not that the debt was settled or brought to a $0 balance. Whether or not the debt had disappeared from any or all of your credit reports would not mean that the debt no longer existed.

If some entity purchased the right to collect on this debt and is contacting you prior to the expiration of the SOL, you may have to pay the debt. You can try to negotiate a settlement or payment plan with the new collector. If you can reach an agreement (and if the debt is within the SOL and you can't prove it was settled), then you could be sued.

Regarding your other accounts, if the creditors agreed to delete the accounts from your credit report, then you need to contact them to make sure they do. If you did not negotiate a pay for delete, at the time you reached your settlements, then the debts are likely to remain on your report.
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