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by Todd Temple
On paper, my new business idea looked hot.
My associates and I would tour the country,
producing seminars for teenagers. So I
cleared out my overstuffed savings account
and started spending: an office, employees,
computers, video and sound gear, brochure
mailings and print ads and plane tickets. Our
events were a hit.
Just one problem. We had figured on breaking
even by the end of the first year. But the
attendance, as good as it was, wasn’t as high
as planned. So we scaled back the next year’s
tour and borrowed money to pay for promotion
and travel. We had another good tour ... but
expenses still outweighed income. It
happened again the next year, and the year
after that. I had to keep borrowing to keep us
afloat. Then I ran out of lenders.
Good thing I did, because the red ink had
flowed to six figures. I owed money to many
friends, and a dozen increasingly unfriendly
banks. With insufficient income to make even
the minimum payments on all the loans, I
started rationing: pay one batch this month,
another batch the next. After several months of
this hit-and-miss business, the creditors ran
out of patience. One by one, they closed my
accounts and demanded immediate
repayment of everything I owed them.
The creditors were very demanding. Every
other phone call was from someone wanting
to know why I was such a reprobate and
whether they could expect my $10,000
cashier’s check tomorrow or the next day, or
would they have to sic their lawyer on me. My
mailbox overflowed with collection notices —
first from the creditors themselves, then from
their collection agents, then from the
debt recovery companies that had purchased
that bad debt from exasperated creditors. And
finally, from attorneys, who had the nicest
envelopes, filled will the nastiest contents.
It would have been comical if it weren’t so
painful. We — the creditors and I — were in
near-total agreement: I messed up. I owed
them money. I wanted to pay them just as
badly as they wanted to be paid. Yet despite
all our common ground, we couldn’t come to
terms because of a single fact: I had
absolutely no way to pay them. Even if I sold
everything I owned — including the equipment
I needed to make a living — I couldn’t pay off a
tenth of my debt, much less the full
amount they demanded.
I couldn’t even respond to their "gracious"
monthly repayment plans — my budget was
already trimmed to the bone. How could I cut
back on a one-meal-a-day food allowance, or
cancel medical insurance I didn’t have, or
forgo entertainment expenses I no longer
incurred because I was too ashamed to go
out with friends to whom I owed money? My
bleak budget had no room to budge. As I
discovered, this is the kind of information no
creditor wants to hear. Since there was
nothing else I could say that would satisfy
them, we had nothing to talk about. So I turned
on the answering machine, ignored the
doorbell, and wallowed in silence.
Climbing Out of a Debt
Crisis
In last month’s column, we talked about how
to climb out of debt. The steps I outlined
assume that you have enough income to at
least cover your minimum payments. If that’s
not the case — if you’re missing payments or
borrowing from one account to make a
payment on another — you’re in a debt crisis,
and the way out of it calls for drastic action.
That’s what this month’s column is about.
Even if you’re not in a debt crisis yourself, you
may know someone who is (or is headed
there). This information may help you to help
them. So take notes.
1. Put Creditors on Hold: Do a quick
forecast for your immediate financial future. If
you know that relief is a few months away (and
I mean for real, not just because you’ve got a
tip on a racehorse), then you may be able to
postpone some payments. Call your creditors
and tell them the situation. Under the right
circumstances, they can be very gracious
here. The rule about it being easier to ask for
forgiveness than permission doesn’t apply
with creditors. They like to know what you’re
about to do, and will punish you with late fees
and nasty marks in your credit report when
they don’t. Actually, they may do that anyway,
but they’re nicer when forewarned.
2. Unload Cargo: If you’ve got no
financial relief looming in the immediate future
— or you did but your horse dogged it in the
stretch — then you’re going to have to make
some tough choices. When most people get
to this place, they just keep rationing
payments, holding out for increasingly unlikely
financial relief. Meanwhile, their balances
continue to rise from all the late fees, back
payments, and the ever-growing interest on it
all. That means more expenses, more
missed payments, and sooner or later, closed
accounts.
Don’t wait till that happens. If you know you’ll
never make it to the end of this journey with
the load you’re carrying, it’s time to jettison
some cargo. Reorder you debt list, placing the
most crucial accounts at the top. (What
debt list? Read Get
Out! (of debt) to see what we’re talking
about here.) If you’ve got a secured loan on
something you can’t afford to have
repossessed, that’s a candidate for the top of
the list. If you have more than one credit card
account and you hope that at least one of
them will still be with you when the dust
settles, pick the best one and place it high on
the list. Put the other credit cards at the
bottom. Rank all your debts this way, then
divide them into two lists — Now and
Later. The Now list contains only those
debts you can manage to keep current with
monthly payments based on your budget. The
Later list is made up of accounts that you’re
going to have to ditch now and come back for
later.
3. Say Goodbye: This next step is
pretty awful because you’re going to
disappoint a lot of people, especially yourself.
Go down your Later list and prepare to say
goodbye to the accounts on it. If the debt is
secured — using your car, furniture or kid
brother as collateral — the creditor is probably
going to take the secured item away from you.
(Before they come for your car or couch, be
sure to dig out all the spare change under the
seat — you’ll be needing it.) And if you owe
money to the bank where you keep your
savings or checking accounts, read the fine
print on your agreements: You may have given
them the right to seize that money to apply
toward an unpaid debt. If that’s the case,
consider opening an account at another bank.
(This was tough to do in my case because I
owed just about every bank in town.)
Now it’s time to write some Dear John letters.
If the creditor on your Later list has issued you
a credit card, request that they cancel your
account. At this point, you may not want to tell
them the whole story. ("Hi, I’m canceling my
account ... and, by the way, I won’t be sending
you any money for a long time.") If you do,
you’ll immediately get besieged with phone
calls and letters demanding immediate
payment. It may be best to inform them of that
second fact after you’ve had a chance to work
out your new payment plan.
Whether you tell these creditors or not, they’ll
soon figure it out. And they’ll keep tacking on
interest and penalties and anything else
they’ve written into the fine print. Unfortunately,
there’s nothing you can do about that right
now. They’ll also start calling you pretty
frequently. Federal law says they can’t call
before 8 am or after 9 p.m., nor leave
embarrassing information with a roommate,
family member, office peer or on your
answering machine. They’re not allowed to
threaten to hurt you, others or your property.
And they can’t use profane or obscene
language (for the rules regarding your
use of such language, call your mom). Given
these limitations, you’d think that their calls
would be nothing but wonderful, but many
creditors and their agents have figured out
how to work within the law and work you over
at the same time.
You can decide what to do with these
unpleasant phone calls. If you choose to
answer, be polite but firm: Stick to your plan,
don’t divulge personal information (how much
you earn, where on earth it all goes each
month, etc.), take notes of what you agree to
and don’t make promises you can’t keep. If
you don’t want to take the calls, tell them that.
By law, if you demand that they cease calling,
they have to stop. It’s best to make that
demand in writing (keep a copy of your letter).
If they keep calling, contact the creditor, or file
a complaint with the Federal Trade
Commission (see sidebar, Looking for
Help).
If you know it’s going to be many months (or
years) before you can settle the debts on your
Later list, I suggest that you not take the calls.
For me, they were an all-too-frequent reminder
of my failure — something I didn’t need when I
was working like a madman to redeem the
situation. If you take the calls but have no
solution to offer, the creditors will keep calling.
They have you on speed-dial. They also know
the odds of their collecting the debt: If the
account is three months overdue, they have a
75% of collecting. At six months it drops to
50%, and after a year, their odds drop to one
in four. So it pays them to pounce soon and
often.
When creditors have tried to settle things
frequently, via phone and mail, without result,
they’ll often turn things over to a collection
agency that specializes in debt recovery.
These folks generally play hardball, and may
bring in a law office to do the pitching. If the
debt is unsecured, there are just two things
they can do to you (besides make you feel
awful): They can fill your credit record with bad
marks (not much you can do here), and they
can sue you. If your creditor thinks you have
assets, they may take you to court, hoping that
the judge will take these assets out of your
hands and into theirs. If you have a decent job,
the judge can garnishee your wages — which
has nothing to do with parsley, as it turns out.
Lawsuits aren’t cheap, so despite all threats
to the contrary, a creditor isn’t going to start
one unless they determine that you’ve got
decent assets or a good paycheck. (Which is
another reason not to share all your personal
information with creditors — they write it down
and use it to determine your lawsuit potential.)
If you’re in college or just graduated, out of
work or self-employed, and have no significant
assets, you’re what creditors call "judgment
proof." In layman’s terms, that means "broke,
and likely to stay that way." If that describes
you, you’re pretty safe from court. Isn’t it nice to
know that your poverty comes with a silver
lining?
If you are indeed judgment proof, there’s really
nothing creditors can do to get their
unsecured money back until you’re ready to
pay them. And since you’ve already
determined that you’re not ready yet
(that’s why they’re on the Later list), it’s best
just to set aside this list and get to work on the
Now list.
4. Start Climbing: The good news is
that you’ve got a list of creditors you can
satisfy. So do it. Make all your payments to the
accounts on your Now list. Stay current and in
good standing with these people. You need all
those rosy marks they’re putting in your credit
record to offset all the bad ones you’re getting
from the folks you’ve left behind. And more
importantly, you need to prove to yourself that
you have control over some of your finances.
The discipline you build here will help you
return to the Later list sooner.
When you’ve paid down the Now list to the
point where you can address someone on
your Later list, redo both lists and get ready to
deal with some old but not-too-happy
creditors. You may have to do some hunting to
track them down. If it’s been too long, they’ve
written off the debt and sold it to someone
else. Contact the original creditor and ask for
the current balance, or the name of the
company that now owns your debt. Be ready
for the bad news: While the creditor may have
given up on you, their interest-giddy
computers haven’t missed a penny. Your
current balance will include interest on the
long-unpaid balance and interest on
the interest and late fees. Welcome to
compound interest.
If the creditors on your Later list run long and
deep, you may find it nearly impossible to pay
off these debts. That’s what happened to me.
When the bottom dropped out on my finances,
no one made it onto the Now list: I had
just enough income to survive, so every
creditor had to be put off till later. By the time
my finances stopped their freefall, the
compounding interest on my debts had
inflated the balances to outrageous
proportions. So I had to make a choice: I could
use the few extra dollars I now had each
month to resume payments, or I could save up
the cash and negotiate a one-time settlement
with each creditor. I chose the latter.
My income, though rising, was still unreliable.
I couldn’t stomach the thought of promising to
pay my creditors a set amount each month
when I didn’t know that the money would be
there. Then the phone calls and letters would
pour in again, and I’d fall back into the whole
mess of failure and disappointment and
depression. And even if I could manage the
payments, it might take me 10 years to pay it
all off. For me, the only practical solution was
to save up a stack of cash, then work out
some settlements. Many of the creditors were
already offering to settle things for less than
the full balance. Their odds of collecting
years-old debt from a judgment-proof debtor
are pretty slim, so getting some of the money
is better than receiving none at all. I accepted
their offers, settling each debt when I had the
cash to do so with a single payment.
I need to confess something here. This
settlement thing was one of the most
unsettling moments in my journey. After
all, when I borrowed that money I had
promised to pay back all of it. How
could I agree to pay them less? I sought
counsel from two mature Christians I
respected: the one a
defaulted-then-redeemed debtor, the other a
banker who dealt with us defaulters for a
living. Both agreed that if the creditors were
willing to forgive a portion of the debt, I was
free to take it. So I did.
If your journey takes you to this crossroads, be
aware that the settlement option comes with
three catches. First catch: Your credit record
may indicate that the debt is settled (this is not
always the case, so try to make this a
condition of your settlement), but it will still
show the unsightly payment history that led up
to it. Second catch: The IRS treats most types
of debt forgiveness as income, so you’ll owe
taxes on money you never really earned. If you
settle a $3000 debt for $2000, you’ll have to
pay income taxes on the $1000 you were
forgiven — and the IRS knows that because
the creditor had to report the settlement.
The third catch comes only after you read
Matthew 18:23-35. Jesus used this startling
parable to reveal how his father deals in
forgiveness, but I believe it also applies to us
and our own finances: If your creditor forgives
a portion of your big fat debt, rejoice!
Then call up all those flaky friends of yours
(the ones who’ve stiffed you on pizza and
movie tickets and gas money) and tell them
you’re tearing up their little IOUs. Apparently,
forgiveness — financial and otherwise — is
something we’re supposed to pass along.
6. Honor Whom You Love: This last
step is actually out of order, but it’s most
important so I’ll end with it. If you owe money
to friends and family, I have a hunch you put
them at the bottom of your list. Maybe because
they’re most forgiving ... or maybe because
they’re not charging you interest. For those
very reasons, you should consider putting
them first. They’re the ones who’ve
stood by you, putting your finances ahead of
their own. Now it’s time to reciprocate. By
paying them off first, you make it clear to them
and yourself that your relationship is more
important than your money. There’s a selfish
advantage to this order too. When you pay off a
bank, no one there will give you a hug. When
you pay back your best friend, she’s so
delighted she’ll make it feel like Christmas.
And when you first attempt to dig yourself out
of debt, you need all the positive reinforcement
you can get.
I spent the first year of my ascent sending
checks to friends. It was a very good year. The
debt had worked like a wedge in some of
these relationships. In most cases, it was a
wedge of my own making. I felt so guilty about
owing them money, I’d avoid them even when
I needed their friendship most. When they
asked me how I was doing, I felt it necessary
to describe how tough things were at work,
just so they’d know that I was still struggling
with the debt. I’m sure they grew tired of my
sackcloth-and-ashes routine. Most of them
just wanted to know how their friend was.
So when I was able to settle these debts, I felt
redeemed. A friend would call to say he got
the check, and how he never expected it —
that it made his day because he knew it
made mine. Another would see me and
say what she felt with a silent, welcome hug.
One friend, a graphic artist to whom I owed
thousands, wrote me a letter. Business had
been bleak for too long, so she had decided to
give it up at the end of the month. My check
was her answer to prayer — God’s way of
saying that she was doing what He wanted
her to do. God kept this talented artist in
business...and He used one of my first checks
to do it. Even in the toughest of times, God
never tires of surprising us with blessings.
Regardless of how much they’ve lent you —
five bucks or $5000 — your family and friends
deserve first consideration. Put them first on
your list.
Level Ground
Again
To finish my story: I did indeed pay off all my
friends first. That took a year. It was a
wonderful year. Then I got to work stockpiling
enough cash to settle with the long-neglected
banks. That took two more years, which
weren’t so wonderful because some of the
income had to go toward the replacement of
my 10 year old car, and to pay the dentist
$2000 to fix the teeth I had neglected in my
poverty. But patience and diligence and
100-hour weeks prevailed. The final debt was
settled last December, allowing me to start
this year on level ground. I bought a gray
cashmere sweater to celebrate. Life is sweet.
Time for the disclaimer. I’ve described my own
successful journey out of a debt crisis. I
followed the counsel of wise friends and
sought information from books and articles on
the topic. Your journey may require a different
path. Some people choose bankruptcy. I was
certainly a prime candidate for that option, but I
had broken too many promises in my life; my
conscience could not have borne a new batch.
I speak personally here — whether it’s an
ethical option for others is something I cannot
judge.
Whatever path you take, do so after you’ve
done your homework. Read as much as you
can about the options, seek counsel among
your wisest, most trusted friends. I’ve listed
some resources in the sidebar, Finding
Help.
As much as I learned about finances on my
long and painful climb to level ground, the
greatest lesson had nothing to do with money.
I discovered a strange and delightful thing
about God: He won’t go away. You can think
yourself the world’s deadest deadbeat,
convince yourself that the debt will never go
away and hide away in the darkness, in the
lonely shame of it all. Then you turn around
and He’s right there with you. Holding a
match, no less.
You want Him to go away — to leave you in the
darkness, or at least to go erase your
creditor’s computer files, or get to work on
your desperate prayers: "Tell me the Lotto
numbers ... show me the buried treasure ...
send Ed McMahon to my door." But He just
sits there. And that’s enough. Because as
dark as your situation is, with God in there, it’s
never pitch black. So you learn to trust this only
light source, and you start climbing, and He
climbs with you.
I sure hope you don’t have to take a climb like
mine. But if you do, you can be certain it’s
possible. And totally worth the effort. You’ll
discover the depth of friendship, the
sweetness of forgiveness, the tenacity of our
God and bonus — you’ll get out of debt
in the process.
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