Friday, March 20, 2009

Divorce Your Debt: Five Alternatives


Debt, particularly the kind that comes from credit cards, can leave consumers on a sort of hamster wheel, paying, paying and paying and never getting anywhere. While most people use their cards meaning to pay their debts, bad decisions, a struggling economy or unexpected expenses can derail the best of intentions. Unfortunately, when it comes to debt, it isn’t the thought that counts.

Eventually, most people on that hamster wheel realize the futility and will do just about anything to get off. It is important to understand the alternatives.

DIY debt reduction
is a plan in which consumers strive to reduce or eliminate their debt on their own. In its simplest form, a DIY plan must employ two criteria to work. Consumers must stop using credit and they have to pay more than the minimum amount due each month. A DIY plan requires a lot of discipline and belt-tightening but it will work, though it may take years longer than most people think.

Add on a few details to the plan and it can work more quickly. By paying at the beginning of billing cycles, one saves a bit of interest and is never in danger of late fees. Over paying by at least 20% will significantly affect the principal debt. The more money paid early in the process, the sooner it will be over but the most dramatic results may not be visible for quite a while.

Transferring Balances or shifting debt from one credit card to another may provide temporary relief and help jumpstart a DIY plan. Combined with very aggressive payments, that little interest rate break may last long enough to help people get back on track. Unless there is a real DIY plan, however, transferring balances just postpones the inevitable. The introductory interest rates are temporary; sometimes barely lasting six months. One must consider the subsequent interest rate if the debt cannot be paid entirely during the period of the introductory offer.

There are also lots of snares and traps associated with balance transfers. The ways the interest is calculated, the method the creditor uses to classify balances and how payments are applied could end up costing the consumer much more than imagined. Additionally, penalties in the forms of fees or interest rate hikes if the consumer is even a day late with a payment can make the balance transfer a really bad decision.

Debt Consolidation is often the first alternative people think of but is unavailable to most consumers. Consolidation is supplied by a bank and is usually associated with a line of credit or a loan based on home equity. If a consumer does not have assets and equity, there is no loan.

Paying off high-interest rate credit cards with a lower interest rate mortgage makes sense on several levels. The lower interest rate, easier payments and the ability to deduct the interest from taxable income are enticing. However, default on the loan can result in the loss of a consumer’s home instead of mere credit report damage on unpaid, unsecured debt. Lengthening the payback time on the debt may reduce payments but additional months or years of interest really add up. And there is always the potential of running up those now empty card balances again.

Debt Management is when an agency, usually a non-profit company, contacts a consumer’s creditors and requests interest rate and minimum payment reductions which are significant enough to help the consumer effectively pay the debt in a reasonable time frame. These agencies have standing agreements with most creditors and if the consumer is in arrears, the proposals for payment plans are often accepted. The debt management agency will also consolidate payments so that the consumer makes one large payment each month to the agency which is then distributed to the creditors. Fees often apply and a consumer is required to stop using credit entirely. Debt management also maintains the damage to credit reports that first prompted the need for help. Even with generous creditor concessions, it can take years to pay off the debt.

Debt Settlement must be accomplished by experienced negotiators who approach a consumer’s creditors and negotiate a reduced balance. Debt settlement requires considerable knowledge of consumer rights and a clear understanding of the credit card industry. The consumer will pay less on the debt but often has to pay all at once. (Sometimes payment plans can be established but usually this involves additional loans which are secured with assets.) The consumer will also pay a steep fee to the settlement company. Credit report damage remains to the legal limit and all forgiven debt becomes taxable income; so Uncle Sam gets his cut next April.

Bankruptcy comes in a number of forms. Most often consumers are guided to either Chapter 13 or Chapter 7 bankruptcy. Chapter 13 is a court ordered version of debt management and many who file for Chapter 13 eventually re-file for Chapter 7. Chapter 7 is when the court orders that included debt be discharged entirely. The consumer is given a fresh start with a credit report that is severely damaged for ten years.

Filing for Chapter 7 does not automatically guarantee that debts will be discharged. Consumers would be well advised to seek the advice and guidance of a reputable and experienced attorney who specializes in bankruptcy.

Getting advice is often difficult because it seems that everyone who knows enough to give it also has something to sell. With the exception of the DIY plan, attempting to do any of them on one’s own can make matters much worse.

When creditors are alerted to a possibly defaulting debt, they will, of course, act and speak in their own interest. They may revoke credit making the entire balance due immediately. They may reduce credit limits far below the outstanding balance, charging over-the-limit fees until the balance is significantly reduced. They may raise interest rates and increase minimum payments. They may even sell accounts off to collection agencies which will assuredly be much more aggressive than the original creditors and which are more likely to actually take the legal action they threaten.

A common mistake consumers make in choosing one method over the other is they base their decision on emotions more than understanding the practical solution that best fits their situation. They wish to be ethical without understanding the ethics of the credit world. They worry about their credit reports without knowing how credit reports work. They fear not having their credit cards because they do not know how to live without them or within their means.

Education is key to our decision but second best is advice from a certified, and reputable, financial counselor—not a financial adviser who focuses on investments. The National Foundation for Credit Counseling (NFCC) provides a website feature to help locate reputable certified counselors. These counselors all work for debt management agencies under the governance and standards of the NFCC and are a consumer’s best bet for reliable advice.

Joseph Onesta is speaker, trainer and work culture consultant. As former Director of Education for Consumer Credit Counseling Service of Los Angeles, he has helped tens of thousands of consumers along the path to financial wellness through education seminars, workshops and publications. To learn more about his services, visit his website at www.integrityhpi.com.

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