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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

What Debt Collectors Can and Cannot Do

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The Fair Debt Collections Practices Act (FDCPA) limits the tactics that debt collectors can take to collect on a debt.  Here are 10 things debt collectors can and cannot do.

5 Things Debt Collectors Cannot Do:

  1. Come to your place of work. It is illegal for a debt collector to come to your workplace to collect on a debt. The FDCPA prohibits a debt collector publicizing your debts and showing up at your place of work to collect on a debt.
  2. Harass you. Harassment can come in a variety of forms and include: repeated phone calls, threats of violence, publishing information about you, abusive or obscene language.
  3. Arrest you for debt. You cannot be arrested for a debt you owe.
  4. Purse you for a debt you do not owe. Incomplete or inaccurate documentation can lead to a debt collector pursuing the wrong person for payment.  The issue is not uncommon, but it is illegal.
  5. Call you at any time. It is illegal for debt collectors to call you before 8 a.m. and after 9 p.m. You can request that a debt collector stop calling you, but your obligation to pay still remains.

 

5 Things Debt Collectors Can Do:

  1. Seek payment on an expired debt. Even debts that expired according to the statute of limitations can still be requested from debt collectors.  These unsecured debts can include credit cards and medical bills.  Remember: You cannot be sued for payment on these expired debts.
  2. Pressure you. While debt collectors cannot threaten you, they can apply pressure to collect payment.  Pressure can include daily calls, frequent letters or talk about pursuing a lawsuit for payment.
  3. Sue you for payment on a debt. A debt collector can sue you for non-payment. These type lawsuits can result in wage garnishment, bank levies or both.  It is best to consult with an experienced bankruptcy attorney before you are sued or there is a judgment entered against you in regard to an outstanding debt.
  4. Sell your debt. A collector can resell debt it has not been able to collect on. So if one debt collector stops contacting you about a debt, do not be surprised if another starts.
  5. Negotiate what you owe. Because debt collectors buy debts for sometimes pennies on the dollar, they have fairly large profit margins if they collect the original amount owed. This gives them more flexibility in negotiating payment. You may be able to negotiate a settlement for 25% or 30% of what you originally owed.  Remember, to get the agreement in writing so you have proof that the amount paid was all that was required in the settlement.

If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:

https://www.nerdwallet.com/blog/finance/things-debt-collectors-cannot-do/

 

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Tips to Reduce Your Medical Debt

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When dealing with an unexpected medical bill, such as a trip to the emergency room or overnight hospital stay, one approach many consumers are taking is to negotiate the debt.  This trend is likely to continue.  According to a recent study, 20 percent of those 65 and older struggle to pay medical bills, and 30 percent of working adults with health insurance struggle with the same.  Almost half of Americans surveyed said they had trouble paying an unexpected medical bill of more than $500.

Whether your medical debt is the result of a high-deductible, out-of-network charge or procedure not covered by insurance, these tips will help reduce your medical debt.

  1. Be proactive. For a planned operation, make sure your insurance company covers the cost and the doctors and medical professionals working on you are ALL in-network.  Get a confirmation from your doctor  in writing or through email correspondence.  This will help you later if you learn an out-of-network provider was used.
  2. Research. Whether you are negotiating in advance or after you receive a bill, websites such as Fair Health and Healthcare Bluebook can help you determine what insurers pay in your area.
  3. Confirm the bill is correct. Ask your insurer if a portion of the bill will be covered or all of it.  Then call the provider that sent you the bill.  There may be some back and forth with this, so it is important to be patient- and persistent.
  4. Offer to pay cash. If you are able to pay most of the bill, offer to do so.  Medical advocates say they can often get a 15 to 20 percent “prompt pay” discount this way.
  5. Let them know if you cannot pay. If you are on a fixed income or struggling financially, letting the provider know you are not able to pay will give them a reason to offer you a discount or be placed on a reasonable payment plan.   If you cannot pay, tell them why you cannot pay.  Some states require hospitals provide free or reduced care to consumers within certain income limits.  Florida is one of these states.

Those who have experienced illness or injury and found themselves overwhelmed with medical debt should contact an experienced Miami bankruptcy attorney. In bankruptcy, medical bills are considered general unsecured debts just like credit cards. This means that medical bills do not receive priority treatment and can easily be discharged in bankruptcy. Bankruptcy laws were created to help people resolve overwhelming debt and gain a fresh financial start. Bankruptcy attorney Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:

https://www.consumerreports.org/medical-billing/six-smart-steps-for-lowering-medical-bills/

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Regulators able to get $192 million in Student Loan Debt Settlement from Aequitas

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Aequitas Capital executives believed they had purchased a gold mine when they began buying student loans from Corinthian Colleges- instead, the debt proved to be the company’s downfall.  Following the for-profit college’s decent into bankruptcy and liquidation; Aequitas also collapsed amid accusations the company’s top execs were running a Ponzi scheme.

However, Aequitas continued to collect payments on the debt- until now. The U.S. Consumer Financial Protection Bureau and several state attorneys general and the Aequitas receiver reached a deal in which about 41,000 former Corinthian students whose debt is held by Aequitas could get more than half- possibly all, of their debt eliminated.

In July 2015, Aequitas became a key ally and vital source of liquidity for Corinthian by buying massive amounts of student debt. By helping finance Corinthian’s in-house private loans, Aequitas enabled Corinthian to access billions in student loan money from the U.S. government.

The bureau recently filed a lawsuit against Aequitas as part of the settlement. It claims Aequitas employees privately expressed anxiety about the huge percentage of Corinthian students who were failing to make their loan payments. “With defaults this high, how can we defend our practices,” the unidentified employee wrote in a 2011 note.

Click here to read more on this story.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Student Loans Vs. Other Debt: Find your Most Powerful Debt Payoff Strategy

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Many Americans struggle when trying to prioritize which debts to pay off first. Here is a helpful guide for deciding when to prioritize paying off student loans before other debts.

4 Reasons You Should Pay Down Your Student Loan Debt First

  1. You have high student loan rates. If your student loans have the highest interest rate of all your debt, that is where you should begin. You may also want to explore refinancing your student loans if you qualify for a lower rate.
  2. Your student loans have a small balance. Paying off your student loan with a small balance first is called the debt snowball method. This method allows you to see results and to stay motivated to keep up with your payoff plan.
  3. You have private student loans. Private student loans are considered “riskier” forms of debt than federal loans, which is why you should pay them off sooner rather than later. The reason they are riskier is because they do not offer the same repayment protections and options as federal loans, such as income-based repayment plans.
  4. You are close to defaulting on your student loans or declaring bankruptcy. Defaulting on a federal loan can lead to wage garnishment much more quickly than if you are not making credit card payments. Therefore, if you are struggling with student loan debt, make it a priority to make those payments first.

 

5 Reasons You Should Pay Down Other Debts First

  1. You are following the debt snowball method. The debt snowball method may lead to you paying off student loans first, however; it may also lead you to target other debts with higher interest rates or lower balances first.
  2. You value federal loan protections. Federal student loans offer repayment options and other protections that other types of debts do not offer.
  3. You hope to qualify for the Public Service Loan Forgiveness program (PSLF). The PSLF is slated to forgive federal student debt for more than 550,000 Americans, according to the Washington Post. Any balance remaining after 10 years will be forgiven to eligible borrowers. The more you pay on this debt, the less you will be left for the government to forgive.
  4. You want to improve your credit. Decreasing your debt is a good way to improve your credit score. However, certain types of debt will increase your score faster than others. Higher balances on revolving debt will give you a higher utilization ratio – which can damage your credit. If you have your credit cards maxed out, you should target this debt first.
  5. You want to claim interest tax deductions. When considering which debt to prioritize, it can help to consider the potential tax benefits you can claim. Most consumer debt cannot be claimed as a tax write-off, but student loan debt and home mortgages are exceptions.

Click here to see more on this story.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

How to Handle Debt Collectors When They Call

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Receiving a call from a debt collector can be stressful, especially if you are tight on money. However, sometimes collection agencies have the wrong contact information or may be trying to collect on a fake debt. Collection agencies may also use aggressive tactics to scare you into paying a debt. Here are some tips from the Better Business Bureau to help you respond to debt collectors correctly.

Your rights under the Fair Debt Collection Practices Act:

  • Debt collectors are required by law to provide information in writing. If you are contacted by a debt collector, ask to be provided with an official “validation notice” of the debt.
  • You must respond in writing within thirty days of receiving the debt notice to avoid further action by the collector. If you have proof that the debt has been paid, provide that as well.
  • A debt collector must prove that you owe the money before they can try to collect if you dispute the debt in writing within 30 days.
  • They cannot harass, oppress or abuse you. They are prohibited from swearing at you or calling repeatedly.
  • They cannot contact you at work if you tell them not to do so.
  • They cannot continue to call if you request, in writing, that they only communicate with you by mail.
  • They cannot collect a debt that you do not owe.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Credit Card Debt a Growing Concern for College Students

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A recent study conducted by Nellie Mae, the nation’s leading student finance firm, revealed that the average undergraduate carries a credit card balance of $2,169.  According to the study, many students use their credit cards without knowing how the bills will even be paid off.  It also showed that many students used credit cards to pay for tuition and books, instead of federal student loans that offer lower interest rates.

Four out of five college students amass nearly $1,000 a year in credit card debt.  One cause of credit card debt is college students’ difficulty in adjusting to their newfound financial freedom.  Parents and students need to come up with a budget for credit card spending before their child leaves for college.  Make sure your college student knows not to use money they do not have, even for a one-time purchase.

Use resources available to keep them on the right path.  You and your college student should sign-up for overdraft alerts on all accounts. Online alerts and apps on your Smartphone can help with this.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:

https://www.fastweb.com/personal-finance/articles/dealing-with-credit-card-debt

http://www.nbcdfw.com/news/local/Credit-card-debt-a-mounting-concern-for-college-students-441338263.html

Bankruptcy Law, Credit, Student Loans, Timothy Kingcade Posts

Student Loan Servicer Accused of Mismanaging Debt Forgiveness Program

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According to a lawsuit filed by the attorney general of Massachusetts, one of the country’s biggest servicers of federal student loans has mismanaged its debt forgiveness program, raising repayment costs for hundreds of thousands of borrowers who work in public service jobs.

The loan servicer, FedLoan, has made numerous errors, potentially keeping many students in debt far longer than they expected, according to Maura Healey, the Massachusetts attorney general.

The company’s actions have jeopardized the financial futures of teachers and public servants nationwide. Consumer watchdogs and government officials have raised concern with the government’s public service loan forgiveness program, which promises qualifying workers — including teachers, librarians, police officers and doctors and nurses — forgiveness of their remaining federal student loans in return for a decade of full-time service.

Approximately 612,000 borrowers have signed up for the loan forgiveness program and submitted at least one approved certification, according to data from the Education Department.  However, many of the borrowers are concerned about how many of their monthly payments will be counted — or even if the certification itself will be revoked.

The Education Department said that the approval notices the company sends to borrowers seeking certification are not binding and can be rescinded by the department at any time. Four of those borrowers whose approvals were withdrawn are in continuing litigation with the department.  The Education Department says their student loan debt forgiveness was in error.

Click here to read more on this story.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

6 Things Debt Collectors May Not Want You To Know

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If you have been contacted by a debt collector in the last year, you are not alone. Nearly a third of all U.S. consumers have reported being contacted by a creditor or debt collector about a debt. As a consumer, your rights are protected by the Fair Debt Collection Practices Act (FDCPA). Here are some key facts to know if a debt collector contacts you.

  1. You do not have to reveal personal information. Debt collectors might ask you for your Social Security number, date of birth or other information. However, you are not legally required to provide this information. Collectors should use the information they already have available to them.
  2. You have a right to ask for details – and you can ask a debt collector not to contact you. You should always ask that they verify the accuracy of the debt. This means the collector must provide details of the debt when they speak to you, or in writing, within five days of the call. This allows you to confirm that you actually owe the amount. If the information is inaccurate, you have 30 days to dispute the debt.
  3. You can ask to have a settled debt removed from your credit reports. If you pay off an account in collections in full, it will not erase it from your credit reports right away. In fact, it will remain on your reports for seven years. However, if you negotiate with the debt collector to settle the debt, you can ask to have that debt removed from your credit reports.
  4. Debts have a statute of limitations. State laws determine how long a creditor has to collect an amount owed to them. The time period ranges from two to six years. After this time, you still owe the debt, however; creditors can no longer come after you to collect it. This type of debt is sometimes called zombie debt or time-barred debt.
  5. You can file a complaint. If you believe a debt collector is acting unethically or has violated your rights as a consumer, contact authorities. Some states have debt collection laws that differ from the FDCPA.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Student Loans

Over 44 Million People Affected by Student Loan Debt

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According to a survey by LendEDU, a private firm that connects students and their families with student loans and loan refinancing, student loan debt affects more than 44 million borrowers, who owe about $1.3 trillion.

Student loan debt surpassed auto loan and credit card debt. However, mortgage debt remains higher than education debt.

The survey used data from 1,161 four-year colleges throughout the country and found that college students at in-state public schools paid an average of $20,090 in annual tuition for the 2016-2017 school year. This is up 2.6 percent from 2015-2016.

Despite these trends, the average amount of debt incurred by graduating students in the U.S. fell 1.5 percent to $27,975 last year.

Click here to read more on this story.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Credit, Debt Relief, Timothy Kingcade Posts

Law Firm Faces Debt Collection Lawsuit

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On August 18th, a federal appeals court reinstated a Fair Debt Collection Practices Act (FDCPA) lawsuit against a law firm that misstated the principal and interest due on a credit card loan in a collection effort.

The FDCPA prohibits debt collectors from making false statements when collecting debts. It also states that any such false statement would be considered “material.” However, the FDCPA does not specifically define the term “material.” As a result, the U.S. Court of Appeals for the Ninth Circuit focused on that question when issuing a ruling in the case of Afewerki v. Anaya Law Group. The lawsuit came after the Anaya Law Group of Westlake Village, California attempted to collect on a debt from Robel Afewerki, who owed $26,916.08 on a loan with a 9.65 percent interest rate.

The Anaya Law Group sued Afewerki in state court, stating that he owed $29,916.08, which is $3,000 higher than the loan. The firm also misstated the interested rate, saying that it was 9.965 percent, which is 0.315 percent higher than the rate. Afewerki sued the firm under the FDCPA, but a district court held for the firm on summary judgment, said the misstatements were not material.

The Ninth Circuit Court disagreed and vacated that ruling, saying the misstatements were material based on how the “least sophisticated debtor” might react to the misstatements. The court said the least sophisticated debtor in Afewerki’s position, “may well have simply paid the amount demanded in the complaint and would have overpaid by approximately $3,000.”

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.