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Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions.
Please review the guide below for more information.
Payday loans are small cash advances, usually of $500 or less. To get a loan, a borrower gives a payday lender a postdated personal check or an authorization for automatic withdrawal from the borrower’s bank account. In return, he receives cash, minus the lender's fees. For example, with a $300 payday loan, a consumer might pay $45 in fees and get $255 in cash.
Payday lenders are not the only option for consumers facing debt problems.There are many alternatives to payday loans such as: small savings accounts or rainy-day funds; salary advances from employers; credit card advances; working out extended repayment plans with creditors; and loans from friends, relatives, religious institutions, or social service agencies. In addition, many lenders have developed lower-cost alternatives to payday loans that have better repayment terms.
If you happen to be behind on your payday loans and your checks keep bouncing, you may be worried about facing criminal prosecutions. Some “payday” lenders have been known to call and threaten borrowers to “pay or go to jail.” As a result many “payday” loan borrowers are terrified by threats of criminal prosecution. But if you are in this situation, you should not be scared by these “loan shark” threats...
Many older Americans have difficulty meeting their monthly expenses. A fixed income can’t always cover a senior’s needs, particularly unexpected needs associated with medical problems, home and car repairs, or even an old refrigerator that doesn’t work anymore. Unfortunately, there are few resources to help vulnerable seniors get through these hard times. Affordable small loans are hard to come by. As a result, many seniors end up with very high cost small loans, including payday loans...
A loan is borrowed money which must be repaid in one or more payments. Lenders charge interest on the amount you borrow. This means that you pay back more than you receive. This is how a lender covers the cost of doing business and makes profit. The higher the interest rate, the more you must repay. You should know that the lower the monthly payment, the longer it will take you to repay the loan and the more you will pay to borrow the same amount at the same interest rate.
See the attached guides in English and Spanish for more information.
Many collection lawsuits are brought by companies called Debt Buyers. Debt Buyers pay money to other companies for the right to collect money owed to those companies. For example, you might owe $3,000 on a store credit card. After a while, the store may decide to sell the debt to a Debt Buyer for a few hundred dollars, instead of trying to collect it. Then the Debt Buyer will try to collect from you...
A pension plan is an agreement between an employee, their employer and, for some jobs, the union. Sometimes, the employer contributes and sometimes the employee does as well. Employers are not required to have pension plans. A federal law, the Employee Retirement Income Security Act of 1974 (ERISA), sets the standards for private pensions. It also provides guaranteed pensions in some cases.
Once a creditor sues and obtains a judgment (court order) against a debtor they must follow a legal process to obtain payment. The creditor collects on a judgment through a "Writ of Execution" which directs a sheriff to seize the debtor's money, property, or real estate to pay the debt (in limited situations, money or property may be taken before a court enters a judgment). A creditor must collect on the debt within five years after a court issues a judgment, although a creditor can renew a judgment for additional five year periods.
Un acreedor puede requerirle a un empleador a desviar parte del sueldo de un empleado para pagar un fallo/ sentencia. El acreedor está limitado a tomar el sueldo de un deudor que: a) exceda treinta (30) veces el sueldo mínimo federal ($7.25 por hora vigente 24 de julio 2009), o b) es 25% del ingreso disponible. Cualquier exención cual permite al deudor mantener más de su sueldo aplica. Ingreso disponible es el pago neto del deudor después de las deducciones requeridas por ley, tal como impuestos, cuales son rebajados...
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