What Does Having a Derogatory Public Record on My Credit Report Mean

I Found a Judgment on My Credit Report. Now What?

Since the National Consumer Assistance Plan went into effect in 2017, public records must meet strict requirements in order to appear on consumer credit reports. Civil judgments and tax liens do not meet these new requirements, so they were removed from credit reports. At this point, the only derogatory public record that should appear on your credit report is bankruptcy. If a tax lien or civil judgment still appears on your credit report, you should dispute that record with the credit reporting agencies.

How Much Do Public Records Affect Credit Scores?

Bankruptcy can cause a FICO score to drop by 200 points or more. A filing may lower credit scores for seven to 10 years and be difficult to remove from a credit report unless any information is inaccurate.

The decision to exclude other public records slightly increased FICO scores for many consumers and resulted in increases of 20 to 40 points in some cases.

Bankruptcies and Your Credit Report

Bankruptcies are the one public record that are still included on your credit report. In most cases, they will remain on your report for seven to 10 years.

You can dispute an inaccurate report of bankruptcy or one being reported beyond the statute of limitations. Review your report for any inaccuracies and contact the credit bureaus to dispute inaccuracies if need be. If a credit bureau claims to have court verification of a bankruptcy, you should send a procedural letter to determine how they verified the public record on credit report. Follow up with the courts to determine whether the bankruptcy was actually verified.

〉 Learn more about when and why you should file bankruptcy and how doing so will affect your credit.

Civil Judgments and Your Credit Report

Civil judgments result when a creditor sues you for an outstanding debt and wins. That creditor then has more avenues for pursuing payment: they may now satisfy delinquent or outstanding debt through wage garnishment or by seizing funds from checking or savings accounts.

Judgments are no longer factored into credit scores, though they are still public record and can still impact your ability to qualify for credit or loans. Lenders may still check to see whether any outstanding judgments against a potential borrower exist. You should pay legitimate judgments and dispute inaccurate judgments to ensure these do not affect your finances unduly.

〉 Learn more about how to deal with civil judgments.

If a civil judgment is still on your credit report, file a dispute with the appropriate credit reporting agencies to have it removed.

Tax Liens and Your Credit Report

Tax liens are filed by the IRS when you don’t pay your taxes. A lien is automatically filed when you owe more than $10,000. When the IRS files a tax lien against you, it essentially gives the agency first dibs on any payment you receive from selling or liquidating your assets to pay your debts.

While tax liens are no longer reported on credit reports, they can significantly impact your financial situation in ways that indirectly affect your credit score.

〉 Learn more about tax liens.

If a tax lien is being reported on your credit report, file a dispute.

How to Deal with Derogatory Public Records

Although judgments and tax liens are no longer filed on credit reports or factored into credit scores, these penalties can undermine your financial standing. If a derogatory public record is filed against you‚ you should monitor the effects on your credit and ensure that information pertaining to your filing is accurate.

Check your reports regularly to ensure they are fair, accurate and up-to-date. You can watch for changes by getting your free Credit Report Card and credit score monitoring from Credit.com.

〉Sign up now!

The post What Does Having a Derogatory Public Record on My Credit Report Mean appeared first on Credit.com.

Source: credit.com

What Is the Fair Debt Collection Practices Act?

If you’re constantly getting hassled by debt collectors, you might be left feeling helpless and anxious. Maybe you’ve thought about putting an end to these relentless phone calls but didn’t know how. The Fair Debt Collection Practices Act (FDCPA) exists to protect us from unfair and abusive debt collection practices. 

In the following sections, we will discuss the FDCPA in greater detail so that you can feel better equipped to deal with debt collectors. If your situation fits the criteria, there may be something you can do about it.

What is the Fair Debt Collection Practices Act?

The Federal Debt Collection Practices Act (FDCPA) places restrictions on how third-party debt collectors act to handle situations in which they are trying to collect debts owed to another person or entity. 

This federal law limits the ways that collectors are legally allowed to make contact with those who owe. These restrictions include rules surrounding what time of day debt collectors are allowed to contact debtors as well as how many times they are allowed to contact them. 

If your rights, according to the FDCPA, have been violated, you have one year to file a lawsuit against the debt collection company as well as the individual debt collector. 

How the Fair Debt Collection Practices Act Protects You

The FDCPA was established to protect consumers from unfair debt collection practices such as being called at odd hours of the night, being harassed, and being wrongly accused of owing a debt. This federal law puts control back in your hands so that you can feel more confident about your interactions with debt collectors.

Here are some of the ways that this law protects you:

You are in charge of the communication: You have the power to place restrictions on when and how you are contacted by debt collectors. By law: 

  • Debt collectors are not allowed to contact you at inappropriate times such as early in the morning (before 8 a.m.) or late at night (after 9 p.m.).
  • You can request to not be contacted while at work.
  • You may choose to have an attorney represent you, in which case, the debt collectors would have to communicate with them. 
  • Debt collectors are not allowed to discuss your debts with family members, employers, family, neighbors or other third parties. 

If you have any specific demands for how you want the communication to flow between you and the debt collectors, you will need to form a written request. Under the FDCPA, any requests made over the phone will not be valid. For some guidance on what your letter should look like, take a look at the Consumer Financial Protection Bureau website to view some examples. 

Debt collectors can NOT harass or use abusive language/behavior towards you:  In the game of unpaid debts, things can get really ugly, really fast. No one likes to be asked to pay back money they owe over and over again, but there is a fine line between asking and harassment. It starts to become harassment once the debt collector starts to use misleading language or fear tactics in order to get you to do what they want. Some examples of this could include but are not limited to:

  • Using profanity.
  • Calling excessively and repeatedly.
  • Threats or violent language. 
  • Calling without properly identifying themselves. 

In many cases, this type of hostile behavior is indicative of a scam. The last thing you want to do is give your money to a scam debt collector. Be wary and observant of this so that you do not make this mistake. Jot down any instances where this behavior has occurred and use it to file your claim.  

Debt collectors must be honest: Debt collectors lying to you about how much you owe, what consequences you will face is something that the FDCPA does not tolerate. Debt collectors must not mislead or lie to you about:

  • How much you owe.
  • Whether or not it is past the statute of limitations.
  • Legal consequences/punishments if you do not pay. 
  • The company they are representing. 

Debt collectors are always obligated to be truthful about your debt situation, but they also have a right to say nothing at all. If you find yourself unable to get information from your debt collector, it might be in your best interest to seek out advice from a legal agency in your neighborhood.

Debt collectors have to play fair: In desperate situations, some debt collectors might resort to making threats to coerce you into paying your debts. Some examples of this type of behavior may include but are not limited to:

  • Asking you to write a postdated check to cover the debt.
  • Threatening to deposit or depositing your postdated check prior to its date. 
  • Threatening to take ownership of your assets as payment. 
  • Asking for and accepting more money than what is actually owed. 

Debt collectors are required to validate your debt: They will have to send you a validation letter to prove that you are responsible for the debt they are asking for. If you still feel like you need additional information, you may also request a verification letter. In accordance with the FDCPA, debt collectors have five days to send you a validation letter once they first make contact with you. The letter must state:

  • The amount of debt you owe.
  • The name of the creditor/entity that you owe payment to. 
  • That the collector will assume the debt is valid unless it is disputed during the allotted 30-day timeframe. 
  • That you are entitled to request additional information regarding the original creditor within 30 days of the first contact.
  • That if you choose to dispute the debt, you must submit a written request within 30 days. 

Final Thoughts

In the unfortunate circumstance that your rights are violated, you basically have two options. You can either file a complaint or sue the collection agency. Filing a complaint is pretty simple. In fact, a majority of the complaints received by the Consumer Financial Protection Bureau (CFPB) are regarding violations of the Fair Debt Collections Practices Act. 

The best thing you can do is keep a detailed record of the abusive practices to help prove your case. A lot of times, this malpractice occurs over the phone and can be hard to prove. Save evidence of all the phone calls, what time they took place, and notes about what was said. The more information you have about what happened, the better chance you have at proving your claim.

What Is the Fair Debt Collection Practices Act? is a post from Pocket Your Dollars.

Source: pocketyourdollars.com

All About the Statute of Limitations on Debt

All About the Statute of Limitations on Debt

Paying off debt can be an excruciating process, depending on how much money you owe. But your debts may not haunt you forever. Most consumer debts have a statute of limitations. That means that after a certain amount of time has gone by, collectors can’t sue you for failing to pay off outstanding debts. Here’s everything you need to know about the statute of limitations on debt.

See how long it’ll take to pay off your credit card debt.

Understanding the Statute of Limitations on Debt

You can be taken to court for not paying off certain debts. But there’s a limit on how long debt collectors can chase after the borrowers they want to sue.

The period in which someone can take legal action against you for owing money is known as the statute of limitations. In many cases, that time period either begins on the date you last made a payment or when your account becomes delinquent (which usually happens 30 days after a borrower fails to make a payment). But sometimes, the statute of limitations begins whenever you last used the account, acknowledged that you owed debt or agreed to make a payment (more on that later).

Statutes of limitations offer consumers with old debts some protection from debt collection agencies. After the statute of limitations on a debt expires, that unpaid debt is considered to be time-barred. At that point, borrowers no longer have a legal obligation to pay off their debts.

Different states have different statutes of limitations. And there are different rules attached to different types of debts. In Iowa for example, the statute of limitations on credit card debt is 10 years. In Alaska, Alabama and Washington D.C. it’s only three years.

Not all consumer debts have a statute of limitations, however. Federal student loans, for example, haven’t had a legal expiration date for over two decades.

What to Do With Time-Barred Debts 

All About the Statute of Limitations on Debt

While you may no longer be legally responsible for your time-barred debts, you’re not totally off the hook. Most negative credit information – like unpaid debts – can stay on your credit report for up to seven years. But tax liens can remain on your credit report for up to 15 years and bankruptcies can be reported for 10 years.

Not repaying the old debt you owe after the statute of limitations expires could hurt your credit score. And you could have a hard time trying to buy a house or take out a new loan.

Related Article: The Worst Ways to Deal With a Bill Collector

If you decide to pay off an old debt, it’s important to make sure you have documentation confirming that the debt is yours before making a single payment. You may have to pay off your debt in full in order to avoid restarting or extending the statute of limitations on your debt. So talking to a lawyer before making a single payment is a good idea.

When a Collector Asks About Your Time-Barred Debt

Even though you can’t be sued for your time-barred debts, a debt collector may try to come after you anyway. Bill collectors are required to follow certain rules under the Fair Debt Collection Practices Act (FDCPA). But they have the right to contact you even after the statute of limitations on a debt runs out. If a debt collector threatens to sue you for a time-barred debt, he or she could be violating the FDCPA.

Statutes of limitations can be tricky. So if you’re not sure whether your debt is past its legal expiration date, it’s a good idea to ask a debt collector who contacts you if your debt is time-barred. If he or she says no, it’s best to ask for the date of the last payment and request written proof that the debt they’re trying to collect is actually yours.

You’ll need to be careful when speaking to debt collectors, especially when dealing with a debt you believe is time-barred. If you say the wrong thing, the statute of limitations could be restarted or extended and you could end up having to pay a bill collector what you owe. The debt collector could also sue you and win.

The clock on your debt can restart if you admit to owing a debt, promise to start paying it or attempt to start repaying it by sending money to a debt collector. But the guidelines associated with extending and restarting the statute of limitations vary depending on where you live.

Related Article: Understanding Debt

Final Word

All About the Statute of Limitations on Debt

If you don’t know if the statute of limitations on your debt has expired, you can check with someone from a local legal aid society, an attorney or your state attorney general’s office. Or you can figure it out yourself by finding out when the statute of limitations begins and looking up your state’s laws regarding the statute of limitations on debts.

After you can confirm that the statute of limitations on your debt has in fact expired, you’ll have to decide what to do with it. You can pay off the debt and improve your credit score or ignore it and wait until it disappears from your credit report. You could also dispute the old debt or try to work out an agreement so that you end up paying less than what you owe your creditor.

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