I
have seen the advertisements and cringe - "Let us fix your damaged
credit", "Don't file bankruptcy, let us help". I am sure you
have not only seen them but if you have been in financial trouble you have
probably thought about calling a credit counseling service for assistance.
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You might as well wreck your car and collect the proceeds to repair your
own credit while recuperating.
My husband's financial situation was bleak, to say the least, when we
met. He had previously been married and followed the letter of the law as
laid out in his divorce decree. Unfortunately, his legal representation
failed to explain that in order for his name to be removed from an
automobile loan his ex-wife was awarded, that she needed to either refinance
the car or she had to file a "Release of Lien" and obtain approval
from it with their lender. She did neither and she failed to pay for the
car. Yup, it was repossessed and he was held responsible for the loan since
they could not locate her.
The same thing happened with their income taxes. She was supposed to pay
her portion and five years after the divorce they located him and not only
delivered a bill to him but audited him (this was prior to the newer and
nicer IRS).
He was in college, getting his Ph.D. and his income was very limited. He
was able to pay his truck loan and his living expenses but there was little
left over for anything else.
I had just graduated from college with my high and mighty B.S. in
Consumer Economics and thought I had the answer for him. I had taken a class
whereby various executives from our community came in and explained their
jobs and what the career possibilities were for our new educated lives. One
of the ladies who spoke was from the local non-profit credit counseling
agency and I had retained all of the literature she had shared with us.
My husband really wanted the situation remedied and was willing to do
what was necessary to fix what was broken - instead of walking away from it
through bankruptcy. He made an appointment and after we spent a whole week
filling out the paperwork, they agreed to work with him to get him on the
right track.
They made agreements with credit card agencies to stop the accruing
interest as long as he paid the principal balance and we sent them a check
every month to cover all loans and credit card payments. They disbursed the
money and sent us a receipt so that we knew how much was paid to whom and
the remaining balance.
Our goal was to get everything cleared up within seven years. Fortunately
we were smart enough to know that if we had extra funds, we sent extra money
and asked them to forward it to whichever account we thought was best. We
were able to pay everything off in four years - quite an accomplishment!
Then the bomb hit. We were sent a final copy of all payoffs along with a
whole packet of information from the businesses in the town that we lived in
showing us who would lend money to one of their 'graduates'. What? We
thought we were taking care of everything so that we would not have trouble
in the future with credit.
Wrong, wreck the car.
The information from the credit counseling service was dutifully reported
to the credit reporting agencies and reality hit. If we had filed for
bankruptcy, his credit report would have been wiped clean after seven years.
There are also a number of places that are more than happy to loan people
money after they file for bankruptcy because they are devoid of bills. As it
was, we spent four years being socially conscious citizens and paying back
debts and another seven years waiting for everything to disappear from his
credit report.
I do not recommend wrecking the car and having the insurance company
finance the bad choices you made in your financial life and I do not
recommend filing bankruptcy, for the same reasons. What I do recommend is if
you have financial trouble, you get ALL information available to help you
make an informed decision. This includes not only how to stop the harassing
bill collectors from calling you but also where you will stand when you have
paid your debts and have to live with the results.