Posts Tagged ‘judgment collection’

Investing In Bonds- How Is It Done And Is It Safe?

Tuesday, July 6th, 2010

Stocks and bonds. Doubtlessly, you’ve heard of them, and if you have been reading my articles, you know what they are. If you have not been, you should! But here is a quick update: stocks represent a portion of ownership in a company, and a bond represents money that a company “borrowed” and has to pay back on set dates. You might have heard that bonds are “safer” to invest in than stocks, but is this true? How are bonds traded, and what are the differences between a stock market and a bond market? Hopefully, this article can put these questions to rest.

Unlike the stock market, bonds markets do not usually have a centralized trading system. Instead, bonds will be traded in decentralized, dealer based over the counter markets. When an investor buys or sells a bond, the counter party to the trade is almost always a bank acting as a dealer. Another difference between bond markets and stock markets is that sometimes investors don’t pay broker’s fees to dealers with whom they buy or sell bonds. Instead, the dealers get their money by collecting the spread, which is the difference between the price at which the dealer buys a bond from one investor and the price at which he sells the same bond to another investor.

In terms of volatility, bonds are usually somewhat safer than stocks, especially short and medium dated bonds, but the value of stocks can definitely change. Bonds are liquid – it’s fairly simple to sell a bond investment, and the safety of a fixed interest payment that you will receive twice a year is attractive. Bondholders additionally enjoy certain legal protections: in the United States if a company goes bankrupt, its bondholders will be paid before stockholders because they are creditors.

But, bonds also come with their risks. Fixed rate bonds are subject to interest rate risk, which means that their market prices will shrink in value when the interest rates rise. Bonds can also be subject to other risk factors such as call and prepayment risk, reinvestment risk, event risk, liquidity risk, credit risk, inflation risk, yield curve risk, volatility risk and sovereign risk. Price changes in a bond can also affect mutual funds that hold these bonds immediately. If the value of the bonds in a trading portfolio has plummeted over the day, the value of the portfolio will also have fallen.

Finally, in the case of bankruptcy, due to a hierarchy of creditors that have to be paid that bondholders are not on top of, there is no promise of how much money will go to repay the bondholders even though the money will go to them first before shareholders. In such cases bondholders have been known to lose some or all of their money when this happens.

Mallory Megan works for Rapid Recovery Solution and writes articles on national collection agencies. This article, Investing In Bonds- How Is It Done And Is It Safe? has free reprint rights.

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Why It Pays To Know Who You Are Paying

Friday, June 18th, 2010

OK, so you owe a debt, but who is trying to get you to pay up? There are two kinds of people who might call you looking to collect money that you owe to a creditor. The creditor themselves (think Visa), or a third party collection agency that Visa may hire to collect their debts for them. The Fair Debt Collection Practice Act (FDCPA) was created in the 1970s and provides a wealth of protections for debtors. These are strict regulations and rules that a debt collector must follow, and if any of these rules are broken, there is a great possibility that take the agency that violated the FDCPA to court. But what about that deadbeat friend of yours who owes you five bucks? Are you required to grant them thirty days to refute your claim? Clearly, as both you and your friend’s wallet know, you don’t.

My point is that the FDCPA is a very special set of guidelines meant specifically for a very special set of people: third party debt collectors. Browse through Morency v. Evanston Northwestern Healthcare Corp. This was a district court case in Illinois from 1999. In this court case, a hospital issued and sent out pre-collection notices in an attempt to collect debt. For third party debt collectors, this is a definite no-no according to the FDCPA. What could have happened? Well, anyone that got the letter might have been off the hook for their debt. But after looking at the situation, the court held that the hospital was a creditor, because the money was going directly to it, and not a third party collection agency, so the FDCPA did not apply.

This case has not been the first of its kind, and courts will take many questions into consideration to determine if the creditor should also be deemed debt collector. In a lot of these cases they ask the following questions: Does it say on the letters that get mailed out if the debtor doesn’t pay up the debt will be sent out to collection? Did the creditor hire a collection agency only to send letters, not on commission? Is the collection agency itself just a mailing service?

Here’s another example: if a debtor neglects to respond to a letter sent out by a bill collection company, and said collection agency has no further contact with this individual, it probably won’t be held to third party bill collection company standards. If a collection agency doesn’t receive the files or information on the debtors, then it probably won’t be considered a debt collection agency either.

And that finishes our lesson on the differences between third party bill collection companies and creditors trying to collect, and why it pays to know who you are paying. Good luck trying to get that five bucks back from your buddy!

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Thinking Of Filing For Bankruptcy? A List Of Some Things You Should Never Do: Part Two

Friday, June 18th, 2010

In the last article in this two part series I provided you with a brief summary of what bankruptcy was, what the Chapters mean, and a list of things to avoid doing once you have made the decision to file for bankruptcy. Continuing on, if you are declaring bankruptcy, don’t liquidate your retirement account. First, it is not necessary to do this because retirement accounts are usually exempt property under the law, no matter which chapter you file. Also, if you withdraw this money early, this means liability for penalties and taxes which may not be discharged in your bankruptcy.

This next “don’t” won’t make you feel so great, but it is smart to bear it in mind. When you are paying back money that you owe, don’t favor your family members and friends. This is because even though they might be your blood, as far as the law is concerned, relatives have the exact same legal status as all of the other creditors that you owe. It is understandable that you may want to pay back the people you love nearly and dearly the most, but bankruptcy courts are not exactly known for eliciting warm, fuzzy, sympathetic feelings.

Before you declare bankruptcy, don’t transfer property out of your name. If a fair price was not received, this action can be undone, and it can certainly be undone if it were made with the purpose to hinder, defraud, or delay a creditor. Relatives and friends can fall into this category as well.

Do not utilize your equity line of credit to pay off your creditors. This is because under most state and federal laws, you have the ability to claim exemption for your home equity. So if you do not use your equity line, you can go through bankruptcy and still be able to hold onto your equity. Think about it this way: if you used your equity line to pay back debt or to take out another mortgage, what you would be doing in a nutshell would be converting debt that would have been discharged in bankruptcy into debt that you will still have to pay in order to keep your home.

To complete the article I will provide you with one DO: be sure you have a good attorney, and always tell her the full truth and let her know all of your concerns and worries. Courts take themselves very seriously and have the capacity to file criminal charges if you intentionally commit fraud. And even if they did not go that far, they always have the ability to discharge any debt that they want, or even to simply dismiss the entire case.

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What Financial Issue Do You Tackle First? Credit Or Mortgage?

Monday, February 8th, 2010

What do you do if your income diminishes? You have less money, but the amount of debt you owe remains the same. What’s the best way to prioritize payments? If you have credit cards chances are you might also have personal loans and a mortgage.

Throughout the past few years, more consumers in a bind due to decreasing income have decided that credit cards should be higher than their mortgage payments on the prioritization list. As 2009 ended it was determined that twice as many consumers were delinquent with their mortgage payments while paying credit card payments than the other way around.

Even though some of this might be a result of the credit crunch and lower balances on cards generally, this might be due to the general tendency for people to lose faith in the value of their homes as they see the real estate market erode. A lot of homeowners are giving up and simply walking away from their homes with mortgages that they cannot afford. They figure that if the only punishment is a bad credit score, there isn’t much incentive for them to keep paying money if they are not building equity.

For families suffering from financial trouble, the basic necessities are still needed: food, water and shelter. Credit cards are the usual financing tactic in times of need. There is an understandable set of reasoning for prioritizing these bills. If a credit card is taken away, someone will lose the chance to pay for the bare necessities.

However, a mortgage should be higher on the priority list than credit cards because the mortgage is secured debt. The bank that holds your mortgage can take your house away if you don’t pay because your house is collateral. While some people have no problem leaving a house whose value has diminshed, it’s not considered a very wise choice. There is a good chance real estate value eventually will come around, so sitting tight might pay off.

Mallory McGuinness is employed by a debt collection agency. Also, she composes pieces on the credit industry, business and finance, and debt collection Get a totally unique version of this article from our article submission service

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Wait. How Long Is This Going To Be On My Credit Report? Part 1

Thursday, February 4th, 2010

Your credit history. It could be your best friend, or your worst enemy. Most of the time it’s like a nosy mother in law coming to visit. You know that she’s coming, and that’s always bad news, but you are too afraid to ask or even consider how long she will be staying. Even though that was the worst analogy ever, read on to see how long negative marks stay on your credit history!

In my personal opinion, there are two records that really count in this life. Your criminal record and your financial record. Unlike your criminal record which will hover over your head for a very long time, thankfully, your credit report and scores are not permanent. But how long can these negative records exist on file?

First, errors in your credit report will be removed immediately. It you find a mistake, or a negative account that doesn’t belong to you, contact the credit reporting agency and the creditor. You should be able to have the negative account removed within 180 days.

Anytime your credit report is pulled at your request, an inquiry is put on your report. An occasional inquiry once in a while couldn’t hurt, but if you have placed a large number of inquiries within a short time period, this generally lets prospective creditors know that you need the dough and you need it fast. The bottom line is that the more inquiries that show up on your report, the lower your score will drop. These will usually last only up to two years.

But here’s the 411 about inquiries. Not all inquires will be bad for your credit score. Soft inquiries, like when you get your credit score, or when companies check your credit for purposes of making unsolicited credit offers do not hurt it. When you apply for a credit card, the creditor pulls your credit report that will result in what is a hard inquiry. This might potentially lower your score.

Mallory Megan works for a debt collection company. She also does pieceson consumer spending, business and finance, and debt collection. Get a totally unique version of this article from our article submission service

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