2/11/2011 12:58 PM ET|
Right ways to hide from creditors
Can't pay back what you owe? It's important to know what steps you can take legally to protect yourself and what steps could get you into deeper trouble.
Life hasn't turned out the way you'd planned.
You certainly had intended to pay back the money you borrowed, but now you can't. What you may not realize is that your creditors have plenty of ways of getting whatever cash or assets you have left, with or without your permission.
You don't have to make it easy for them. Whether you're contemplating bankruptcy or just need a little breathing room while you get back on your feet, you can take steps legally to protect what 'you have left -- as long as you know how.
Before we start, let's lay down some important "don'ts," such as:
- Don't use your credit cards or lines of credit. As soon as you realize you're going to have trouble paying what you owe, stop borrowing. Any further use of your credit may constitute fraud. Not only is that wrong, but it could get your bankruptcy case thrown out of court if you ultimately decide to file.
- Don't transfer your money or belongings to others. Same deal: Trying to sneak your assets into other friendly hands can be considered "fraudulent conveyance." Even paying your mom back ahead of your other creditors can cause problems. Get good legal counsel -- more on that in a minute -- before you pay any creditors or move any assets, once you know can't pay everyone. And whatever you do, don't try to hide money by buying stuff like a car, real estate or jewelry. Anything purchased shortly before bankruptcy can be put up for creditor grabs or can get your case thrown out.
- Don't tap your retirement funds. The money in your workplace retirement funds has unlimited protection from creditors, while individual retirement accounts are protected up to $1 million. Breaking into these piggy banks is foolish on a number of levels. You incur hefty taxes and penalties when you tap your retirement funds prematurely because -- no surprise -- the government wants you to leave that money alone. If your financial problems are big, you're unlikely to solve them this way, so you're essentially throwing good money after bad. Also, draining retirement funds when you're young is a good way to wind up impoverished when you're old. Don't do it.
- Don't go it alone. Even if you're sure you can ride out your current problems, you don't know what you don't know. State laws vary widely when it comes to how much power creditors have and how miserable they can make your life. So scrape up a few bucks to consult an experienced bankruptcy attorney so you understand what's at stake and what your options are. Get referrals from the National Association of Consumer Bankruptcy Attorneys. Many of these attorneys offer discounted or even free initial sessions.
With all that said, here's what you need to do:
- Take action on your bank accounts. If you have checking or savings accounts at a bank that has also issued you a credit card, line of credit or other loan, the lender can seize money in those accounts once it realizes you can't pay. Move the money to a bank or credit union where you don't owe anything. If you don't owe the bank, you still need to take action by canceling any automatic-payment arrangements you have with other creditors. If the creditor ignores your request and processes a debit after you cancel the automatic payments, you may need to close the account and move your money elsewhere. If you get Social Security income, including retirement, disability and survivor benefits, that money is exempt and cannot be seized by creditors. New rules that went into effect last year require banks to protect a sum equal to the amount of federal benefits directly deposited into your account within the previous 60 days.
- Keep contributing to your retirement accounts. Suddenly dumping a bunch of money into a new IRA could cause problems if you file for bankruptcy later, but there's no reason to halt your regular contributions if you can continue to make them. Remember, this money is protected by law from creditors.
- Stay in touch with your creditors. Hiding your assets doesn't mean hiding yourself. Refusing to talk to your creditors may encourage them to take other steps to get your attention, such as filing a lawsuit that could result in a lien against your bank accounts or garnisheeing your wages, said Gerri Detweiler, a personal-finance expert for Credit.com. You don't want to say much -- just that you can't pay right now -- because offering other details can get you embroiled in discussions you don't want to have. One way to stay in touch while still controlling the interaction is to drop your current phone line and get two prepaid phones, one for friends and family and the other for dealing with creditors, advised Steve Rhode, a former creditor counselor who runs GetOutOfDebt.org.
- Get your stuff out of your car. If you're even one day late, you're in default on your car loan, and your ride can be repossessed. Lots of lenders are moving faster on repos these days, sometimes authorizing them in as few as 10 days after your missed payment, said Philip Reed, a senior consumer-advice editor for Edmunds.com. You can try hiding your car in a friend's garage or miles away from where you live, but chances are if you use the car, the repo man can find you. What you don't want to happen is to lose the car and also the tools you need for your job or that nice aftermarket sound system (put the original back, so there aren't gaping holes in the dash the lender can charge you for).
- Adjust your withholding. It's not smart to give the government a tax-free loan of your money, but it's especially not smart to build up a big tax refund if you owe Uncle Sam. Run-of-the-mill creditors can't nab your refund, but the Internal Revenue Service can if you owe back taxes. Your refund also can be seized for unpaid child support, student loans or any other government debt.
- Run, don't walk, to your attorney if you get sued. Legal action means you need legal protection. Don't ignore the lawsuit or assume it won't help to fight back. If you don't show up in court, your creditors could tack on unfair fees or ridiculous interest to what you already owe. And it's not uncommon for collectors to sue over debts that are legally too old: Once the debts are beyond your state's statute of limitations, which ranges from three to 15 years, creditors aren't supposed to be able to bring lawsuits against you, but you have to show up in court to point that out.
Liz Weston is the Web's most-read personal-finance writer. She is the author of several books, most recently "The 10 Commandments of Money: Survive and Thrive in the New Economy" (find it on Bing). Weston's award-winning columns appear every Monday and Thursday, exclusively on MSN Money. Join the conversation and send in your financial questions on Liz Weston's Facebook fan page.
VIDEO ON MSN MONEY
Not paying credit debts amounts to theft. I don't care if they charge you 100% interest, you signed the agreement (just like a handshake) and people with integrity will pay - even if the company who lent the money doesn't appear to be honest. I do agree that bankruptcy due to catastrophic illness or disability is OK. Bankruptcy because you bought to much stuff is not. I don't care if you lost your job after you bought it, you received the benefit from the money. You should pay it back. Even if it is just the principle amount. All these posters that think by not paying their credit debt is going to send a message to the credit card companies and banks are completely missing the point. We all pay sometime. I just don't like paying for other peoples idiot decisions and that's exactly what the hard-working, honest people do for those that choose to steal money by not paying what is owed. If I come to your house to fix your plumbing and you choose not to pay me, isn't that theft? The same thing goes for credit debt. You asked for it, so you should pay for it.
wow,this is why we are in the mess we are in. Lets not take responsibility
for our actions. Lets not take care of business. Let someone else pay
the price for your unpaid debts.
Shame on this article. How can some people live with themselves.
Why not,stand up like a real human being and communicate with
your creditors. Give them a chance to work with you. Or here is a real
concept....don't put yourself in that position and live within your means.
When the LBJ signed the Civil Rights Bill formerly racist southern Democrats left the party in droves for…THE REPUBLICAN PARTY. All those elements like the KKK and their ilk are in the Republican Party now. When I hear the nut jobs in that party spouting off about how they want to “take back their country!” from whom? I have to assume they mean that n*gg*r in the white house or about how gay people don’t deserve special rights or how Obama is a Muslim when he’s a Christian and how women don’t have a right to their bodily integrity, there’s no way in HELL as a minority and a female, not to mention a sane person that I can vote for anyone in that party. Powell, Rice, Keyes, Thomas, and all those token black folk , log cabin folk and other minorities in that party are window-dressing FOOLS. I know what party the true bigots are in and it’s not the Democratic Party. When you vote Republican, you vote against your own interests unless you make hundreds of thousands of dollars a year. Remember who wants to cut social programs but not make the rich pay their fair share.
Living within your means................and borrowing money are two ends of the spectrum.
They are exclusive and it is not possible to do both at the same time!
The only way the two are possible is if you have an endowment, trust or a gold mine that in future will be available and is worth at least as much as you are planning to borrow and you will eventually have access to those assets.
If you have lived within your means and somehow need or want to go beyond your means and incur debt...................you are now in the DANGER ZONE that SHOULD raise the the hairs on the neck of anyone who would like to return to LIVING WITHIN YOUR MEANS and force that person to adjust elsewhere (more work and income or less spending and paying off the debt)!
Look folks. This is isn't rocket science.
Bad things happen. If you REMAIN HONEST with your collectors and return phone calls, you will generally be left alone. Even if you call them once a day (Yes, you should call them first, you did borrow/lease/rent from them after all...) just to say "Hey. Still broke. I'll call you again tomorrow", that is better than the alternative of being sued/garnished/etc.
If you sign a contract and owe someone money, you pay it back. It is YOUR fault if you sign something you do not understand. If you create an obligation with YOUR signature, you meet the obligation. If you do not understand a contract, you DON'T SIGN IT.
Liz, I love your articles usually, but trying to coach people into quasi-deceptive tactics to avoid their legal obligations makes me seriously question your ethical positions. Telling people to stay in contact with creditors, but using two phones to do it is quite infuriating to me. What's wrong with just answering the phone in the first place? in my experience, if you answer the phone when creditors call, they will (usually) not escalate collections unless you get beligerent with them.
Be calm, be honest, be transparent, and make long term arrangements. Paying five bucks a month shows initiative and good faith. Try that the next time your creditors call you.
The rules of the FTC on debt collections allow you to serve the creditors with a written notice to cease and desist phone calls to you house. It is a good idea to get an address for the creditor, mailed them a certified notice to stop the phone calls and only communicate through the USPS, and keep a copy of the letter and proof that they received the debt.
I am not saying not to try and not pay off debts, if you borrowed the money pay it back, but it is good practice to have printed correspondence between yourself, and the creditor, not verbal, in case it reaches a point of them wanting a final judgment in court.
Also if you do need to broker a deal to settle a debt for a partial payment, the agreement must include the wording that it is settled "with prejudice", so it is a final deal, otherwise they can come back at a later time and try to collect the forgiven balance, and file that agreement carefully where you will not lose it.
Copyright © 2013 Microsoft. All rights reserved.
Fundamental company data and historical chart data provided by Morningstar Inc. Real-time index quotes and delayed quotes supplied by Morningstar Inc. Quotes delayed by up to 15 minutes, except where indicated otherwise. Fund summary, fund performance and dividend data provided by Morningstar Inc. Analyst recommendations provided by Zacks Investment Research. StockScouter data provided by Verus Analytics. IPO data provided by Hoover's Inc. Index membership data provided by Morningstar Inc.
RECENT ARTICLES ON DEBT MANAGEMENT
Which store penalizes you for too many returns? And which one will let you retroactively apply coupons?