April 19, 2008
Debt Consolidation: The Scare Tactics
Debt Consolidation: The Scare Tactics
No matter what they say, creditors can only do so much. Of course, they want you to do what they want. That doesn't mean you have to. What they can or can't do is determined by law. Debt consolidation is not one of their options. Maybe yours, but not theirs.
Debt consolidation loans have become very popular in recent years. They combine payments (so that you aren't dealing with twenty bills each month) and MIGHT get you a lower interest rate. Credit card companies, the people charging you thirty percent interest in the first place, have gotten into the act recently. If you're behind on a credit card, you may get a phone call for a debt consolidation loan from a company owned by GMAC, Countrywide or whomever else you owe money to.
Your creditors can't throw you in jail. At least in America having debts isn't a crime. A national pastime possibly, but not a crime. If you did something illegal to get the loan, then you might have a problem. Your creditor may try to talk you into debt consolidation with them, but they can't send you to jail for refusing.
So what can your creditor do? It depends what state you're in. Since they have a pre-existing business relationship with you the debt consolidation company that they own can call you, even if you're on the national do not call list. For the creditor, debt consolidation with them is a plus. They get paid, don't have to deal with a collection and can sell the debt consolidation loan to somebody else. This makes you somebody else's problem.
If you don't want, or can't qualify for debt consolidation, your creditor has a couple options. Most likely they will report you to a credit bureau. This is cheap to do and hopefully you'll pay them if you try to repair your credit score. If you are planning on debt consolidation, consolidate before a creditor reports you. Secondly, they can try to repossess your property. Finally, they can take you to court and get a judgment against you.
Loans come in two general types, secured and unsecured. On a secured loan you put up something of yours that the creditor can take if you don't pay. On an unsecured loan you don't. This is why debt consolidation loans can have a lower interest rate than your credit card. An asset, normally your house which can be taken, backs the debt consolidation loan. And that's usually worth far more than the loan. What it takes to foreclose on or repossess your property depends on the state.
All of the other options eventually end with you in court. Once the lender has the judgment, they have some options. They can have the sheriff come and take your property for sale. They can garnish your wages (up to a certain percent). They can record the judgment at the courthouse so that it has to get paid if you want to buy real estate. At this point bankruptcy may be a better option than debt consolidation.










