50 Plus Finance

Saturday, February 12, 2011

Readers Question: A Debt Collector Is Threating me if I Don't Pay | What Should I Do?

Some debt collectors use horrific tactics to collect on bad debts. I have heard money guru Dave Ramsey on his radio broadcast relate the stories he has heard over the years of the over the edge tactics debt collectors use.

Dave Ramsey told of a woman who was being harassed by a debt collector. Somehow the debt collector got out of her that her dog had died. Using this information, threatened her that if she didn't pay he would go and dig the dog up and hang it from a tree. This unnerved the woman so much she paid the debt. She was in such a state that she made several trips to the burial site of the dog to see if he had been dug up.

This kind of harassment is extreme, yet everyday federal law is being violated by these debt collectors and it goes unpunished. The following list is the from the Fair Debt Collection Practices Act(FDCPA). This is the law that specifys how what practices debt collectors can not do. If they are doing these things you can report them to the FTC and sue them.

What practices are off limits for debt collectors?

Harassment.

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.

False statements.

Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren’t; or
indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:

you will be arrested if you don’t pay your debt;

they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or

legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:

give false credit information about you to anyone, including a credit reporting company;

send you anything that looks like an official document from a court or government agency if it isn’t; or

use a false company name.

Unfair practices.

Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.

Do I have any recourse if I think a debt collector has violated the law?

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

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Friday, February 11, 2011

10 Great Tips When Looking for a Home to Buy

Shopping for a home can be an exhilarating or dreadful thing to do, depending on your personality. The applying for financing, the realtor's, the multiple homes to view, it's a lot of work. It's such a big decision that if done incorrectly, will have results that you must live with for a long time. I have compiled a helpful list of ten tips to get you started.

1. Never be the one who makes the first offer on a home. If the home is in your price range let someone else bid on it first. You may lose the bidding. But you will see what others think the house is worth.

2. On paper comparable houses look the same. Don't be in a hurry, because with a lengthy inspection you may find it has better views, parking or amenities. Take your time.

3.Realtors have a list of inspectors whose job it is to notice the worst details of the home. Skip the inspectors and get a seasoned building contractor who has seen it all. They will tell you where the dead bodies are buried. They have seen what damages can occur in a home and what it takes to repair them.

4. Never ever make an offer on a house that is broken or needs repairs. The seller may have the work done but will it be done correctly? There's a world of trouble that comes from shoddy work that may take months to show up.

5. The important thing when you select a house, is to be able to see what can be changed and what can't. For instance, you can change the rugs, repaint the walls, remodel bathrooms and kitchens. You can't change the road system, the neighborhood, the climate, or the schools.

6. Have a walk thru before closing. Turn on all the faucets. Check under the sinks. Turn on all appliances. The hot water heater,A/C, furnace, sump-pumps, sprinklers, etc. Do a thorough walk thru.

7. You need to look at your house closely and not get caught up in stupid things like granite counter tops or paint color. Look at doors and trim to see if they are cheap or solid, fixtures, kitchen drawers, closet space. Does the basement seem musty? Really take your time to look at the house you are buying.

8. Make sure that you really want to be a homeowner, especially of a house. There are hours of raking, painting, and other maintenance issues, plus no super to call when things break (and they will break). Owning a house takes more time, energy, and money than you expect.

9. Ask your homeowner friends for a list of expenses, so you know what you are getting into. Consider both ongoing expenses and big things out of nowhere like the roof needing replacing. Expect one big thing a year. Consider utilities, insurance, property tax, any assessments such as for sewers.

10. Spend some time in the neighborhood in the daytime and at night during the week and on weekends. Perhaps there is an incredibly noisy bar around the corner or a neighbor who plays his stereo at 2 am. Or neon signs that blink into the windows all night.

Spending some extra time, it will give you the confidence you are making the right decision.

Use these tips to access the compatibility of the home to your life style. Don't have house fever. People get caught up in the process. Remember take your time.

Thursday, February 10, 2011

How Do I Motivate My Son to Save Money?

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In life I believe most people are not born savers. So take this into account when your trying to help someone change direction. I was a spender for most of my life and did not change direction until I was forced to, out of necessity. Even then it didn't happen overnight, there was a lot of false starts along the way.

Kids are especially tough to motivate. They are usually so immature it's hard to find a way to reach them. They are inundated by a constant barrage of TV ads, showing them nice shiny things to buy. They actually expect their parents to buy them these things. So back to the question; How do I motivate my son to save?

There isn't a one size, fits all answer to the question. Like me you will have to find something your child feels strongly about. Kids always want you to buy them something. This is your opportunity to use the situation to teach a lesson. Showing them that life is about prioritizing todays wants and integrating them into long term goals.

One technique I have used to teach my kids is to relate a story about my youth. I told them the story about when I was young and went to my parents to buy me a bicycle. I described how they couldn't afford it and told me to save up for it. I had a small job at my Dad's work, sweeping up. I worked many months at that job. Over time I made enough to buy that bicycle. I told them that the way to get things was to work for them. I told them that they must learn WORK=MONEY. My Dad taught me that lesson and I will be sure to teach that to my children.

You must show your kids how present choices affect their future options. Talking to your kids about the things they need and want. Letting them come up with ways to reach their goals. Kids know they have to save for things but they chose not to because they are in the "I want it now" mode. Getting them to stop acting like this, only comes with time.

I am lucky to have 3 out of 5 children that have learned saving is the way to operate. But the other 2 don't quite get the idea and are taking a little longer to catch on. I firmly believe that if your children don't learn to work and make their own way they just could be living with you the rest of your life.

Wednesday, February 9, 2011

Debt Collectors Are Calling me Everyday - What are my Rights?

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The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.

Here are some questions and answers about your rights under the Act.

What types of debts are covered?

The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

Can a debt collector contact me any time or any place?

No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

How can I stop a debt collector from contacting me?

If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:

Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone else about my debt?

If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the debt collector have to tell me about the debt?

Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

Can a debt collector keep contacting me if I don’t think I owe any money?

If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

Debt collectors are relentless in hounding you for their money. They will call day and night, ignoring the law in pursuit of a settlement. They will harass you and belittle you into paying them. They will use psychological pressure to make you pay them before you pay your electric bill. They are good at their job. You have legal rights under the law, it's your duty to know these rights because they afford a protection that you are due.

Federal Trade Commission Website - http://www.ftc.gov

Tuesday, February 8, 2011

The Early Warning Signs of Debt

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Debt seems to catch people by surprise, there are a few warning signs of future credit problems that you should be aware of. If you know what to look for, you can still turn things around before it's to late.

Who's the most likely to fall into debt? Even though we are all susceptible to credit problems there are several groups that are more likely to have credit problems, according to Credit Counseling Groups. They are:

Young people
Households with children
Low-income households
Retired people

What are the warning signs of debt? The earliest warning signs of a credit problem include not having much money in your bank account but seeing high figures on your credit statements. As you shuffle money and credit around to try and make ends meet, you may see these additional warning signs as indicators of debt. They are:

Regularly paying bills after their due dates
Using cash advances on credit cards to pay off other credit cards (you may also be using cash advances for basic purchases, like rent or groceries)
Asking family and friends for money
Looking for a second job to make ends meet

If you see these signs get ahead of the problem. Most likely you don't have a budget. This will allow you to see how much money is coming in, and where your money is going. Also, once you create a plan to get out of debt, your budget will be a trusted map to show you the way.

If neither a pencil and paper nor an Excel spreadsheet appeals to you, check out Mint.com online home budget calculator. Simply put in your income and expenses and the calculator will give you a report of what’s costing you the most, how much you’re short each month, and what your debt ratio is.

Next try to get ahead of your debt. If you are having trouble paying back lenders, it’s wise to contact them. Let them know you’re having trouble and see what arrangements can be made to pay them back. Most creditors would rather get less of your money than not get any at all.

Keep in mind that free credit counseling services are available for everyone. If your only sign of debt so far is a super-high credit card bill and a mediocre bank account, it may be a good idea to get help with a new financial strategy before things really get out of hand.

Once you have your new financial strategy and budget in place, be extremely disciplined when it comes to spending. Your biggest purchases in the months that follow will be paying back debt, so now is not the time to increase your debt load any further. If you’ve racked up a lot of retail debt on things like entertainment, clothes and restaurants, you’ll need to look for more frugal options.

If your only have a small debt to repay count yourself lucky you doing something about it now. Most people wait way to long when the damage is extreme.

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Monday, February 7, 2011

The True Value Of Improvements To Your Home

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Since you can't get a dollar-for-dollar return on your home improvement, it's important to weigh the other advantages. In addition to creating a more enjoyable space, these may include:

Future goals

First impressions are everything. According to the National Association of Realtors, more than 77% of new home buyers start their search for a new house online, but they won't go near the property if the exterior doesn't look nice. So if you want or need to sell your current house, investing in "curb appeal" improvements that enhance the exterior condition of your home can be especially worthwhile. These types of updates may also help you move the property faster and secure a better resale price.

I often tell homeowners that although they may not see investing in a property 'facelift' as a high priority in terms of their own needs, when it comes time to sell, this type of improvement can bring in big dividends simply by increasing traffic to the homes. More eyes mean a faster sale and a better price — especially if the interior matches or exceeds the curb appeal of the exterior.

"Green" benefits

Some improvements create a return on investment that isn't seen in the property value but rather energy efficiency. Such improvements may also benefit the environment — especially if you have a home that's nearly three decades old.

According to the Joint Center for Housing Studies at Harvard, existing housing stock built prior to 1983 constitutes over 20% of annual CO2 emissions from fossil fuel combustion. Certain upgrades can help improve the efficiencies of these and other homes. For example, qualified dual- or triple-paned windows can help save as much as 15% to 20% on energy bills. Foam-backed siding can provide an insulation boost and also reduce sound transmission, which may enhance quality of life. And upgraded Energy Star appliances, HVAC systems and electronics can serve as "mini remodels" that pay for themselves by reducing utility costs, thus improving cash flow.

Now is an especially appealing time to complete these types of upgrades because of the tax credits available through the American Recovery and Reinvestment Act (ARRA) of 2009. The Act offers $4.3 billion in tax credits to homeowners who purchase Energy Star qualified appliances, including central air conditioners, furnaces (oil and gas), heat pumps (air source and geothermal), water heaters and more.

Other considerations

You need to weigh all of the pros and cons of a remodeling project — and have a game plan for financing — before you start. Here are some of the main things to consider:
Longer-term costs .... and benefits

Some projects may have additional future costs, while others can actually save you money. For example, if you're building an addition, you will have to pay the structural costs of the initial outlay and you will also need to furnish the new space, and heat and cool it year-round. Make sure to add these costs into your budget.

One thing I encourage people to do is to spend part of their remodeling budget on making the existing structure more energy efficient. First, I recommend an energy audit (usually around $500-600 for an average home), which shows the homeowner which energy-efficiency upgrades they could benefit from. Then they can choose the most beneficial upgrades for their home and implement them over time as budget allows.

Often the upgrades pay for themselves in only two or three years because the home is less expensive to maintain. Plus, the efficiencies gained from the upgrades will continue for the lifetime of the house, benefiting future homeowners, too.

Property taxes

If the project requires a permit, you can expect the tax adjuster to take an interest in your project. This could lead to a value reassessment and, potentially, increased property taxes.

Time frame

Quality of life is important, but you will also want to balance the reality of life events and consider whether you'll have time to enjoy the improvements. You may also have other higher-priority expenses that will need to take precedence. Your financial advisor can help you evaluate your situation so you can determine what's best for you.
Home equity line of credit

One option to consider to help pay for your remodeling costs is a home equity line of credit. This type of loan may be especially attractive right now considering today's lower interest rates. Your financial advisor can help you explore this option.

Do it yourself (DIY)

Are you handy? Or do you have time to learn some new skills? A major trend in home remodeling is for the homeowner to take on a large portion of the labor on a project. With labor costs typically running around 30% per project, doing the work yourself could significantly lower your overall costs. Or if you're not comfortable completing all of the work (e.g., electrical, plumbing), consider hiring out only those parts of the job. Also, you may want to be your own contractor to further reduce your costs and increase your return on investment.

Property conversion

Here's an interesting option to consider today: Instead of making improvements to your house, rent it out to someone else and purchase a new property that already includes everything you want at a dramatic discount. Many builders and homeowners are trapped with properties that are brand new, but aren't selling in today's buyer's market. You can take advantage of this property abundance, as well as lower interest rates, if you have good credit and are able to manage the expense. Once your tenants start paying rent, you can pay the mortgage and may even be able to take in some extra income.
What to ponder before you pound that nail

Ask yourself these questions to help you determine whether a remodeling project makes sense for you:
What makes my house feel like home to me?
What improvements would I need to make to enhance my quality of my life in this home?
Am I willing to invest the time and energy to do the work myself or do I need to hire an expert?
Am I prepared to be inconvenienced while the improvements are made?
How will I cover the costs?

If you have a clear vision, then it may be time to take on that remodeling project. That means it's time to meet with a minimum of three remodeling contractors to obtain cost and time estimates. And it also means it's time to talk with your advisor about your financing options and how a remodeling project fits into your long-term goals.

In the end, a home improvement may increase your home value for when it's time to sell. But one of the most valuable benefits of this type of investment today may simply be to make your home more enjoyable for you and your family.
"There's a direct relationship between how your house makes you feel and your perceived quality of life. When a home is beautiful as well as functional, you are far more likely to feel at home in your life. In our world today, that's a value that can't be quantified.

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