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The no-pants guide to spending, saving, and thriving in the real world.
When you’re buried in debt, bankruptcy can seem like the only option. When you get make ends meet, no matter how hard you pull on them. When bill collectors interrupt every dinner. When you have to choose between food and rent. When there is always more month than money. Do you have another choice?
Yes, you do.
Before you rush to file bankruptcy, take the time to understand your options.
Debt settlement is when you quit paying your bills and start sending the money to settlement company. The settlement company does…nothing. Really. They take your money and drop it into investments or interest-bearing accounts. You don’t get the interest, they do. Eventually, when your creditors are howling, the settlement company offers to make a settlement on the account. If the creditor accepts pennies on the dollar to kill your debt, the settlement company pays them. If not, they get to howl louder and make you more miserable.
While this process is playing itself out over years, your credit is taking a beating. You are doing nothing to dig yourself out of the hole you’ve dug. Finally, when your creditors are so desperate that they accept the settlement offer, you get a huge additional hit to your credit. “SETTLED IN FULL” is not a good status to have on your credit report.
Debt settlement companies do nothing you can’t do for yourself, and doing it for yourself at least lets you keep the interest your money is earning.
Consolidating your debt comes in two varieties, a debt consolidation loan and a debt management plan.
A debt management plan is when you send one large payment to a debt consolidation company, and they pay your creditors for you each month. The company will usually attempt to contact your creditors and negotiate your interest rate and payments to try to get you into a situation that precludes bankruptcy and will keep your creditors happy. In the simplest terms, this is a debt payment consolidation.
A debt consolidation loan is generally done by taking out a line of credit against your home or other collateral and using that money to pay off all of your bills. Then you make the payments to the bank, to pay off your line of credit. The problem is that, if you can’t make the individual payments, can you make the payment to the line of credit? If you can’t, you risk losing your house.
This option is my personal favorite. It involves taking responsibility for your decisions, cutting out the unnecessary expenses in your life, and paying your bills. There are a few popular plans for accomplishing this, including Dave Ramsey‘s debt snowball. The most important thing to remember are 1) debt it bad so stop using it; and 2) pay off as much as you can afford to each month. It isn’t as sexy as making all of your debt disappear, but it’s still a good option.
Let’s see. You borrow money on the promise to pay it all back. After you borrow too much, you renege on your agreement. You admit your word means nothing and you get all of your debt cancelled, forcing your creditors to raise the interest rates for all of the responsible debtors out there, as a way to balance the risk of those who will never pay. In exchange you doom yourself to lousy credit for the next 10 years. In extreme circumstances, bankruptcy may be the only option, but, I’m not a fan.
As you can see, there are almost always better options than bankruptcy. Please, before you take that leap, look into the other choices.
This is a sponsored post written to provide some insight into the world of bankruptcy and debt consolidation.
I hate scammers. Whether it’s the garage-sale shoplifter, telemarketing “charities” with 99% overhead, 3-card-monte
dealers, or the guy who begs Grandma for cash every week, they all need to be strung up. Since vigilante justice is generally illegal and occasionally immoral, it’s best to just avoid the problems from the start. Here are some scams to watch out for.
Pyramid Scams – All of the little parties people throw to earn free items at the expense of their friends are pyramid schemes. Most of those are legitimate money-sinks. A few, however, exist solely to get their “consultants” to bring in more consultants. The sales aren’t the actual way to make money. If you don’t have anyone “downstream” you won’t make any money. If the focus isn’t on selling an actual product or service, but is instead on bringing in people under you, you have entered the world of pyramid scams. Generally illegal and always immoral. Don’t sign up and, if you do, don’t ask me to participate.
Advance Fees and Expensive Prizes – If you win a contest and you are expected to send money to claim your prize, it is a scam. You don’t have to pay sales tax in advance. You don’t have to pay transfer fees. Real prizes are delivered free, accompanied by a 1099, because prizes are income. No prize requires pre-payment. No loan service requires “finder’s fees”. If it doesn’t sound right, don’t pay it and certainly don’t give your bank information to anyone you can’t verify.
Work at Home – The most common work-at-home job I’ve found is stuffing envelopes. You see the signs on telephone poles all over the city. “Make $10/hour stuffing envelopes from the comfort of your own home! Just send $50 to….” When you get the instructions, you are told to hand up signs telling people to send you $50 for instructions on how to make $10/hour stuffing envelopes. Everybody is feeding off of everybody else.
Charity – Never give money to a charity over the phone. Always take the time to verify where you are sending your money. Some freak may call to tug on your heartstrings with a sob story, but you don’t have to give them money. At least ask them to send it in writing so you can do some checking, first.
Phishing – Simply put, don’t click on any link in any email, unless you know where it is going. If it is a link to a financial institution, go enter the address into the address bar yourself. If you find yourself on a site you don’t recognize, don’t give them your personal information and don’t ever reuse your usernames and passwords. If you do, one bad site could get access to everything you do online.
[ad name=”inlineleft”]Foreign Lottery – To be clear, Spain did not just hold a international lottery and randomly draw your email address. No lottery in the world works that way. If you didn’t enter the lottery while you were in Spain, you aren’t going to win it. The scam is that you need to provide your bank information, including a number of release forms so the scammers can transfer money to you. In reality, you are signing over control of your account and will be wiped out.
Nigerian/419 Emails – Ex-Prince WhateverHisNameIs wants your help to get his fortune out of WhereverHeIsFrom. The New Widow Ima F. Raud has an inheritence that she won’t live long enough to spend. They’ve both been given your name as a trustworthy person to handle the transactions in exchange for a mere $10 million. What friends do you have that would make this seem legitimate? Once again, they will get your bank information and take your money. At a minimum, they will try to get you to pay a few thousand dollars for “Transfer fees”. Don’t do it.
Overpayment by Wire – I had this one attempted on my last week. You sell something online. A potential buyer agrees to purchase the item, sight-unseen. They’ll send a cashier’s check and, after it clears, one of their agents will pick it up. Unfortunately, the buyer’s secretary screwed up and added a zero to the check. Would you mind wiring the overpayment back, minus a small fee for the hassle? The check is bogus and there is no way to verify it. You’ll deposit the check and it will be assumed to be real. The bank will make the funds available well before it comes back as fraud. You’ll see the available funds and send the money by non-refundable Western Union and some thug in Nigeria gets a new iPhone.
Foreclosure Scams – Some scammers try to prey on the vulnerable because they are, well, vulnerable. If you are facing foreclosure, be very careful about where you turn for help. One scam is to get you to sign over your home “temporarily” to clear the title. That doesn’t work, but you won’t find that out until you are handed an eviction notice and told you still owe the money.
Stranded Friends – You get an email from a friend saying he’s in London/Moscow/Sydney/Wherever, and he’s been mugged. He’s got nothing and needs $2500 to get home. Can you help? Do you really have friends close enough to ask for a $2500 international bailout, but not so close they tell you about the vacation ahead of time? Would they really be too timid to call you collect instead of begging for change to use an internet cafe?
Occasionally, life goes truly pear-shaped and you’re forced to enter the legal system.
Even if you’re not embroiled in a tawdry, tabloid-fodder divorce, there are still legal issues that everyone needs to address, without exception.
The problem? Or rather, one of many, if you’re having legal problems?
Lawyers are expensive.
Before I go any further:
Where was I? Ah, yes. Lawyers are expensive, but there are ways to mitigate that.
There a couple of things you can handle yourself.
Small claims court, also known as conciliation court. Typical cases in conciliation court include cases involving sums under $7500(varies by state) that involve unpaid debts or wages, claims by tenants to get a security deposit, claims by landlords for property damage, or claims about possession or ownership of property. Fees and procedures vary by state, but generally cost less than $100 to file. The procedures for your state can be found by googling “small claims court” and the name of your state.
Small worker’s compensation cases can be handled yourself, if they don’t involve a demotion or termination related to the injury.
Apartment and car leases are usually simple and straightforward. Read them carefully, but you probably won’t need a lawyer.
You can probably handle your own estate planning and will writing with some decent software. I love Quicken Willmaker. It walked me through a detailed will that takes care of my kids, and gave me advice on financing their futures in the horrible event that I am tragically killed before my wonderousness can fully permeate the world. It also contains forms for promissory notes, bills of sale, health care directives and more. If you have extensive property, I’d still seek an attorney’s advice, but I’d bring the Willmaker will with me to save some time and money.
Purchase agreements. A few years ago, I sold a truck to a friend and accepted payments. I made a promissory note and payment schedule. When he quit paying or calling me, that paperwork was enough to get the state to accept the repossession when I took the truck back.
A simple no-fault divorce is actually pretty painless, on the scale of divorce pain. Again, the procedures vary heavily by state.
Other resources for finding legal information free or cheap include www.legalzoom.com and www.nolo.com.
Have you had to do any of your own legal work? How did it work out?
Last night, a friend called me up and asked me to accompany him to the police station. The police had knocked on his door, waking up his girlfriend while he was out. When he called, they wouldn’t tell him why they wanted to talk to him. Was it an ex trying to make his life difficult or one of his employees getting investigated?
This friend has had a number of interactions with the police, but never learned how to deal with them. Before we left, I gave him a crash course in “stay out of jail”.
During an investigation, you are a suspect. They are looking for a conviction. There may be a “good cop” trying to “help you out”, but he is trying to put you in jail. “Protect and Serve” doesn’t mean you. In general, it means society as a whole. During an investigation, they are serving the interests of the prosecutor.
Generally, they are going to look at you–as the target of their investigation–as the enemy. This is normal. They spend all of their time dealing with scumbags and s***heads. Naturally, they start to assume that everyone who isn’t a cop will fall into one of those categories.
Don’t get pissed when they act rude, ignore you, or anything else. It isn’t a lack of professionalism, it’s just a different profession. They are using interrogation techniques that have been proven successful. Ignore it and focus on Lesson 2.
It will feel wrong to disobey the authority you’ve been taught your entire life to obey. You’re not. You are standing by your rights. Nobody cares about your future more than you do. Certainly not the guy investigating you.
The second a police interaction starts to look like they are investigating you, demand your lawyer, then see Lesson 4. When you demand an attorney, they stop asking you questions. You can take it back and start talking, so again, see Lesson 4. It’s your attorney’s job to talk to the police and, if necessary, the media. It’s your job to talk to your attorney.
You don’t need an attorney ahead of time. Criminal defense attorneys are used to getting calls at 3AM. It’s part of their job. If you have a low enough income as defined by whatever jurisdiction you are being investigated in, you can get a public defender. That’s better than nothing, but I’d prefer to hire a professional shark, even if it means mortgaging my future. Prison is a big gamble.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
“Officer, I do not consent to any search and I would like to speak to my attorney.” Remember this. Memorize it.
They need probable cause, a warrant, or permission to search your stuff. Never agree to it. Don’t stop them if they search anyway, but never, ever agree to a search. If the search is done improperly, your lawyer(see Lesson 2) will get the results of that searched thrown out.
It isn’t possible to get into more trouble for standing by your rights. There is no crime on the books anywhere in the US called “Refused Consent to Search”. Your day will not go worse because you defended your Constitutional rights.
I know a few defense attorneys. According to them, most of the people in jail either committed a crime in front of a bunch of witnesses, or they talked their way into jail. Shut up. You’ll want to either justify or defend yourself depending on the circumstances. Don’t. Shut up. It may be one of the hardest things you ever do, but keep your mouth closed. The only thing worse than talking is lying. Don’t lie, just keep quiet.
There is nothing you are going to say that will make your interrogator invite you home for Christmas. He isn’t your friend, you won’t meet his parents, you aren’t going to his birthday party. There is absolutely no win in talking to him. Shut up. The answer to every question is “Lawyer.” If the only thing you say babble is “Lawyerlawyerlawyerlawyerlawyerlawyer”, you’re probably not going to do too badly.
In your car, the dynamic changes a bit, but the principles don’t. When a cop pulls you over, don’t argue. You can’t win an argument with a cop on the side of the road. Be nice, be polite, and as soon as possible, pull into a parking lot and take as many notes about the encounter as you can. If you are planning to fight whatever he pulled you over for, don’t give him any reason to remember you or spin his official report to make you look bad. Again, shut up. Catching a theme?
If you are being investigated by the police, your future–or some part of it–is on the line. While you are gambling with your criminal record and your freedom, don’t forget that you are an amateur in this arena. The police, the prosecutor, and your attorney are the professionals and the stakes can be huge. Keep your mouth shut, call your attorney, and thank me later.
The costs of a wedding will depend on what state you live in. For gay couples this is even more important as only a few states allow gay marriage. These states are California, Connecticut, Delaware, Iowa, Maine, Maryland,
Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington D.C.