Welcome to our website credit and debt managementr.

New offers options to American consumers who need an effective debt reduction plan. We have settled over 150 million dollars worth of unsecured, credit card debt while saving clients thousands of dollars. AmeriGuard believes it is important to make an informed decision especially when it affects your financial health. Understanding your options can be overwhelming; that’s why we offer experienced, knowledgeable guidance along the way. provides the information you need to participate in creating a better future..

Tuesday, October 2, 2012

Debt Management Plans for Good or Bad Credit

If you have good credit, managing your debt helps you maintain a high credit score. If you have bad credit, debt management can help you improve your score. There are companies that provide debt management plans by setting up a budget and contacting your creditors to negotiate your debts. This is something you can do just as well yourself and save the fees you'd have to pay the debt management company.

Know How Much You Owe

    If you don't know your total debt or if your income will not cover your expenses, you can't start to manage your debt. Make a list of all the debts, whether it's secured, such as your car loan, or unsecured, such as your credit cards. Note the amount owed, monthly payment and interest rates. Start paying off the unsecured debt with the highest interest rate first while making minimum or required payments on all your other debt. When that first debt is paid off, take the amount you were paying on that debt and combine it with the payment on the debt with the next highest interest rate.

Develop a Budget

    Develop a monthly budget that covers all your required expenses. Go back through your checkbook, bank account and credit card statements to make sure you include everything. Some expenses, such as medical services or car repairs, don't occur on a regular schedule but should still be included in a budget.

Cut Back Expenses

    Look at what expenditures you can cut without affecting your standard of living too much. For example, you may be paying for premium movie channels as part of your cable bill. Instead, consider borrowing the movies from the library. Many will order the movies for you as soon as they're available. Make a goal of cutting back 10 percent on your total expenses and putting that toward a debt repayment plan.

Sell Unused Assets

    Go through the garage, attic and closets to find items you no longer use or need. Consider taking photos of sentimental items that you never use, such as Aunt Ruth's china, and selling the china itself. Use the cash to pay off debt.

Increase Income

    If you've cut expenses to the bone, you may find that the only way to start managing your debt is to increase your income and put that towards the debt. If members of the household only work part-time, it may be necessary to start working full-time, work after hours or work the weekends.

Refinance

    If your credit is good, you own your home and have equity in the home of more than 30 percent, consider refinancing the house and paying down your other debt with the proceeds. You most likely won't be able to refinance the mortgage if your credit is bad. However, you may be able to negotiate with the lender to bring down your payments to a manageable level. If your mortgage was insured by Fannie Mae, the lender may be obligated to refinance.

Renegotiate

    Credit card interest can be as high as 30 percent. That means the sofa that cost you $1,000 to buy will end up costing $1,300 if it takes you a year to pay down the card. If your credit is bad, renegotiation may bring down your expenses to where you can start to make headway on paying off the debt. You may be required to close an account to decrease the interest rate. This will be viewed as unfavorable on your credit report but help you in the long run since you'll be getting rid of the debt faster.

Warning

    If you decide to go with a debt management program administered by a company, do your homework and make sure the company is reliable and ethical. Most of them make money by charging you hefty fees on top of what you pay your creditors. Some hold the money you pay them until it reaches the total they've negotiated with your creditors as the payoff amount. If they go out of business before that total has been reached, you're out of luck. You still owe your creditor.

A Defendant's Legal Rights Against Creditors and Judgments

The Fair Debt Collections Practices Act, a federal law, offers protection from debt collectors and creditors. The law clearly specifies what debt collectors can and cannot do as they attempt to collect a debt. However. creditors and debt collectors have many resources for collecting debts, including filing lawsuits in small claims court.

Lawsuits

    Civil lawsuits are possible once creditors send delinquent accounts to debt collectors. The threat of a lawsuit is the debt collector's biggest weapon, and can result in a court judgment and bank or wage garnishment. It's impossible to predict if a debt collector will file a lawsuit, and not every delinquent account leads to court action. However, The New York Times reports that as of 2010, credit card companies and other lenders are increasingly turning to lawsuits to collect bad debts. Judgments are a legal order signed by a judge ordering a defendant to pay a specific amount of money.

Validation

    Debt collectors must prove they have the legal right to collect on a specific debt when challenged by the debtor at the start of the collections process. This is important for debtors because by law, the debt collector must cease all debt collection efforts -- including the possible filing of a lawsuit -- until it provides the information. Debt collectors can prove they have legal authority to collect a debt by sending the debtor information such as the last billing statement or copies of charges made on the account. In some instances it can take several weeks or even months for the debt collector to provide the information. Debtors seeking validation are required by law to request it within 30 days of first receiving a written notice about the debt from the debt collector.

Default Judgments

    Debtors who have received so-called "default judgments" can, in certain instances, petition the court to remove, or vacate the judgment. Default judgments occur when debtors fail to respond to a legal notice about a debt lawsuit, such as a request for the debtor to respond to the lawsuit in writing or to appear before a judge. Help from an experienced consumer affairs attorney is advisable when trying to vacate a judgment. Vacating a judgment allows for a near hearing on the case, but does not end the debtor's responsibility for the debt.

Location

    A debt collector filing a lawsuit must do so in the state and county in which the debtor lives. Some debt collectors work on commission, with some delinquent accounts bouncing around from one debt collection agency to another -- although legally, only one agency can collect on the account in a given time. A creditor who transfers the account to a law firm in the debtor's state may be contemplating a lawsuit.

State Statutes

    State statue of limitation laws determine how long debt collectors have to win a debt lawsuit. Debts beyond a state's statute of limitations laws are considered too old for considerations by the court system. Some debtors avoid judgments by informing the judge during a debt lawsuit that the lawsuit is invalid because of state laws. State statute of limitation laws vary by the state, but the average is about six years. Debtors can contact a local office of their state attorney for specific information about statute of limitation laws.

Considerations

    There are no provisions in state or federal laws to allow a debtor to escape a debt he legally owes, or to prevent creditors from seeking judgments. Creditors and debt collectors may offer payment plans or settlements, but they are not required by law to so.

What Can Lead to Bad Credit?

What Can Lead to Bad Credit?

Bad credit ratings don't occur overnight, but once they do, it takes hard work, self control and significant effort to reverse them. Bad credit can limit your ability to borrow money, rent an apartment or in some cases, find employment. The best way to avoid a bad credit score is to become familiar with the common causes of bad scores. Identifying credit traps will help you keep your good score and your good name.

Late Payments

    Making timely payments is important. An occasional late payment may seem insignificant, but over time, creditors may find your recurring lateness a problem. Late payments can drive down your overall score and will prevent some lenders from extending you credit. Make payments on or before the due date to avoid credit problems.

Too Much Debt

    Another factor that can lead to poor credit is taking on too much debt. Creditors use a technique called "debt to credit ratio" to grade your credit. They compare your current debt with your ability to repay the debt, as determined by your available credit. Ideally, creditors like the debt to credit ratio to hover about 30 percent, but this figure can vary. When you have too much debt, creditor confidence is shaken and you may be labeled as having bad credit.

Impulse Buying

    It's nice to have credit available for emergencies or for purchasing big-ticket items, but some consumers succumb to impulse buying. Impulse buying begins with a casual attitude toward credit and credit use. This type of consumer buys indiscriminately without much planning. One or two impulse purchases a week or month may seem insignificant, but these can add up quickly. Impulse buying is an easy way to squander hard-earned credit, and an impulsive shopping lifestyle can end in heartache.

Legal Issues

    Legal issues like filing for bankruptcy can affect your credit. Bankruptcy is an official notice to creditors that you can't pay your debts. Bankruptcies remain on your credit history for up to seven years. Court-ordered garnishments for child support or tax liens from the Internal Revenue Service can result in bad credit. If your home is foreclosed on or vehicles are repossessed, this can also damage your credit. When you face legal issues, you should hire competent legal representation to help guard your credit.

What Does It Take to Get a Loan?

Applying for a loan without knowing what it takes to get an approval can trigger a quick rejection. Regardless of your reasons for seeking financing, lenders look at specific information and take several factors into account. Ensure a quick approval by educating yourself on factors that increase the odds.

Good Credit History

    Don't expect a lender to approve your loan request without first checking your credit history and credit score. Credit history refers to your credit habits such as timely bills payments; and credit scores are three-digit numbers that help lenders assess creditworthiness. According to Experian, a score of 700 and above looks good on a loan application, because it points to good credit management. Raise your score first, and then apply for a loan. Keys to build a better score include paying down debts and always submitting payments by their due dates.

Ability to Repay

    Lenders do not approve every loan request, and they factor in an applicant's ability to repay the loan before approving. Repaying a loan involves having the extra income to meet this new expense. To assess the ability to repay, lenders review tax returns, banking statements and other income statements. They next review an applicant's credit report to assess existing debts and monthly payments. Based on this information, lenders determine whether a loan is within a borrower's means.

Collateral

    The majority of bank loans require collateral, which is personal property to secure the funds. Collateral serves to the lender's advantage; if a borrower defaults on the loan, lenders have the legal right to claim a borrower's collateral as repayment for funds. Properties function as collateral for mortgage loans, and automobiles are collateral for auto loans. But if applying for a personal loan to consolidate debt or make home improvements, the borrower may need collateral like a car title to secure the loan.

Shopping for a Loan

    Meeting with one bank and requesting a loan doesn't ensure the best financing package. Every loan has an interest rate and loan terms. Comparison shopping first is key to getting the best deal. This involves requesting free loan quotes from several banks or credit unions and comparing each offer to see which institution offers the cheapest interest rate and monthly payment.

Monday, October 1, 2012

What to Do if Sued by a Collection Agency?

When your debt is turned over to a collection agency, you typically have a few different ways that you can resolve the issue. One of the tactics that a collection agency could use to try to collect the debt is to sue you. If you are sued by a collection agency, you need to act quickly to avoid negative consequences.

Contact

    If you are sued by a collection agency, you will receive a summons. A process server will come to your home or will go to another location, such as your job, to deliver it to you. Once you receive the summons, you need to contact the collection agency immediately. If you ignore the notice, it will only cause you more problems in the future. Call the collection agency and talk to a representative about the debt.

Settlement

    Just because you are sued by a collections agency, this does not necessarily mean that you will have to go to court. Many cases are settled outside of court and this is really the easier route to take. When you talk to the collection agency representative, talk about setting up a payment plan or some other payment arrangement. Most of the time, you should try to stay out of court if at all possible. When you talk to a representative from the collections agency, you may even inquire about getting negative statements remove from your credit report if you pay the bill in full.

Court

    If you are unable to work out a payment arrangement with the collections agency, you will have a court date at your local court house. If you do not show up to the court date, the judge will automatically rule in the collection agency's favor. You should try to show up to the court date if possible. You will then be asked by the judge to verify your identity and whether you accumulated the debt that is in question. If this is the case, the court will rule in favor of the collection agency.

Judgement

    Once the court rules in favor of the collections agency, you will have to repay the money. You may have some say over how the money is repaid. The court may work with you and the collections agency to set up a payment plan that you can stick to. If you are unable to set up a payment plan or pay the bill in full, the court could have your wages garnished or your bank account levied.

What Happens When You Are Sued for Debt?

What Happens When You Are Sued for Debt?

Over time, debts you don't pay pass from creditor to creditor. This process continues until you either pay the debt or one of the debt buyers files a lawsuit against you. Your state's laws determine how long a creditor has to collect a debt through a lawsuit. Should you receive notice of an impending lawsuit, you must prepare to defend yourself in court or acknowledge your liability for the debt and accept a court judgment.

Notification

    When a creditor sues you, it must formally serve you with paperwork notifying you of the lawsuit. This paperwork consists of a summons and complaint. The summons contains the details of the case, the date and location of the hearing, and instructions for filing an answer with the court. The complaint notifies you of the amount the creditor claims you owe. A creditor can serve you with a summons and complaint in person or via mail, depending on your state's specific service guidelines.

Filing an Answer

    After you receive the summons and complaint, you have a limited amount of time to file a formal answer with the court and the creditor; this time period varies by district. If you plan to defend yourself in court, your answer must contain the defense you plan to use. If you don't file a formal answer with the court, the court grants the creditor a civil judgment automatically. The necessary forms for filing an answer are available at your county courthouse.

Discovery Period

    During the discovery period, you can request that the creditor turn over any documents it has and intends to use in court to prove its case against you. This helps you formulate a more effective defense strategy. The creditor also reserves the right to demand copies of any documents you plan to use in your defense. You only have the right to use discovery if you filed an answer with the court stating your intention to defend yourself against the impending lawsuit.

The Hearing

    At the court hearing, the judge hears both your case and that of the creditor. He examines the evidence that both of you present and renders judgment accordingly. Should the judge side with the creditor, the creditor wins a judgment against you. If the judge decides the case in your favor, however, the process is over. If you file an answer with the court yet don't appear at the hearing, the creditor wins a judgment by default.

Aftermath

    If you win the case, you can return home without fear of further repercussions or collection activity from the creditor. If you lose, the creditor requests proof of its judgment from the court and then uses its newfound status as a judgment creditor to seize your assets. The assets a creditor can seize vary depending on your state's specific judgment recovery laws, but, in general, judgment creditors can seize a portion of your wages, levy your checking and savings accounts, and attach liens to your personal property and real estate.

How Can I Get a Collection Agency to Settlement?

How Can I Get a Collection Agency to Settlement?

Utilizing the proper negotiation skills, you can save yourself hundreds if not thousands of dollars by settling with a collection agency. Collection agencies purchase your debt at a discounted rate from the original creditor. Information empowers you to properly negotiate and settle any collection account you have.

Obtain Credit Report

    Obtain a copy of your credit report. You can order your credit report by going to Equifax.com, Experian.com or TransUnion.com. You can also update your credit report by contacting the credit bureaus directly over the phone or sending them a letter with a copy of your identification and security card requesting your credit report. You are entitled to a credit report from each bureau once per year or if you are denied credit for any reason.

    Determine if the collection agency is on your credit report. If the collection agency is on your credit report, you may be able to negotiate having the debt removed. Research any inaccuracies in the way they placed the information or your credit report. If there is any information that is incorrect you have more room to negotiate a settlement. The Fair Debt Collection Practices Act, which is backed by the Federal Trade Commission, has laws in place to make sure collection agencies are reporting accurate information on your credit report.

Analyze Debt

    Determine how much of the debt you are willing and able to pay. You are not required to pay the full amount. Factor in your budget, available funds and monthly expenses in figuring how much you can pay the collection agency. Contact the agency via certified mail with your repayment terms. Be sure to inform the agency of the dates you will start repaying the amounts, and how you expect to have the debt cleared once it is fully repaid. For example, you can negotiate to have the collection account completely removed from your credit report. Give the collection agency 10 to 14 days to respond to your inquiry.

Agreeing on Settlement

    Wait until you receive correspondence from the collection agency. If the agency does not respond within the allotted time you gave, you can submit this information to your credit bureau via certified mail. The collection agent will eithercontact you via mail or phone informing you if it accepts the terms or not. You can continue to negotiate over the phone or you can negotiate by mail. Make sure any agreement is written and signed by both parties.

Tips

    You can also hire a certified public accountant to send a letter or your behalf informing the collection agency of your financial ability to repay the debt. Use this method only if you have limited to no funds to repay the debt. Collection agencies may reduce the debt greatly if your accountant verifies you have no means to repay.