Posts Tagged ‘Credit’

Problems faced financially when filing for Divorce

Married couples need to realize the problems of untangling their joined credit when faced with Divorce.

Creditors of all types will be looking to collect from one or the other spouse regardless of the divorce, and if neither of the couple pays then the creditor will be more than happy to report a negative listing to their credit reports.

Medical Debt is often considered family debt, so even if one spouse was not listed as a responsible party, they can still be billed.

Credit card, installment, mortgage, and auto loans that are joint will be the responsibility of both parties. An example of this is if you both use a credit card you found through Mozo (http://mozo.com.au/credit-cards), then you will both be responsible for the money spent on it. If payments are missed then the creditors are going to rush just as fast as they can to report the derogatory remark to the credit reporting agencies on both spouses.

When couples file for divorce, they usually get a divorce settlement listing what each party is responsible for.

The problem is that the creditors were not represented nor did they agree. They still hold the right to go after both parties if one fails to pay. The injured spouse can obtain a copy of the divorce degree and forward it to the creditors to plead their case, but the creditor does not have to honor this.

If the creditor or collection agency refuses to accept this, then the only remedy is for the injured spouse to pay the debt off their self so that they don’t incur a bad credit rating resulting if they refuse to pay. The injured spouse would then have to sue the ex-spouse who was deemed responsible for the debt. The injured spouse needs to take a copy of the divorce papers to the court house to prove their case. If the injured spouse wins a judgment against the ex-spouse then a judgment is entered on the ex-spouses credit record. Should the ex-spouse pay the debt back, then it is up to the injured spouse to file a release with the court house so that the credit report can be updated that the ex-spouse did in fact pay.

What commonly happens is if the ex-spouse who didn’t pay gets a judgment they run to the court house and file bankruptcy and include the injured spouse so that they can’t seek reimbursement for the debt the creditors and collection agencies are now trying to collect from them.

Couples going through divorce should, when they know they will be getting a divorce, call all of the creditors and negotiate with them to remove one party off of the account, or if they can’t do that ask that the account be closed and separate accounts be opened in their individual names.

This should be doable if there is no current balance on the account, otherwise the lender may inform the couple that the balance has to be paid before they agree to this.

I suggest that if there is a large balance that can’t immediately be paid off, then the spouse responsible for the debt should seek obtaining a new credit card or installment loan to balance transfer their debt off of the joint account.

Just things couples need to know about Divorce and Credit.

ID Theft and how to Proceed

Consumers need to watch their credit reports and banking statements like a hawk. There is millions of ID Theft victims every year. Banks loose money, consumers get billed for debt they did not charge. Bank service fees go up to cover their losses.

If you are a victim of theft there are some steps you need to take to protect yourself and begin to fix the problems resulting.

1. Call all creditors involved in the theft. If you catch the discrepancy in time you can prevent minimal cost to yourself. You should tell the creditor on new accounts you did not open to close them out and start a fraud investigation. You should tell the creditor on existing accounts to close the old account and open up a new one. It is a good idea to add a pin number to the new account to add extra security so the theft does not happen again.

2. You should visit the Federal Trade Commission to file a complaint and obtain an ID Theft Affidavit. This is an all in one form to complete and forward copies to all companies involved in investigating the fraud. You need to send copies to all 3 credit reporting agencies, creditors, and collection agencies, and the police department.

3. Contact your local police department to file an ID Theft report, sometimes they will tell you that you have to contact the police department in the town where the theft took place. Sometimes they don’t take police reports, in that case ask if you can file a miscellaneous report. If the local police can not help you, it does not hurt to try higher up, contact county or state police.

3. Contact all 3 of the major credit reporting agency to activate a fraud alert. These alerts just last 3 months, so if you are still having trouble past the 3 months, be sure to call back in to activate the fraud alert again, as often as needed. It is a good idea to send the credit reporting agencies a request to add a victim statement. In the victim statement you want to say: “I am a victim of ID Theft, please call me to verify identity before extending new credit” Be sure to give them your cell phone number if you have one for quicker response. A victim statement will stay on your credit report until you write back in to remove it. The credit reporting agency will send you a free copy of your credit report (you are entitled to two free reports per year), when you receive it look over all information and call customer service with the credit reporting agency to dispute all accounts affected by theft. They will immediately remove and forward dispute to creditor for further investigation.

TransUnion:

1-800-680-7289;

www.transunion.com;

Fraud Victim Assistance Division,

P.O. Box 6790,

Fullerton, CA 92834-6790

Equifax:

1-800-525-6285;

www.equifax.com;

P.O. Box 740241,

Atlanta, GA 30374-0241

Experian:

1-888-EXPERIAN (397-3742);

www.experian.com;

P.O. Box 9532,

Allen, TX 75013

4. Keep records of everyone you talk to regarding the investigation. Take down name of company, time and date you called, the name of the rep that spoke to you, the phone number and extension needed to reach that person again. And notes about what you spoke about. Now tape recording phone calls are not allowed in all states, but if you notify the rep that you will be recording the conversation and they agree then you can. Sometimes that is really a good idea, because you might get flustered and forget what you talked about.

There are other companies you may need to contact regarding your particular case of theft, you can visit the Federal Trade Commission site and click on the theft logo on the bottom right corner of the main page to find more information.

Consumers may need to also contact:

Secret Service – They do handle major ID Theft situations.

Bank and Credit System Reporting Agencies – They are separate from the major credit reporting agencies.

FDIC or NCUA – These are the companies that regulate the banks and credit unions.

Post Office – Mail Fraud may have been a factor in the theft.

Social Security – Sometimes you can get issued a new social security number in unresolvable cases.

There are more but you should be able to find them here:

www.ftc.gov

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