Month: October 2013

The Average Joe and Jane Guide to Smart Borrowing

Couple managing their money together

Borrowing money really is a double-edged sword. On the one hand, smart borrowing will help you build up a good credit score so that you can take out further necessary loans or credit, such as a mortgage. But at the same time, borrowing can affect your ability to obtain employment, a home, and insurance depending on how you manage your finances.

Today, it is almost impossible to get by without credit ­– many services require a credit card, and if you are to make a large purchase like a car or a house, you pretty much can’t get by without it. If you are responsible with credit, it can be highly useful. But if you aren’t careful, the results can be catastrophic.

To help you better understand and make smart decisions with your credit, we’ve created the Average Joe and Jane Guide to Smart Borrowing. Behold.

What is Credit?

Credit is, simply, the money you borrow to pay for purchases. It includes any loans, financing and credit card purchases. There is an agreement that you will pay back the money you have borrowed, plus a little bit extra.

The extra amount is the cost associated with borrowing the money, and generally comes in the form of fees and interest. Fees are what you are charged by financial institutions for services such as reviewing loan applications or servicing the account. Interest is the amount a creditor charges for letting you use its money. The amount of interest you will be charged on credit or obtaining credit approval depends on your borrower profile.

Tips for Managing Your Credit

Smart borrowing is predicated upon wise financial management practices. To build good credit rather than accumulate unmanageable debt, you should always strive to follow these guidelines:

  • If possible, pay off your entire bill each month
  • If you can’t service the entire amount each month, try and pay more than the minimum due. This will help reduce finance charges and lessen the total interest you pay on the money you have borrowed
  • Pay bills on time in order to avoid late fees and protect your credit history
  • Be sure to check your monthly statements to verify if the charges are correct.

Test your borrowing limits with our simple debt to income ratio calculator to see if you’ve borrowed more than you should.

Common Borrowing Mistakes to Avoid

Many of us are guilty of engaging in practices that could eventually lead to unmanageable debt and poor financial standing. It’s a good idea to be wary of – and try your best to avoid – the following:

  • Using credit cards or other unsecured debt for everyday living expenses, which grows your unsecured debt over time
  • Making only minimum payments toward your outstanding debt. Interest will accumulate over time, meaning you will owe a larger amount
  • Falling behind on payments. You will incur a number of associated late fees
  • Paying more than 40% of your monthly take-home pay in debt payments
  • Having an unsecured debt-to-income ratio of more than 50% of your annual after tax income
  • Using alternative financial services, such as Payday Loans. These tend to have extremely high interest rates if you do not repay the loan within a short-period of time. It may be wiser to consider a longer term loan from a bank or other financial institution

We take on debt based on the assumption that we will be able to pay it back. We incur debts for cars, mortgages on houses, and other consumer items. They key is to borrow only what you can afford to repay. 

But sometimes, debt can become unmanageable, and there comes a point where we are not able to repay the money we’ve borrowed. To make ends meet we often turn to more credit as a solution and the debts accumulate over time, to the point where we have too much debt, much more than we can repay on our own. That’s where a bankruptcy or consumer proposal comes in. It provides a chance for the honest, but unfortunate debtor to find debt relief and get a fresh financial start. 

Why a Consumer Proposal May Be Your Best Option

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Most of us don’t want to consider going bankrupt if we can avoid it. Declaring bankruptcy can cause embarrassment, result in the seizure of your assets, and can actually be an expensive method of solving your debt issues. These are just a few of the reasons why Ontario residents are looking to other solutions to settle their debts.

The Consumer Proposal

This is where the Consumer Proposal comes in. A Consumer Proposal is a formal procedure that is governed by the Bankruptcy and Insolvency Act and is administered by a Licensed Insolvency Trustee. The act ensures that you are protected from legal actions by your creditors and means that your debt repayment follows a strict and monitored process. Your trustee will negotiate a settlement between you and your creditors, and you will typically make one monthly payment over a 5 year period.

A Consumer Proposal allows insolvent debtors to settle their debts for less than they actually owe, while avoiding bankruptcy. Your consumer proposal can deal with most of your unsecured debts, including credit cards, lines of credit, personal loans, payday loans, and income taxes.

Once you have made your final payment, your debts will be eliminated. Though you will be repaying more to your creditors than you would in a bankruptcy, these payments are spread out over a longer period of time.

In our recent look at debtors in Ontario, more than 60% of debtors filed a Consumer Proposal.

What are the Advantages?

First, filing a Consumer Proposal can be up to 85% less expensive than repaying your debts on your own. If you choose to continue making minimum monthly payments on your debts, or take out a debt consolidation loan, you will be paying back all of your debts in full, plus interest. In a Consumer Proposal, you will make one reasonable monthly payment and will pay only a portion of your overall debt.

Did you know that three out of four debtors who own a home choose to file a Consumer Proposal rather than declare bankruptcy? Another main advantage of Consumer Proposals when compared to bankruptcy is that you do not have to give up your assets like your home, second car, or investments to repay your creditors.

As well, recent changes to the Bankruptcy and Insolvency Act have increased the threshold to be eligible to file a Consumer Proposal, from $75,000 to $250,000 in unsecured debts allowed. More than ever, Canadians are looking to this option for a financial fresh start.

If you opt to declare bankruptcy, it can be costly. You may be required to make additional monthly payments, called surplus income payments. The more you earn at your job, the more you will pay monthly. When you declare bankruptcy, you will lose all tax refunds and credits that you are owed to your creditors as well. This is not the case in a Consumer Proposal.

Consumer Proposals are one of the best-kept secrets in debt relief. If you think this might be the right option for you, contact Hoyes, Michalos & Associates today.

Is a Consumer Proposal the same as Bankruptcy?

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I hear it all the time: why bother going through a five year consumer proposal when you can just go bankrupt and be done with it?
Twitter

I heard it again on Twitter two weeks ago when Richard Cooper of Total Debt Freedom (a debt settlement company) posted a tweet saying:

I’m getting tire of Trustees saying “the best way to avoid bankruptcy is with consumer proposals”  Its same thing guys, stop with the lies

I don’t think Mr. Cooper was directing his tweet specifically at me (since I have never made that statement), but I took the bait and tweeted back that a consumer proposal is not the same as bankruptcy, so perhaps it was time to shoot a video so we could each explain our position.  We wanted to include a mortgage broker in the discussion, so we picked a time, turned on our webcams and recorded our conversation on a Skype video call.

FULL DISCLOSURE: I have known Richard Cooper for a few years, but we are not associated in any way. He runs a debt settlement company; my firm does consumer proposals and bankruptcies, and in my view in virtually all cases a consumer proposal is a better option than a debt settlement. For a debt settlement to eliminate all debts all creditors must agree; a consumer proposal is binding on all creditors if over 50% of the dollar value agree.  CRA won’t accept debt settlements for less than the full amount owing, but they will accept consumer proposals for less than the full amount owing.  Debt settlements will rarely stop a wage garnishment or eliminate a judgment; consumer proposals do. But I digress.  My point: just because we appear in a video together does not mean that I endorse Mr. Cooper, or that he endorses me.  The third participant in the video was Elisseos Iriotakis, the Co-CEO of Safebridge Financial Group, a company specializing in mortgage centered financial planning.  I had never met or spoken to Mr. Iriotakis prior to the day we shot this video.

Our video conversation ran for just over 11 minutes:

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Here is my position: I agree that both a consumer proposal and a bankruptcy will have a negative impact on your credit.  I agree that most mortgage lenders require you to wait two years from the end of your proposal or bankruptcy before they will grant you a mortgage. From the point of view of the lender, it’s the two years that matters.  Whether it’s two years from the end of a bankruptcy or a proposal doesn’t matter.  That’s why Richard Cooper says that consumer proposals and bankruptcy are “the same”.

The impact on your credit report may be similar if you are applying for a mortgage, but the two procedures have very different implications.  Let me illustrate with an example:

Fred (not his real name) owes $15,000 to CRA for back taxes from when he was self-employed, and they are garnisheeing his wages at his new job where he is now an employee for $1,000 per month.  He also owes $35,000 on credit cards and other debts.  His goal is to get out of debt, and buy a house some day.  What should he do?

If a consumer proposal and a bankruptcy are identical, the answer would be “file bankruptcy and get it over with”.  Fortunately at Hoyes Michalos we don’t take a “one size fits all” approach.  We reviewed Fred’s situation and determined that a bankruptcy would cost him at least $16,000, calculated as follows:

  • based on his income, he would be required to make surplus income payments of $500 per month for 21 months = $10,500
  • he would lose his RESP worth $3,000
  • he would lose the $2,500 he contributed to his RRSP in the last year

Due to his surplus income his bankruptcy would be extended from 9 months to 21 months, and the cost could total $16,000 or more.  Why more?  Fred hopes to get a raise in a few months, and there is lots of overtime at the moment, so his surplus income could be even higher than calculated.

The solution?  Fred filed a consumer proposal, and the creditors accepted his offer of $300 per month for 60 months, or $18,000 in total.  Why would Fred offer $18,000 in a proposal when a bankruptcy may have only cost $16,000?  Many reasons:

  • With overtime or a raise, the bankruptcy would cost even more, because the payment is recalculated each month based on actual paystubs;
  • To pay $16,000 over a 21 month bankruptcy (if Fred wanted to keep his RESP and RRSP) would cost over $760 per month; the proposal payment of $300 per month was much more affordable if there was no overtime;
  • If overtime was available, Fred wanted to use the money to pay off his proposal faster; and
  • Fred knew he owed the money, and didn’t want to go bankrupt.

Sure enough, with the pressure of the garnishment and the other debts eliminated, after filing the proposal Fred was able to work a lot of overtime, and he managed to pay the proposal off in 18 months.  He was used to having $1,000 per month in garnishments taken from his paycheque, so with the garnishment stopped, and with the extra overtime, Fred was able to pay $1,000 per month and pay off the proposal in 18 months.

If Fred had gone bankrupt, he would have had to wait 21 months + 2 years before hoping to qualify for a mortgage.

By paying off the proposal early, Fred only had to wait 18 months + 2 years.  For Fred, the proposal was the correct option, and he was much happier having avoided bankruptcy.

Is a proposal the right choice for everyone?

No.  Fred had a good job, and was able to work overtime.  If he had lower income and no RESP or RRSP, the best option may have been a bankruptcy.  If buying a house was not a goal, the two year condition required by mortgage lenders is not an issue.  (A proposal is purged from your credit report three years after it is paid; Equifax purges a bankruptcy after six years, so in Fred’s case if he paid the proposal in two years the note is off his credit report in 5 years, which is much sooner than the almost 8 years in a bankruptcy.  This matters for all borrowing other than a mortgage).

Each situation is different.

In this video we discussed the case of someone who has debts today, and wants to buy a house in the future.  If you have debts and currently own a house, a consumer proposal is an excellent option, because you can keep your home.  Approximately one third of the people we help already own a home, so if you have some equity, but not enough to qualify to increase your mortgage, a consumer proposal is almost always a the best option.  It’s better than bankruptcy, and much better than debt settlement in most cases.

That was my point in the video: you are unique, so don’t assume that just because your friend picked Option A that Option A is right for you.

Which option is best for you?  Call us at 310-PLAN (no area code required) to set up a no charge, no obligation initial consultation, and we will explain all of your options so you can make an informed decision.

 

 

What to Do When Creditors Threaten Legal Action

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When you owe money, dealing with creditors and collection agencies can be a cumbersome and highly stressful affair. You want to stop the constant barrage of collection calls and letters reminding you that you have outstanding debt – as if you aren’t already aware – call that can negatively affect you both mentally and physically. And it gets even worse when creditors threaten legal action against you to reclaim the money.

So, what should you do if creditors are threatening legal action against you? Here are some options you should keep in mind. The most important first step is to make sure you know your rights and when you may need to seek creditor protection.

Your Rights as a Debtor

It could be the case that a collection agency – which often gets paid a commission for every dollar they collect – is using the threat of legal action as a scare tactic. Knowing the rules of the game as well as the rights you are entitled to as a debtor can help you better deal with creditors who threaten legal action. Keep the following in mind:

  • A creditor has to first go to court and obtain a judgement order. Once they do, as a judgement creditor, they can then pursue legal collection remedies including obtaining a wage garnishment or freezing your bank account.
  • Any threat to immediately garnish wages or seize your assets when a judgment order has not been obtained is illegal
  • A collector cannot call you and claim they are from a legal department if they are not. It is illegal for someone to give the impression that they are a lawyer when they are not

In some cases, collection agencies may use the threat of legal action as a tactic to try and pressure you into agreeing to pay, regardless of whether or not you have the financial means to do so. 

If you are sued, you should respond to the lawsuit. Pay attention to all due dates and court documents.  Failure to respond can mean that the court will automatically rule in favour of your creditor.

Getting Creditor Protection

If you owe the money, and cannot repay, you may need formal creditor protection. In Canada, this protection is provided through two options in the Bankruptcy & Insolvency Act: a consumer proposal and bankruptcy. Both options provide a legal stay of proceeding that stops further collection actions.

What to do when a Wage Garnishment has been obtained

In Ontario, failure to pay debts, taxes or child support can result in your creditors obtaining a wage garnishment in court. This is an order that forces your employer to send up to 50% of your wages to creditors to repay your debts. Not only is this embarrassing, but it can also be damaging to your reputation at work.

While it may be used as a scare tactic, if one of your creditors has actually obtained a wage garnishment, they are fully within their rights to have your wages garnished. If this is the case, you should try pursuing the following options to stop a wage garnishment:

  • Attempt to make a deal with the creditor: You have the option to call the creditor or their lawyer and offer to make a settlement. While you may be able to make alternate payment arrangements, this is unlikely because the creditor already tried to collect through letters, phone calls and collection agents, they have spent the legal fees associated with obtaining a garnishee summons and they can now receive money directly from your paycheque.
  • File a consumer proposal: A consumer proposal can stop wage garnishments that have been obtained against you for outstanding debt. However, it cannot stop garnishment spousal or child support
  • File for bankruptcy: A last resort option, personal bankruptcy will in most cases stop wage garnishments obtained by banks, credit card companies, collection agencies and so on. It will not stop garnishment for spousal or child support

When creditors threaten legal action against you for outstanding debt, Hoyes Michalos can help. Our team of experts can inform you of your options and give you the support you need to overcome your money problems. In most cases, we can notify your employer to stop a wage garnishment within a matter of hours after you have filed a consumer proposal.

Have you been threatened with legal action? Or are you currently being garnished? We give you options to get creditor protection and eliminate your debt. Contact us today for debt help.

Wage Garnishing: Know Your Rights

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If you’ve reached the point where you are ignoring calls or letters from collection agencies, in addition to the emotional effects of your debt, there can be legal ramifications of ignoring collection calls as well. If you don’t pay your debts, taxes or child support, your creditors can take your case to court to obtain a wage garnishment. This order can force your employer to send up to 20% of your wages to your creditors to repay your debts (50% for child support). For many people, this is embarrassing and often damages their reputation at work.

People often refer to this action as having their wages “garnished”, but the correct legal term is a garnishee or garnishment.

How wage garnishments work

In order to garnishee your wages in the Province of Ontario, your creditor must first sue you in court to obtain a judgement order validating that the debt is indeed yours and how much is owed.  Once they receive a judgement against you, your creditor can then obtain a garnishment order which they will send to your employer.

Once they receive a notice of garnishment, your employer is obligated to withhold funds under the garnishee until either the amount is paid in full, the creditor rescinds the order or you file a bankruptcy or proposal to stop the wage garnishment.

Who can garnish your wages in Canada?

Your salary can be garnished for any unpaid debt including tax debts, student debt, outstanding bill payments and bank loans.

Depending on the type of debt, certain creditors do not have to go to court to garnish your wages:

  • a Credit Union that you have given an assignment of wages to can simply provide a copy of your assignment to your payroll manager
  • a payday loan company where you have signed a voluntary wage assignment can notify your employer without obtaining a judgement order first
  • the Canada Revenue Agency can begin wage garnishing without obtaining a court order

What Ontario garnishment rules should I be aware of?

There are some specific Ontario garnishment rules that you should know if you receive notice that your wages will be garnisheed.

How much of my wages can be garnisheed?

According to the Ontario Wages Act, the maximum a creditor can garnishee is 20% of your pay and up to 50% for child support. The court will decide how much is taken from your paycheque based on your personal financial situation and other garnishments that may currently be in effect.

Can my employer fire me for a wage garnishment?

No, your employer cannot terminate you or demote you if they are given a garnishing order for your wages.

Can a collection agency garnish my wages?

Yes, a collection agency can sue you for an unpaid debt in Ontario in order to enforce collection of that debt. Like any creditor, they must first file a lawsuit to obtain a judgement order, then apply for a garnishment order.

Can payday loan company garnish my wages?

The answer is yes, however typically payday lenders instead rely on something called a voluntary payroll deduction form you signed when you borrowed the money. However a voluntary wage assignment is not the same as a legal garnishment order and here’s why:

If you signed a voluntary agreement to allow payroll deductions you have the right at any time to revoke your permission.  Further, you employer is not required to make the deductions (even if you want them too) if they don’t want to.

Can I stop a garnishment on my own?

The only way you can stop a wage garnishment on your own is to wait until your debt is paid off via the garnishee, or if your creditor agrees to stop it. However, if one of your creditors has gone through the effort of garnisheeing your wages, they are unlikely to halt the garnishment if you offer to repay your debt. This is because they usually only garnishee people who have a history of non-payment, or whom they believe will not pay for some reason.

How to stop a wage garnishment

Read Transcript

You’re in debt and one of your creditors is threatening to garnishee your wages or is already having money taken out of your pay. The good news is that it is possible to stop a wage garnishment. Before an employer can take money from your pay on behalf of a creditor, they must receive a legal garnishment order. To obtain a garnishment order, creditors must follow a legal process. Generally, they must first get a court order against you for the debt in question. Before the court grants an order, you can dispute the claim or pay your debt in full. In Ontario you have 21 days to do so if you don’t make a payment arrangement, or successfully dispute the claim, your creditor may be granted a court order, which would then allow them to apply for a garnishment order against your wages. Once your employer receives a garnishment notice, they are required by law to make deductions from your paycheck until the debt is paid in full, or they receive legal notice to stop. You can still stop a garnishment even after that point by filing a bankruptcy or consumer proposal, which will automatically protect you under the Bankruptcy and Insolvency Act from actions taken by most creditors. This will stop a wage garnishment even if you’re wages are already being garnisheed. A consumer proposal or bankruptcy in Canada must be filed by a Licensed Bankruptcy Trustee. Once it’s filed your Trustee will notify your employer immediately and the garnishment will stop. A consumer proposal or bankruptcy can stop a wage garnishment from a bank, credit card company, or a payday loan company. It even stops requirements to pay from the Canada Revenue Agency. To learn more about bankruptcy and consumer proposals and how they can help you stop a garnishment and eliminate your debt once and for all, contact one of our licensed professionals at Hoyes Michalos for a free consultation.

Close Transcript

How does bankruptcy help stop a wage garnishment?

A consumer proposal or bankruptcy can stop a garnishment order, even if your wages are already being garnished. The only exception is an order for unpaid child or spousal support.

A bankruptcy or consumer proposal are both a legal process that provide for a stay of proceedings which stops all creditor actions, including a wage garnishment.

Remember, the longer you wait to deal with your wage garnishment, the more money you will lose from each of your paycheques.

If you work with a consumer proposal and bankruptcy professional like Hoyes, Michalos & Associates, we can often have a court order sent to your employer to stop wage garnishment within a few hours.

If you’ve found yourself threatened with a wage garnishment, or are already being garnisheed, call or email us immediately to start talking about your options.

To stop a garnishment now, eliminate debt and get creditor protection contact us to book a free, no-obligation debt consultation.