If a creditor has problems in collecting a debt from you, he has a few options at his disposal. One of them is to sue you and attempt to garnishee your paycheck. What this basically means is that, since he is unable to get the money directly from you, he is asking the courts to force your employer to take money from your paycheck and send it to him. To protect you and prevent abuses by the creditor, however, both the federal and state governments have enacted a set of rules as to how this should work.
The first thing that must happen is that the court must actually rule against you. If the creditor sues and the courts reject his claim, the creditor is out of luck and will not be able to legally collect any monies from you. If, however, the court enters a judgement against you and the creditor prevails, the court can then direct your employer to set aside a certain amount of your paycheck each week and send it to the creditor until the debt is resolved. In legal terms, this is known as wage garnishment or a wage attachment.
In order to prevent you from becoming destitute, there are Federal and state limits as to how much money can be taken from your paycheck. The federal limit is the lessor of 25% of your weekly paycheck or a calculated formula comparing the dollar amount of your weekly paycheck minus 30 times the minimum hourly income. In addition to federal wage attachment laws, all states have their individual laws. These laws, however, must provide at least the protection to the debtor that the federal laws provide.
In fact, some states have enacted significantly tougher wage garnishment rules on creditors than the federal laws do. These laws may either add additional barriers that the creditor has to overcome if they want the courts to rule in their favor. Or, the laws may go much further in limiting the amount of money that can be deducted from the debtors paycheck. In practical terms, what this means is that a creditor bringing a suit against a creditor in Minnesota can expect different results than a creditor filing a lawsuit in Arizona.
A number of employees are needlessly afraid of wage garnishments. Yes, it is embarrassing. But, primarily they are afraid of being fired by their employer when their employer discovers that a creditor has sued them for money. But, the federal law explicitly prevents an employer from firing you due to a wage garnishment. If an employer does fire you, however, you will have a legitimate criminal lawsuit to bring against your employer.
Now, to be sure, the fact that their wages are being garnished can be embarrassing for the debtor. But, in a society where debt is such a large part of nearly all financial transactions, it is a necessary tool that allows creditors to be repaid what they are legitimately owed.
Showing posts with label Taking. Show all posts
Showing posts with label Taking. Show all posts
Monday, June 11, 2012
Wednesday, May 9, 2012
You Can Improve Your Finances By Taking A Bad Credit Mortgage Loan
More manageable monthly payments, better interest rates, and a chance to improve your credit history, these are the three goals of acquiring a bad credit mortgage loan. Do you have a poor credit history? Bad credit mortgage loans can assist you in purchasing a new home or refinancing the one you already live in. Taking a bad credit mortgage loans can help you re-establish your creditworthiness and give you some financial stability.
Generally, if you have been holding a high-interest home loan for twelve consecutive months and have made your payments in a timely manner, you will be able to apply, and probably approved, for a bad credit mortgage loan. Lenders are out there to accommodate your financial aspirations. Your twelve months of on-time payments will have given your credit history quite a nice boost as well. You can choose one of three types of bad credit mortgages.
Type One: New Home
Even though you may have a pretty poor credit history you probably can still get the financing to buy a new home. If you are a first time buyer or you are looking for a second home, this is probably a good solution for you. Bad credit loan mortgages have rather high interest rates, but once you get your credit scores back on track, you will be able to refinance at more reasonable interest rates. With each timely payment you make your credit scores inch up a little higher.
Type Two: Refinance Mortgage
This may sound tricky, but it is not really. A bad credit mortgage refinance allows you to pay off the existing mortgage on the home with the funds gleaned from a second bad credit mortgage loan while keeping the home on the second mortgage as collateral. As noted above, this can happen after twelve months of regularly scheduled payments. You will have a lower interest rate, which means you can build equity faster. Also, your monthly payments should be more manageable.
Type Three: Home Equity
At some point you will have built some substantial equity in your home. That is, a significant portion of the principle on your bad credit mortgage loan will have been paid. You can request a second mortgage loan, also called a home equity loan, in the amount of that sum of equity. The same home can be the collateral. This bad credit second mortgage will have better interest rates and reasonable repayment terms as well.
Many home buyers have such a second mortgage loan, or home equity loan, and have used it for any number of good financial reasons. Often they are used to consolidate a bunch of pesky little debts. Some have used it for home improvements which increases the value of the property. Sometimes the funds are used for emergencies such as unexpected medical expenses or trips necessary for distant family obligations. Paying this on this mortgage is much cheaper than using credit cards. Once again, timely payments will boost your credit scores.
Pulling It All Together
As you can see, taking on a bad credit mortgage loan or a bad credit mortgage refinance can do a lot to boost your credit scores, to make your finances more manageable, and bring your interest rates down. Home buyers with poor credit benefit greatly using these loans.
Generally, if you have been holding a high-interest home loan for twelve consecutive months and have made your payments in a timely manner, you will be able to apply, and probably approved, for a bad credit mortgage loan. Lenders are out there to accommodate your financial aspirations. Your twelve months of on-time payments will have given your credit history quite a nice boost as well. You can choose one of three types of bad credit mortgages.
Type One: New Home
Even though you may have a pretty poor credit history you probably can still get the financing to buy a new home. If you are a first time buyer or you are looking for a second home, this is probably a good solution for you. Bad credit loan mortgages have rather high interest rates, but once you get your credit scores back on track, you will be able to refinance at more reasonable interest rates. With each timely payment you make your credit scores inch up a little higher.
Type Two: Refinance Mortgage
This may sound tricky, but it is not really. A bad credit mortgage refinance allows you to pay off the existing mortgage on the home with the funds gleaned from a second bad credit mortgage loan while keeping the home on the second mortgage as collateral. As noted above, this can happen after twelve months of regularly scheduled payments. You will have a lower interest rate, which means you can build equity faster. Also, your monthly payments should be more manageable.
Type Three: Home Equity
At some point you will have built some substantial equity in your home. That is, a significant portion of the principle on your bad credit mortgage loan will have been paid. You can request a second mortgage loan, also called a home equity loan, in the amount of that sum of equity. The same home can be the collateral. This bad credit second mortgage will have better interest rates and reasonable repayment terms as well.
Many home buyers have such a second mortgage loan, or home equity loan, and have used it for any number of good financial reasons. Often they are used to consolidate a bunch of pesky little debts. Some have used it for home improvements which increases the value of the property. Sometimes the funds are used for emergencies such as unexpected medical expenses or trips necessary for distant family obligations. Paying this on this mortgage is much cheaper than using credit cards. Once again, timely payments will boost your credit scores.
Pulling It All Together
As you can see, taking on a bad credit mortgage loan or a bad credit mortgage refinance can do a lot to boost your credit scores, to make your finances more manageable, and bring your interest rates down. Home buyers with poor credit benefit greatly using these loans.
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