Posts Tagged ‘collection attorney’

In A Time When Americans Are Going Without Health Insurance The Medical Debt Relief Act Is A Godsend

Thursday, April 22nd, 2010

From 1999 to 2009, premium costs for family insurance have grown by one hundred and thirty one percent. Easily, that’s over three times the rate at which working wages rose during this period. In this time of economic uncertainty, millions of jobs have been lost, placing workers who just lost their jobs at risk of also living without health insurance. For those who are still employed, employers are pushing more of the costs of health insurance onto their workers as they struggle with economic uncertainty. Then there are blue collar and retail workers, waitresses and the like who are paid less, work harder and are not offered health insurance plans at their jobs. No wonder that Americans are struggling to pay their medical bills.

In 2007, about seventy two million Americans struggled to pay their medical bills. A large amount of these people made paying off their medical bills their top priority, while they had to struggle to pay for basic necessities like food, rent or heat. More than THIRTY MILLION American adults used up ALL of their savings or BORROWED AGAINST THEIR HOMES in order to pay off medical bills. Sadly, in this period of economic uncertainty, many Americans could not prevent the bill collector from knocking on their door.

Thirty million Americans are contacted every year by collection agencies for delinquent medical bills; many struggle to pay these. Many people are unclear as to why their insurance refused to pay a claim, others are confused about the amount they owe. Over half of people who took the survey reported that they were puzzled by the medical jargon on their bills, and one in four reported confusion led them to allow bills to go past the due date or to be sent to a collection agency.

A delinquent medical bill that gets sent to collections will typically be reported to credit bureaus. This will result in a lower credit score. Medical accounts, even those that have been paid off in full will stay on a credit report for up to seven years. This will result in lower credit scores and increases the costs of mortgages, car loans, or credit card interest.

Luckily, Ohio Congresswoman Kilroy saw the consequences of outstanding medical bills. She decided to take action because she saw medical debt as unique. She introduced The Medical Debt Relief Act, which states that medical debt that is fully paid off or settled must be removed from a consumer’s credit report within thirty days.

Even though this will not repair our chaotic healthcare system, it will offer relief for those who have paid off their medical debt, while the rest of us wait for more efficient health care reform.

Mallory Megan is employed by a debt collection company. Also she writes articles on business and finance, consumer spending and collection agencies. You are welcome to reprint this article – but get your own unique content version here.

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Debt Collectors On The Phone

Friday, March 26th, 2010

If you owe money to a creditor debt collection agencies can report your debt to credit bureaus, file suits against you, and should be taken very seriously. The best way to protect yourself and your finances is a methodical approach. First, know why you are being contacted. Know what the debt is from and exactly how much it costs.

Ask for the name of the person calling, the agency, the creditor, and the agency’s address and fax number. You have the right to tell a collector over the phone that you want all future contact to be in writing. Follow up all requests with a written request.

Keep in mind if you tell the collector not to contact you at all it is entitled to call you once more to let you know how it plans to proceed. Another request that can be made is that you are the only person that should be contacted. It might be a good idea to keep a file including dates and details of phone conversations and when you send or receive letters.

If you do send any correspondence in writing to the collections company do this by Certified Mail, Return Receipt Requested. Utilizing this service guarantees that the letter reached the collector, giving you a signed receipt as proof. If you work out a re-payment plan over the phone, request the terms of the plan in writing. Any promise to remove or adjust credit history should also definitely be documented.

Always be certain that you pay the right party; payments should be made to the collections agency, not the creditor, unless you have been otherwise instructed to do so. Carefully glance over the amount you are being requested to pay. Size up any interest, fees or charges that have been added.

If you feel like your bill collector is being abusive or hostile, make sure that you mention it to the agency and always keep this complaint on file. The last thing to remember is do not ignore a collector. Even if you feel that the debt is not yours; they will continue to call and it may mean more trouble and time in the long run.

Mallory McGuinness works for a debt collection agency. Also she writes articles on business and finance, consumer spending and collection agencies. This and other unique content ‘medical collections’ articles are available with free reprint rights.

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What Can A Collection Agency Do?

Thursday, March 25th, 2010

When does debt collection cross over the line into harassment? A debt collector is prohibited from using obscene language or threats of violence. However, they are allowed to insult your integrity and make you feel bad about the person you are.

Anecdotal stories about collectors asserting that a debt cannot be negotiated, settled or paid off more slowly have been circulated. Collectors have been known to rudely ask when a debtor is going to pay, and then reject a debtors offer as not enough. This is not true or acceptable, as a consumer you always have the ability to negotiate.

Bill collectors receive a commission, which may be why the persistent ones can be so hostile and aggressive. But the key thing is that even though you may owe money to a creditor, you always have the right to be treated like a professional, and you deserve that right. While collectors are prohibited from calling third parties such as co-workers, friends and family to spread the word that you are in debt, collection agencies are allowed to contact people who may know where you are if they are trying to find you.

Bill collectors are expressly banned from threatening you with jail time, however it has become a common tactic to use this threat to intimidate immigrant communities, because there is less of a chance that these people will know or understand the law.

A bill collector can’t call you repeatedly, which on paper means that they are unable to continuously call you over and over. Still, that doesn’t stop them from calling you two, three, even four times a day. With some companies, collectors are given a small number of accounts to work with on purpose so that they can badger the debtor into paying for their commission. To put a halt on collections phone calls, it is possible that you can send a letter by certified mail return receipt requested requesting that they no longer contact you over the phone.

Mallory Megan is employed by a debt collection agency. Also she writes stories on business and finance, consumer spending and collection agencies. Get a totally unique version of this article from our article submission service

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All About Bankruptcy

Tuesday, March 9th, 2010

Bankruptcy is generally seen as a quick fix solution to financial problems. Yet the effects of bankruptcy are long term and can hinder your ability to get employment, house, and any type of credit. It is important to weigh the pros and the cons of bankruptcy before making a major choice.

Admittedly, bankruptcy comes with a number of benefits. First and foremost it annihilates most of your debt. It can aid you with missed debt payments, defaults, repossessions and lawsuits. If you have horrible credit, it can get you started on rehabilitation.

Bankruptcy will hinder the phone calls from creditors, collections letters, repossessions, declined charge authorizations, cancelled credit cards, and lawsuits. You can also keep your car if you keep up on the payment; bankruptcy will also allow you to keep your home if you remain current on the payments.

Bankruptcy allows you to stop foreclosure and permits you to make monthly payments on amounts you have owed in the past. Finally, it stops creditors from making a claim after it is filed, even if your financial situation changes.

On the other hand, bankruptcy law offers a “fresh start” but only every six years in most instances. Bankruptcy will remain on your credit report for ten years and has a severe negative impact on your credit rating. Although some lenders allow for home loans after one year, filing bankruptcy might require a wait of two years before it is possible to buy a home.

Bankruptcy does not wipe out most tax debt. It does not clear away student loan debt. It requires that you give up your credit cards. It might cause you to lose some of your things, and unfortunately bankruptcy carries a stigma that can be embarrassing.

If you are not sure whether to file bankruptcy or not, call your creditors to see what type of repayment plan they can work out with you. While bankruptcy is an option, in most cases it should be seen as a last resort.

Mallory McGuinness is employed by a collections agency that works with a debt collection lawyer. She also does pieces on business, finance, consumer spending and collections agencies. Get a totally unique version of this article from our article submission service

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Declaring Bankruptcy: Automatic Stay And How It Protects You From Creditors

Tuesday, March 9th, 2010

The moment that a petition for bankruptcy is filed, U.S. Bankruptcy Code imposes something called an automatic stay. The automatic stay will generally prevent the enforcement, commencement, or appeal of actions and judgments against a debtor from the creditors they owe money to who are trying to collect these debts incurred prior to the bankruptcy petition. The automatic stay also protects property of the bankruptcy estate itself from collection actions and proceedings.

If a creditor violates the automatic stay their actions are voided out. Any violation of the stay might cause the violating party to have damages assessed to them. But, like every complicated law, there are exceptions. A creditor might be allowed to take their collateral if they obtain permission from the court first. They’ll get this by filing a motion for relief from the automatic stay.

The court will either grant the motion or provide security to the creditor, ensuring that the value of their collateral won’t decrease during the stay. Without the protection provided by the automatic stay creditors could hypothetically race to the courthouse in order to try to collect from a debtor. If this happened, and let’s say that a debtor’s business was simply facing just a temporary crunch, it might not survive a “run” by creditors when their business could otherwise be salvaged. A run may also result in waste and it might be unfair to similar creditors that are owed money too.

There are three kinds of avoidance actions, and all of these try to cut down on the risk of the legal system encouraging the downfall of a debtor who is financially unstable and who hasn’t declared bankruptcy yet. The bankruptcy system will usually reward creditors who continue extending financing to debtors and will discourage creditors from ramping up their debt collection efforts.

Despite the seemingly simple nature of these rules, a couple of exceptions exist in the context of each category of avoidance action.

Mallory Megan works for a debt collection company. Also, she does stories on business, finance, consumer spending, and collection agencies. Get a totally unique version of this article from our article submission service

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