It is truly sad that more people are not aware that it is very possible to settle credit card debt personally without ever having to deal with a legal representative. If the credit companies that you owe money to decide to take legal action against you, they will charge you with their no doubt costly legal fees.
It would be wise to call the credit card companies yourself and try to work out a settlement agreement with them on a personal basis. The credit card companies really don’t want the situation to progress to the point where they have to take legal action, so they will probably be willing to negotiate even if your account has been delinquent for several months.
Start by trying to adjust your interest rate and lower service charges that have been applied to your account. Once you know what the credit company is charging you, you will be more prepared to negotiate effectively with them on a settlement.
In your efforts to reach a debt settlement with the credit card company you should focus your efforts on negotiating over the interest rate and service charges first, not discussing the principal. The credit card companies make their money off the service charges and interest rates on your account, so try to make a deal that benefits you both mutually.
Next Comes the Hard Part
The money that you spent on purchases that has already been paid by the credit card company, called the principal, is the hardest aspect of your debt to negotiate over with credit card companies. They don’t want to have paid for something and not have you pay them back.
Getting your way with negotiations over the principal is not easy, so don’t feel bad if the credit card company refuses to budge. Even getting the company to adjust your interest rate or service charges is difficult. Remember that the credit card company’s goal is to get their money from you, not repossess your things.
Regardless of what agreement you reach with the credit card company, you need to be prepared to follow through with your end of the deal. If you fail to meet the terms of your settlement plan, you can expect the credit card company to take aggressive action to get their money, not a second chance.
Hiring a divorce lawyer is perhaps one of the most difficult tasks anyone can face. Although the decision to file divorce can be painful, lack of appropriate legal counsel can create further discord and leave divorcees in dire straits. Taking time to locate the appropriate attorney to handle divorce can reduce stress and help both parties reach an amicable agreement.
Most people spend a considerable amount of time with their divorce lawyer. Therefore, it is crucial to find an attorney you connect with and who offers services best suited toward your needs. There are numerous lawyers who specialize in divorce and family law. It is important to choose someone who possesses experience in your type of divorce.
There are two types of divorce – contested and uncontested. If both parties agree and are able to divide assets without entering into all-out war, the divorce is considered uncontested. If one of the parties does not want the divorce or the couple is unable to reach a settlement agreement, the divorce is considered contested.
Knowing whether your divorce will be contested or uncontested can help you locate an appropriate lawyer. Couples with children should hire attorneys well-versed in family law. Couples who have financial or real estate holdings will want to work with divorce lawyers possessing a background in finances and investments. If there are no children involved and no financial assets, a less expensive divorce lawyer may be sufficient.
Start by developing a list of potential candidates. Ask friends, family, neighbors or co-workers for referrals. Considering nearly half of all marriages fail, chances are you know someone who has worked with a divorce lawyer. If you aren’t comfortable asking for referrals, browse your local telephone directory. Divorce lawyers can also be located through the American Bar Association at http://www.abanet.org.
Contact each attorney on your list and ask questions about the lawyers’ experience, retainer and fees. If you feel the attorney might be suited for your situation, arrange a meeting. Most law firms offer free consultations to review your case. Interview a minimum of three divorce lawyers before making a final decision.
Prior to hiring a divorce lawyer, request a meeting with the staff members who will work on your case. For most people, divorce is a stressful and emotional time. It is important to work with people who suit your personality and can provide guidance during this difficult time.
Divorce lawyers may charge a flat fee or hourly rate. More often than not, an hourly fee is charged. On average, rates range from $150 to $375 per hour. Unless you have an overflowing bank account, you will want to work with a lawyer who is proficient with their time.
In reality, there is no such thing as an easy divorce. Even if both parties are in total agreement, divorce is an emotional and life-altering event. However, if divorce is particularly messy, it is crucial to locate a lawyer who will fight for your rights and protect your interests.
Last, but not least, be certain your chosen divorce lawyer is in good standing with the American Bar Association. The ABA website provides a directory of lawyer disciplinary agencies for each of the 50 states.
I receive e-mails every week from people who have had the misfortune of receiving a summons notice on their doorstep or the joy of having a stranger sidle up to them and say, “You’ve been served.”
Not fun. Oftentimes, these same people tell me that the first thing they did was to pick up the phone, call the collection agent or collection attorney in many cases and try to work out a payment plan or settlement agreement. This is WRONG, WRONG, WRONG.
Once you have been served a summons, this means that the collection agency is SUING YOU. You are being sued and the collection agency is now the Plaintiff and you are the Defendant. Any and ALL communication with the Plaintiff should be done via written correspondence only.
It’s too late for “I’ll send you $50 buck a month, I promise.” Way too late. Now is the time to take responsibility for your financial future and face your fears (debt) head on. Even if the collector was to agree to a payment plan, they cannot be trusted. While you are “working it out” they could be in the process of putting a lien on your property and searching for your bank account information in order to seize your assets.
Here’s what you need to do. First of all, DO NOT BE INTIMIDATED. This is difficult, after all I’m sure you feel badly about the debt in the first place and it’s probably been haunting you for years. The sad truth is that many of these debt lawsuits are brought about on out-of-statute debt and the collection agencies and debt attorneys are notorious for re-aging the DOLA or Date of Last Activity on your credit report. It’s in your best interest to dig up any old credit reports and bank statements to prove the the date of the last payment you made on the defaulted account. If that date is past your state’s statute of limitations on open credit card debt, they have the right to try and collect, but they cannot sue you and must drop the lawsuit.
Additionally, very rarely is a debtor sued for the actual amount they owe…penalties, interest, and other assorted fees are generally tacked on to the balance. Make them prove their case!
There are many other defenses that can be raised against one of these collectors. The key is that you need to communicate with them through the court system. They don’t expect you to fight back, over 96% of debt lawsuits end in default judgment. The chances of them backing off and dropping the lawsuit are HUGE if you take the time to properly format what is called a Notice of Appearance, Answer, and Certificate of Service.
It takes some time and research to properly file these documents, but it’s your financial future at stake. A default judgment can not only freeze your bank account or garnish your wages but it will also ruin your credit for a minimum of 7 years. A few states offer basic templates for the forms you will need to file with the court, a simple Google search should offer up some resources. You can purchase Word templates (w/ affirmative defenses for third-party debt collectors) for the “Answer to Complaint” document and more at www.IHaveBeenServed.Info and alternatively there are very helpful people on several internet “debt” message boards who can offer up advice when drafting your own documents.
Additionally, you should fax and mail (certified, return receipt) a Cease & Desist Letter to the creditor informing them that they must communicate you with via written correspondence only and now that they know how to communicate with you they must refrain from contacting any of your neighbors, friends, relatives or employees in an attempt to collect their debt. If they violate your request, you can threaten to sue them for an infraction of the FDCPA (Fair Debt Collection Practices Act) which allows $1,000 for each violation.
Now is the time to action. If you do nothing, the creditors will find your assets and take them. Bottom line. File your Answer and other supporting documents and wait and see. The best that can happen? They won’t want to fight you in court and drop the lawsuit (they rarely have the supporting documentation to back up their claims) or you’ll receive a courtdate and you’ll be given the chance to work out a settlement agreement at that time. Either way you will have avoided a default judgement which is looked upon as poorly as bankruptcy in many cases.
Fight back! You have nothing to lose and everything to gain.
Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, an Austin mediation lawyer facilitates the discussion between the two parties by assisting with communication and providing information and advice to help resolve their differences. If the mediation process is successful, a written mediated settlement agreement will be prepared and signed, and that agreement will be binding and enforceable.
The best Austin mediation lawyer is one that is a certified mediator with an Advanced Certification in Family Law. There are several benefits of hiring a trained Austin mediation lawyer to resolve disputes before they go to court. Not only is it less expensive, but it has a positive impact on children and allows both parties to retain control of the case’s outcome.
mediation is Less Expensive
Divorce mediation is significantly less expensive, both financially and emotionally, than litigation. If the case goes to court, the parties surrender control to a judge, and the cost will be much higher. Mediation is less expensive because it allows two lawyers to work things out rather than fight things out.
Mediation also costs less emotionally and can facilitate a good relationship with the other party, which positively affects any children who are involved. Mediation also builds a foundation for future cooperation between the two individuals.
mediation Has a Positive Impact on Children
A well-trained, experienced Austin mediation lawyer helps parents work together during the transition to establish a loving parenting arrangement for the children, moving the parties away from a fight over their conflicting positions and instead focusing them on how they are going to interact in the future, in the best interest of their children.
Mediation Helps You Retain Control Over the Outcome of Your Case
When parties settle a case in mediation, they retain control over the outcome of the case. In mediation, the parties are assisted by an Austin mediation lawyer to reach an agreement developed by the spouses themselves, not one imposed by a judge or jury. Spouses who mediate their own settlement are much more satisfied with their divorce and, therefore, are more likely to adhere to the mediation agreement.
Greg Gegenheimer is an experienced Austin mediation lawyer who is committed to helping men and women with legal counseling, strategic planning and professional representation. If you find yourself in a family crisis, he can help you better understand your situation and options, formulate a plan of action, and be a powerful advocate on your behalf. He is a certified mediator with an Advanced Certification in Family Law and often is able to help resolve disputes before they go to court. Visit Greg Gegenheimer today at http://www.greggegenheimer.net/ to schedule a 30-minute free consultation and find out what your options are.