the Upsolve Team
Upsolve is fortunate to have a remarkable team of bankruptcy attorneys, as well as finance and consumer rights professionals, as contributing writers to help us keep our content up to date, informative, and helpful to everyone.
Articles written by the Upsolve Team
Is It a Good Idea To Lease To Own a Car?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated October 2, 2023
A lease-to-own or rent-to-own program allows a borrower to make installment payments on a vehicle over the term of the lease. Once all the payments have been made (per the terms of the lease), the borrower assumes ownership of the vehicle. The dealer holds title to the car or truck in a lease-to-own agreement while the borrower (lessee) continues to make payments. These arrangements can particularly benefit borrowers who have bad credit, as these borrowers may not qualify for traditional leases. As these agreements tend to be expensive, it is important to understand the terms of any such contract before entering into one.
Read More →Removing a Judgment from Your Credit Report
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 29, 2023
Having a judgment on your credit report will lower your credit score, sometimes significantly. In some instances, though, you can get this negative information removed from your credit history. As with any item on your credit report, you have the right to dispute any judgment on your report that you feel has been made in error or has already been resolved. If a creditor has entered a judgment against you, here’s what you’ll need to do to get it removed from your credit report.
Read More →How Much Does Credit Repair Cost?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 29, 2023
While a credit repair service cannot do anything that you can’t do yourself, it may be more convenient for you to enlist their help. Just remember that the cost of credit repair varies depending on the borrower’s circumstances, what type of debt they have, and what blemishes they have on their credit report. Read more to learn how to repair your credit yourself, what the benefits might be of hiring a credit repair service, and how to find a reputable one if that is the route you end up taking.
Read More →Can I Lose My Tax Refund if I Default on Student Loans?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 29, 2023
Yes, unfortunately your tax refund can be taken (garnished) if you’ve defaulted on your federal student loan. Federal student loans are guaranteed by the U.S. government, and the government has power over tax refunds. Only federal student loan borrowers are subject to tax garnishments. Private student loan holders can have their wages or bank account garnished, but the private lender cannot garnish your tax refund and must take extra steps, such as going through the courts, to order a garnishment. In this article, we explain the student loan tax garnishment process and give you some tips on how to keep your tax refund money safe from garnishment.
Read More →California Repossession Law
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 29, 2023
California law permits cars to be repossessed after one late or missed loan payment. Cars may be repossessed after missed insurance payments as well. There is no legally required grace period, and the repossession company doesn’t have to give you notice that they are repossessing your car.
Read More →PACER Guide: How To Get Your Court Notices Without an Attorney
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 29, 2023
PACER stands for Public Access to Court Electronic Records. It’s a system to access case information, the docket, and the documents filed in a particular case electronically.
Read More →What Is a Judgment and What Do I Do About It?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 29, 2023
A judgment is a court order. If a creditor obtains a debt-related judgment against you, it allows them to recover the debt. Consumer and personal debt from medical bills, car loans, credit cards, back rent, student loans, IRS debt, child support, and other overdue financial obligations can result in a judgments if you get sued for the debt and the creditor wins the lawsuit. These judgments can be structured as a monetary judgment or a judgment lien against property. Filing for bankruptcy can help you prevent, pause, or even stop, certain judgments, including wage garnishments and bank account levies.
Read More →When Will a Debt Collector Sue for Unpaid Debt?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 25, 2023
Though there's no standard timeline, you may be most at risk of a debt collection lawsuit after six months of not paying your debt. If you stop making timely payments on a debt, your creditor will first attempt to collect it by sending you notices of nonpayment. This may go on for several weeks before collection attempts intensify. Eventually, the creditor may charge off the debt to a third-party collection agency. If the debt collector can’t successfully collect the debt, you may be at risk of a lawsuit.
Read More →Debt Lawyers: Who Are They & What Do They Do?
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 21, 2023
As a consumer, you have certain legal rights and protections. These rights extend to your interactions with debt collectors and collection agencies. If you’re being harassed by a debt collector, you can hire a debt lawyer to help you understand and defend your rights. These attorneys can also help defend you against debt collection lawsuits. If you just need help figuring out what to do about overwhelming debt, a debt settlement lawyer can explain your debt relief options and help you pursue them successfully.
Read More →How To Dispute a Debt You Don’t Owe
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 21, 2023
If you’re contacted about a debt you don’t owe, you’ll want to dispute it with the creditor or debt collector. Often these consumer debts are also incorrectly reported to the three major credit bureaus, so you’ll want to check your credit report, too. You can also send a dispute letter to the credit bureaus asking them to remove incorrect information. Here are the four basic steps to dispute a debt you don’t owe: - Ensure the debt collector has validated the debt. - Send a dispute letter (or the tear-off portion of the debt validation letter, which allows you to easily start the dispute process). - Check your credit report and send a credit dispute letter or notices of dispute to any reporting agency with inaccurate information. - Follow up if/as needed until the matter is resolved.
Read More →What To Do if a Debt Collector Is Calling You at Work
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 19, 2023
Debt collectors can call you at work unless and until you tell them to stop calling. Under federal law, debt collectors and creditors are prohibited from contacting borrowers at work once they have reason to know that a borrower's employer doesn't permit these kinds of calls. The law does allow for other collection tactics, so it is important to know your rights concerning debt collection communications.
Read More →Stop Debt Collectors With a Cease and Desist Letter (+ Template)
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 19, 2023
A cease and desist letter is a formal written request that you send a debt collector telling them to stop contacting you about a debt. Once the debt collector receives a cease and desist letter, they must stop further contact save for one final call to tell you what actions they intend to take. While sending a cease and desist letter is a good way to stop debt collectors from harassing you, it doesn’t make your debt disappear. If the debt is valid, the debt collector may choose to take legal action to recover the debt.
Read More →Consequences of Not Paying Student Loans: Explained
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 12, 2023
Federal student loan payments are set to resume in October 2023. If you can’t make your student loan payments your credit score, employment opportunities, and emotional well-being can all be affected. This article explains the consequences you may face if you don’t make your student loan payments and proposes some strategies to deal with student loan debt when you can’t make your monthly payment.
Read More →Is an Income-Contingent Repayment Plan Right for You?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 12, 2023
The Income-Contingent Repayment (ICR) Plan is one of four income-driven repayment options for federal student loans. It’s the only one of these four options that parent PLUS borrowers can utilize, which is one of the main upsides, if you have that kind of loan. The ICR has the longest repayment period of any income-driven plan at 25 years. This allows for lower monthly payments for borrowers but, the total amount paid over the loan's lifespan, including interest, is generally higher compared to other plans.
Read More →What’s the Best Student Loan Repayment Plan for Me?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 11, 2023
The best student loan repayment plan is the one that works for you, your goals, and your financial situation. To figure out your best option, do your research and consider the pros and cons of each plan. (Hint: Consider whether the monthly payment will be affordable and also how much interest you’ll pay over the life of the loan.) Then sign up for the plan that makes the most sense for you. The good news is that the federal government provides a lot of flexibility to borrowers, and you can change your repayment plan anytime. There are four types of federal student loan repayment plans. Most borrowers stick with the 10-year Standard Repayment Plan or choose an income-driven repayment plan. Though they are less common, Graduated Repayment Plans or Extended Repayment Plans offer a smart option for some borrowers.
Read More →4 Income-Based Repayment Options for Federal Student Loans
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 11, 2023
There are four different income-driven repayment plans for student loan borrowers that received federal student aid. The IBR Plan, the SAVE Plan ( formerly the REPAYE Plan), the PAYE Plan, and the ICR Plan. They each have different eligibility requirements and potential benefits compared to the standard repayment plan.
Read More →Want To Get Rid of Student Loans? Try These 6 Ideas
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 8, 2023
If you feel like you’re drowning in student loan debt and need help managing or getting rid of it, you’re in luck. In this article, we rounded up six potential options to deal with overwhelming student loan debt, including loan forgiveness programs, loan discharge programs, loan settlement options, repayment plans, refinancing options, and bankruptcy.
Read More →Can You Get Student Loan Forgiveness if You Drop Out?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 7, 2023
Most people go to college with hopes of getting a degree and creating a good life for themselves. Unfortunately, unforeseen hardships — often financial — lead many students to drop out before they finish their degree. If that’s you, know that you have options to deal with your student loan debt! You may still qualify for student loan forgiveness programs like Public Service Loan Forgiveness (PSLF), or loan forgiveness after paying on an income-based repayment plan. If you need a temporary repayment pause while you find work or figure out your next steps, you can apply for forbearance or deferment.
Read More →8 Effective Strategies To Lower Your Student Loan Payments
Written by the Upsolve Team.
Updated September 6, 2023
If you’re worried about how you’re going to make your student loan payment once the repayment pause ends this summer, it’s good you’re planning ahead and doing some research! You have many options to lower your student loan payment, including: 1. Signing up for an income-driven, graduated, or extended repayment plan 2. Enrolling in autopay 3. Refinancing or consolidating your student loans 4. Applying for deferment or forbearance 5. Requesting a temporary payment decrease or deferral (if you have a private student loan)
Read More →10 Options if You Can’t Make Your Student Loan Payments
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 6, 2023
If your student loans are coming due and you can’t afford the payments, don’t panic. This article explores 10 strategies to help: 1. Apply for an income-driven repayment plan. 2. Refinance your loans. 3. Seek financial counseling. 4. Increase your income and/or lower expenses. 5. Consolidate your loans. 6. Set up automatic payments. 7. Request student loan deferment. 8. Apply for student loan forbearance. 9. Negotiate with your lender. 10. File bankruptcy to erase student loans for good.
Read More →Why Do I Keep Getting Calls About Student Loans?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 6, 2023
If you’re a student loan borrower, you’re probably used to receiving phone calls, letters, emails, and text messages about your student loan debt. While some of these are legitimate messages from federal loan servicers, many are scams. If you're getting calls about student loans and you don't have any loans, that's a good sign it's a scam. Below, we go into detail on how to spot/prevent a scam. Bottom line? If it seems too good to be true, it's most likely a scam.
Read More →Where Do I Find Out How Much I Owe in Student Loans?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 1, 2023
If you want to go back to school, finance a house, manage your debt, or file for bankruptcy, you’ll want to find out how much you owe in student loans. It might feel like you need a degree in finance to keep track of your financial aid, but we’re here to help! Below, we detail how to figure out your federal and private student loan balance, how to manage your student loan debt, and what to do if you cannot stay on top of your student loans.
Read More →Guide to Extended Repayment Plans & Managing Student Loans
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 1, 2023
An Extended Repayment Plan is a student loan repayment plan that allows borrowers to lower their monthly payment amount by stretching repayment over 25 years. To qualify, you must have Direct Loans or Federal Family Education Loans (FFEL), and your loan balance must be at least $30,000. You can choose from fixed payments or graduated payments in an Extended Repayment Plan. You will not be eligible for Public Service Loan Forgiveness (PSLF) if you enroll in an extended plan.
Read More →Student Loan Forgiveness Programs for Nurses
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 1, 2023
Becoming a nurse takes dedication and lots of education, which means it’s likely you have at least some student loan debt. Luckily there are several specialized student loan forgiveness programs to help nurses erase their student debt. The most popular and well-known forgiveness program is the Public Service Loan Forgiveness Program (PSLF), where borrowers pay an income-based monthly payment for 10 years and then have their remaining debt forgiven. But there are other forgiveness programs as well, including the Federal Perkins Loan program, the Nurse Corps Loan Repayment Program, the National Health Service Corps (NHSC) Program, the NHSC Rural Community Program, the National Institute of Health Program, and more. Below we detail the different student loan forgiveness options as well as the qualifications for each specific program. Take a look!
Read More →What Is a Time-Barred Debt?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 30, 2023
A time-barred debt is one where the creditor has missed the deadline to legally bring a claim against you in court. Unfortunately, debt collectors may still try to contact you about old debts that are time-barred by the statute of limitations. But there are ways to deal with these debt collectors. Read this article to learn more about how to tell if your debt is covered by a statute of limitations and what to do if you’re contacted by a creditor that is trying to collect a time-barred debt.
Read More →Can You Remove Collection Accounts From Your Credit Report?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 30, 2023
If you have a debt sent to collections, it will be recorded on your credit report and hurt your credit score. Sometimes collections accounts are incorrectly reported or reported on old debt. If there are errors regarding collections accounts on your credit report, you have the legal right to dispute them and have them removed. This shouldn't cost you anything. You can also write a goodwill letter to ask the creditor or collection agency to remove the collections account from your report. This isn’t guaranteed to work, but it won’t hurt to ask. If the information about the collections account is correct and current, you can’t have it removed from your credit report. Be aware that so-called credit repair companies that offer to clean up your credit report for a fee may be a scam.
Read More →Student Loan Forgiveness for Healthcare Workers: The Ultimate Guide
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 29, 2023
There are many programs designed specifically for healthcare workers to receive student loan forgiveness. Most serve specific types of healthcare workers and have other requirements around the length of time you work in healthcare and where you work. Consider each of these factors as you look at your options. If you’re struggling to pay your loans, you can also consider applying for a loan deferment or forbearance or switching to an income-driven repayment plan to help make your monthly payments more manageable.
Read More →What Is the Standard Repayment Plan for Student Loans?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 29, 2023
Standard repayment plans are available thanks to several different repayment option choices. These plans include extended, graduated, income-contingent, and income-based. All of these options provide borrowers with the ability to lower their monthly payments or extend the term of their loan thereby keeping their payments low.
Read More →5 Solid Steps for Negotiating With Debt Collectors
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 25, 2023
If your debt has been turned over to a debt collection agency, negotiating with that debt collector may seem intimidating. But in many cases, negotiating with creditors or lenders isn’t as hard as you may think. To successfully negotiate a debt settlement agreement: - Verify the debt and debt collector - Know your rights - Review your finances and develop a plan - Start negotiating the settlement and be prepared for counteroffers - Get the agreement in writing
Read More →Yes, Your Paycheck Can Be Garnished if You Don’t Pay Your Student Loans
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 23, 2023
If you fall behind on your student loan payments, the lender may garnish your wages. This means that a portion of your paycheck will be withheld by your employer and sent directly to your loan servicer to repay your debt. Wage garnishment can have a significant impact on your finances and make it difficult to meet your basic living expenses. However, you have options available to avoid default and wage garnishment, such as loan consolidation, income-driven repayment plans, and loan rehabilitation. It's important to understand your rights and options when it comes to repaying your student loans to avoid wage garnishment and other negative consequences.
Read More →If I Go To Grad School, Can I Defer My Student Loans?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 22, 2023
In many cases, you can defer your undergraduate student loans if you go to grad school. When you defer a loan, you aren’t responsible for making the monthly payments for a period of time. Interest on the loan may continue to accrue though.
Read More →The Complete Guide To Disputing Student Loans on Your Credit Report
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 22, 2023
Some student loan borrowers find errors on their credit report. So, it’s a good idea to get in the habit of checking your credit report from each of the big three credit reporting agencies — Equifax, Experian, and TransUnion — at least once a year. Luckily, you can get your credit report for free, without impacting your credit score. You also have the right to dispute inaccurate information on your credit report and have it removed. Let’s review what to check for and how to deal with inaccuracies.
Read More →What Is the Statute of Limitations for Debt?
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 17, 2023
Statutes of limitations are state laws that limit the time a debt collector has to bring a lawsuit. After the statute of limitations has passed, debt collectors can still sue you, but the statute of limitations is a strong defense in a debt collection lawsuit. The length of these laws can vary tremendously by state and by the type of contract you made for the debt (oral, written, etc.).
Read More →Private Student Loans and Wage Garnishment
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 16, 2023
Defaulting on the payment of your private student loans can negatively affect your credit score and result in other undesirable consequences. One is wage garnishment. A private student loan lender can even levy or take money from your bank account. Thankfully, there are solutions that can help you avoid these challenges and even provide debt relief.
Read More →Student Loan Garnishments And Hardship
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 16, 2023
If you default on your student loans, you risk having your wages, taxes, and Social Security benefits garnished. Your credit score will also suffer. To avoid a student loan wage garnishment, or to reduce the amount that will be garnished, you need to take action. You can do this even after you’ve defaulted on your student loan. In this article, we’ll help you learn how to manage student loan wage garnishments, so you can avoid adding to your financial troubles.
Read More →Who Can Garnish My Wages?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 16, 2023
Many types of creditors have the right to file a complaint in court for unpaid debt. Wage garnishment laws give creditors the ability to withhold money from your paycheck, but not all creditors are required to go to court before they can garnish your wages. This article will explain what wage garnishment is, who can garnish your wages, and how bankruptcy can help stop wage garnishment.
Read More →What Are Disposable Earnings?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 11, 2023
Did you know that creditors have the right to seek a garnishment order against you if you fail to repay your debt? This article will give you an overview of what income may be garnished under the law and how to avoid and/or stop garnishment actions by filing a Chapter 7 bankruptcy case.
Read More →Rebuilding Credit After Bankruptcy (A Guide)
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 11, 2023
A bankruptcy does not destroy your credit forever. Instead, following some simple tricks and taking advantage of the various credit repair tools can help you build a stronger credit report and higher credit score after filing for bankruptcy.
Read More →Rebuilding Credit After Bankruptcy (A Guide)
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 11, 2023
A bankruptcy does not destroy your credit forever. Instead, following some simple tricks and taking advantage of the various credit repair tools can help you build a stronger credit report and higher credit score after filing for bankruptcy.
Read More →Bankruptcy Basics: What Is Bankruptcy & How Do I File?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 10, 2023
In a nutshell, a bankruptcy case is a legal course of action that puts your debt behind you so you can get a fresh start. This article will give you a short explainer on bankruptcy basics, including what types of cases you can file, how to file bankruptcy, and what to expect from the bankruptcy process.
Read More →What Is Bankruptcy?
Written by Attorney Andrea Wimmer.
Updated August 10, 2023
Bankruptcy is a legal tool to obtain debt relief and get a fresh start. Chapter 7 and Chapter 13 bankruptcy are the most common types. This article explores consumer bankruptcy basics, the different types of bankruptcy, and the bankruptcy process overall.
Read More →What Is My Bankruptcy Discharge Date?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
The ultimate goal of bankruptcy is to get a discharge order, which wipes out debts like credit cards and medical bills. Along with your bankruptcy case number, keep your discharge date handy in case you’re contacted about a debt that was discharged.
Read More →How Much Debt Do I Need To File for Chapter 7 Bankruptcy?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
Bankruptcy laws don't specify a minimum debt requirement to file Chapter 7 bankruptcy. As long as you qualify to file and meet all the requirements, you can file Chapter 7 and have your dischargeable debts wiped away.
Read More →How to Pay Off Credit Card Debt When You Have No Money
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
There are a number of strategies to put in place when you find yourself in credit card debt. Common advice includes tightening your budget, prioritizing your highest-interest accounts and negotiating with creditors. But those strategies only work if you actually have some money to put toward paying down your credit card debt. What are you supposed to do if you truly have little to no money to put toward your debt?
Read More →Discharge vs. Dismissal: What's the Difference?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
When filing bankruptcy for the first time, many people get confused about the different terms lawyers and courts use. Two words that frequently confuse first-time filers are “dismissed” and “discharged.” This article explains each term, what the differences are, and when lawyers and the court are most likely to use them when referring to your case.
Read More →What Does a Bankruptcy Discharge Do?
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 9, 2023
A bankruptcy discharge is a court order that wipes out certain debts like credit card debts and medical bills. Once you receive a discharge, you're no longer legally obligated to repay the debts that were discharged. Some debts, like those that are secured by collateral, can only be discharged if you give up the collateral. In Chapter 7 cases, dischargeable debts will be eliminated in a matter of months. In Chapter 13 cases, the filers must complete their 3-5 year payment plan before their dischargeable debts are eliminated.
Read More →What Does a Bankruptcy Discharge Do?
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 9, 2023
A bankruptcy discharge is a court order that wipes out certain debts like credit card debts and medical bills. Once you receive a discharge, you're no longer legally obligated to repay the debts that were discharged. Some debts, like those that are secured by collateral, can only be discharged if you give up the collateral. In Chapter 7 cases, dischargeable debts will be eliminated in a matter of months. In Chapter 13 cases, the filers must complete their 3-5 year payment plan before their dischargeable debts are eliminated.
Read More →How To Dispute or Reduce Expensive Medical Bills
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
Even if you have health insurance, deductibles, copays, and non-covered services can add up quickly. Without health insurance, medical bills become unmanageable fast. Some people don’t realize you can negotiate medical bills. Also, billing mistakes can lead to overcharges. Here are some tips for dealing with expensive medical bills: - Compare your itemized bill to your insurer’s explanation of benefits - Ensure you were charged for the correct services and dispute errors - If your insurer denies a claim for services that should be covered, appeal the decision - Ask for financial assistance from the provider and explore community resources - Negotiate your medical bills by offering payment - Know your rights around surprise medical bills - Don’t use credit cards to pay medical bills (to avoid mounting interest/fees and consequences to your credit)
Read More →How To Deal With Debt Collectors (When You Can’t Pay)
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
If you’re being contacted by debt collectors for a debt you simply can’t repay, it’s important to know your rights to protect yourself from harassment and validate the debt. Once you know the debt is valid, look into your debt relief options. Getting a free consultation with a nonprofit credit counselor can help you understand your options and make a plan to deal with your debt.
Read More →How To Stop Collection Calls: A Comprehensive Guide
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
If you have debt you’re struggling to manage, you don’t need the added stress of irritating collection calls. Keep reading to learn how you can stop debt collection calls from interrupting your life.
Read More →Does Bankruptcy Clear Judgments?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023
When a creditor or debt collector gets a judgment against you, it's dischargeable as long as the original debt was dischargeable. The question becomes a bit more complicated if the creditor gets a judgment lien on your property. Here’s how it works.
Read More →Can I File Bankruptcy Even Though I’m Unemployed?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023
If you’re unemployed and your only source of income is unemployment benefits, you can still file Chapter 7 bankruptcy. To file Chapter 13 bankruptcy, you need a steady source of income, and unemployment benefits aren’t likely enough to cover the requirements for Chapter 13. While it’s possible and common for people to file Chapter 7 while unemployed, you’ll want to consider the timing of your case.
Read More →Should You Surrender an Unwanted Car in Bankruptcy?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023
If you’re financing a car with a car loan, you’ll need to decide how to deal with it when you file bankruptcy. If the payments are too high or you simply want to get rid of the car and the loan, you can surrender the vehicle back to the lender and have the debt discharged as part of your bankruptcy case. Often, the lender will pick up the car or schedule a mutually agreeable place to meet. If they don’t, you may need to seek legal help.
Read More →What are Priority Unsecured Debts?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023
We usually hear debts divided into two categories: secured and unsecured. A debt is secured if the lender has a security interest in some property and can take that property if you don’t pay. But, in bankruptcy, there are other important distinctions. Some unsecured debts get special treatment. In this article, we’ll explain the different types of unsecured debt, and what it means when a debt has priority.
Read More →How A Personal Bankruptcy Lawyer Can Help You Erase Debt
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023
A personal bankruptcy lawyer can help you erase debts or you may choose to file bankruptcy on your own. Depending on the complexity of your situation and the type of bankruptcy you file, hiring a personal bankruptcy lawyer can be a great investment.
Read More →Bankruptcy for Senior Citizens
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023
Filing any bankruptcy can be a complicated process but filing bankruptcy as a senior citizen can be especially challenging. This article will discuss when bankruptcy may be right for seniors, the types of bankruptcy and debt relief alternatives to filing for bankruptcy.
Read More →What Does Bankruptcy Mean?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023
Bankruptcy is one of those words that everyone’s heard but many don’t really know what it means. Especially with so many high profile bankruptcies in the news these days, it can be hard to figure how bankruptcy can actually help a regular consumer. Let’s take a look at what bankruptcy means and how the different types of bankruptcy enable you to take back charge of your finances.
Read More →Is Filing for Bankruptcy Worth It?
Written by the Upsolve Team.
Updated August 8, 2023
Filing bankruptcy gives you immediate protection from your creditors and a financial fresh start by wiping out certain debts like credit card debt, payday loans, and medical debt. If your wages are being garnished or credit card companies and payday lenders are harassing you to collect payments you can't afford to pay, filing bankruptcy may be the best way to get permanent relief. But if most of your debts are non-dischargeable, filing bankruptcy may not be worth it.
Read More →Can a Repo Man Enter a Locked Gate?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 3, 2023
If you've fallen behind on your car payments, you've probably started getting phone calls from the bank about a repossession. The good news is, the repo man can't legally enter a locked gate or garage without your permission. But, a repo agent may legally enter your yard, driveway, or other private property if nothing is blocking their access. Keep reading to learn more.
Read More →Repossession: The Basics
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 3, 2023
Repossession is when a lender takes back property that was used as collateral for a loan. If you’re behind on your car loan payments, you could suddenly lose your car, boat, appliances, or furniture without warning through repossession. On top of that, having a repossession on your credit report will hurt your credit score. Read this article to learn more about the repossession process and how you can get back on track.
Read More →How To Pay Off Collections: A Complete Guide
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2023
Here's how to pay off a debt in collections: Step 1: Know Your Rights Step 2: Respond to the Debt Collector or Collection Agency Step 3: Verify the Debt Step 4: Check the Statute of Limitations in Your State Step 5: Review Your Budget & Make a Payment Strategy Step 6: Get Your Agreement in Writing Step 7: Check Your Credit Report If you're struggling to repay several debts, it may be time to look into Chapter 7 bankruptcy. Filing Chapter 7 stops all collections activities (thanks to the automatic stay) and can erase most types of consumer debt.
Read More →Bankruptcy Issues Same-Sex Couples Face
Written by the Upsolve Team.
Updated August 1, 2023
So long as a couple is legally married, they can file bankruptcy together. And same-sex married couples who file bankruptcy are treated just like heterosexual married couples. They have the same right to file bankruptcy jointly and the same responsibility to list their spouse’s income and any community property in their bankruptcy forms.
Read More →How Can Bankruptcy Help You With Foreclosure?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2023
Filing for bankruptcy will stop foreclosure proceedings temporarily due to the benefits of the automatic stay. A Chapter 13 bankruptcy may allow you to keep your home by allowing you to make up your past-due payments via a 3-5 year repayment plan.
Read More →How Does Debt Settlement Affect Your Credit Score?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2023
Debt settlement allows you to pay off a debt for less than the total you owe, but it can lower your credit score. If you compare the permanent benefits of getting rid of a debt burden against the temporary negative aspects of a lower credit score, you might find that debt settlement is a good option for you. If you’re interested in settling your debt, keep reading to learn how debt settlement affects your credit score and whether debt settlement or a different debt relief option is the best for you.
Read More →Your Credit Score Is Not Ruined Forever After a Bankruptcy Filing
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2023
Bankruptcy is a useful debt relief tool. It can give you a fresh start when unpaid debt becomes unmanageable. Sadly, many people attach a stigma to filing bankruptcy and fail to see its advantages and benefits. Instead, they focus on the notion that bankruptcy will forever ruin their credit. But this is just one of the many myths of bankruptcy. It often causes people to put off filing, which only delays bankruptcy’s benefits. While your credit score is affected by bankruptcy in the short term, we’ll discuss how your credit score is not permanently ruined by filing bankruptcy.
Read More →Should I Pay the Debt Collector or the Original Creditor?
Written by the Upsolve Team.
Updated August 1, 2023
If you’re able to do so, pay the original creditor before your debt goes to collections. Having a debt sent to collections will damage your credit score and may limit your options for repayment. In most cases, the original creditor will offer better repayment options than a debt collector will. However, if your debt has been sold to a debt buyer and the original creditor no longer owns it, you’ll need to pay the collection agency to clear up the debt.
Read More →How It Started… One Upsolver’s Quest To Discharge Her Student Loans
Written by the Upsolve Team.
Updated August 1, 2023
One Upsolver who is actively in the process of seeking a discharge of her student loans has shared parts of her journey with us. While her incredibly detailed outline will soon be turned into a guide of sorts, we thought it might be helpful to give others an idea of where she started.
Read More →The Complete Guide To Refinancing Student Loans
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023
When you refinance your student loans, you take out a new loan and use it to pay off your existing student loans. There are pros and cons to refinancing: The biggest pro is that you may get a lower interest rate or be able to reduce the amount of your monthly payments. Reducing your interest rate means you pay less over the long run. Lowering your payments each month can help you stay on top of your debt if you’re struggling. If you have federal loans, the biggest drawback to refinancing is that you’ll lose certain benefits like access to student loan forgiveness and economic hardship programs. Regardless of the type of loans you have, you’ll need a good credit score (or a co-signer with a good score) to get approved for a student loan refinance and get a good interest rate.
Read More →Student Loan Rehabilitation: How To Get Out of Default
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023
Student loan rehabilitation is one way to get your federal student loans out of default status. If you’re currently trying to get student loan relief but aren’t eligible for any programs because you’re in default, student loan rehabilitation may be exactly what you need for your fresh start. To get your student loans rehabilitated and out of default, you need to contact your loan servicer, create a payment plan, complete the required paperwork, and make a certain number of monthly payments.
Read More →Debt Relief: What Are the Options & How Do They Work?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023
If you have debts that you’re unable to pay, there are several options that can help you to get back on your feet. These options range from filing bankruptcy to creating some sort of payment plan that prevents debts from charging off or having creditors sue you and garnish your wages. Here we will look at some avenues to help you manage your debt.
Read More →IRS Wage Garnishment Procedures
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023
If you owe the IRS unpaid taxes, they might collect on the debt by putting a garnish on your wages and collecting their money directly from your paycheck. Learn about the rules they must follow when garnishing wages, including how much of your income is exempt from garnishment and how much notice they are required to give you. Also, find out what you can do to stop a wage garnishment that's already in place.
Read More →Foreclosures & Eviction Protections Under The CARES Act
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023
As Americans struggle to cope with the financial uncertainty caused by the Covid-19 pandemic, the United States Congress has passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Among other things, the CARES Act protects borrowers of federally backed mortgage loans from foreclosure. This article will discuss the foreclosure protections, moratorium on evictions, and other mortgage relief implemented by the CARES Act.
Read More →What To Do if the Trustee Says You Owe Money to the Estate
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated July 28, 2023
If you own property that's not protected, or not fully protected, by exemptions, you may owe money to your bankruptcy estate. You can either pay the money into the estate and keep the property or asset, or you can surrender the property, keep the exempted amount, and not have to pay into the estate.
Read More →Bankruptcy and the Homestead Exemption
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 27, 2023
Bankruptcy exemptions play an important role in Chapter 7 cases, and the homestead exemption may be the most important of all. It’s the homestead exemption that makes it possible for many people to wipe out unsecured debt in Chapter 7 bankruptcy without losing their homes. In this article, you’ll learn how the homestead exemption may protect your house in bankruptcy. We’ll also touch on some of the limitations of the homestead exemption. And, we’ll discuss alternatives for people who aren’t fully protected by their state’s exemptions.
Read More →What Is the 341 Meeting of Creditors?
Written by the Upsolve Team. Legally reviewed by Lawyer John Coble
Updated July 27, 2023
The 341 meeting of creditors is a required meeting between a bankruptcy filer, the bankruptcy trustee, and sometimes creditors. It's an informal hearing held in a meeting room, not a courtroom. No judge is present. The main purpose of the meeting is for the trustee to verify the bankruptcy filer's identity and the information in their bankruptcy forms. Creditors can also attend and ask questions, but this isn't common in Chapter 7 cases.
Read More →Chapter 7 vs. Chapter 13 Bankruptcy: What’s the Difference?
Written by Attorney Andrea Wimmer.
Updated July 27, 2023
Chapter 7 and Chapter 13 bankruptcy are the two most common types of personal bankruptcy filings. Chapter 7 bankruptcy can wipe out unsecured debts like credit card debt and medical bills in just 3-4 months. Though the filing can stay on your credit report for 10 years. You must pass a means test and meet certain criteria to qualify for Chapter 7. Chapter 13 takes longer — usually 3-5 years — because filers are on a repayment plan. After the plan is up, any remaining unsecured debt is discharged. Chapter 7 can stay on your credit report for up to 7 years. Some filers choose Chapter 13 because they don’t qualify for Chapter 7 or because they own certain assets they want to protect. Even though there are differences between Chapter 7 and Chapter 13 bankruptcy, each one grants the filer a fresh financial start in the form of a bankruptcy discharge — a court order that relieves you of your debt and bans creditors from trying to collect from you on this debt.
Read More →What You Need To Know About Divorce and Bankruptcy
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated July 26, 2023
If you and your spouse get along, you can file Chapter 7 together before you get divorced. Doing so means you'll benefit from larger exemptions and you can wipe out marital debt to ease the divorce process. If you don't get along well, you may want to get divorced first and file your case individually later. Once you file your bankruptcy case, the automatic stay goes into effect, which will delay your divorce proceeding.
Read More →Pros & Cons of Debt Settlement
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 26, 2023
There are pros and cons to most financial decisions. And debt settlement is no exception. Debt settlement helps you pay off old debt, but it can also hurt your credit score. You need a good credit score to get a credit card, auto loan, mortgage, and sometimes even a job. How are you supposed to get ahead if paying off your debt sets you further behind? In this article, we’ll take a closer look at the pros and cons of debt settlement, so you can decide what’s best for you.
Read More →Should I Take A Bailout Loan To Stop Foreclosure?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 25, 2023
A foreclosure bailout loan might look like the perfect solution at a glance, but it has downsides, too. Bailout loans, also known as hard money loans, tend to have high interest rates. They may also require the borrower to refinance again within a few years. If you’re considering a bailout loan to stop foreclosure, make sure that you understand your options and their potential impacts on you, your finances, and your family.
Read More →Can Bankruptcy Help Me Get My Car Back After Repossession?
Written by the Upsolve Team.
Updated July 25, 2023
If your car was repossessed, filing bankruptcy may help you get it back, but you need to act fast. If the lender has already sold your vehicle at auction, you won't be able to get it back. Even if you can use bankruptcy to help you get your car back, you'll want to carefully weigh your options. If you can't afford to keep making your monthly car payment, it may not make sense to file bankruptcy just to get your car back because you can end up in the same situation again.
Read More →3 Things Everyone Should Know About Small Claims Court and Wage Garnishment
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 25, 2023
Debt collection lawsuits for small amounts are usually brought in a special court, called the small claims court. The procedures are simple and costs kept to a minimum. Even though this is a simplified process, a judgment from a small claims court carries the same weight as a judgment from any other court.
Read More →Navigating Bankruptcy: Understanding Which Debts Can't Be Discharged
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 20, 2023
Though bankruptcy provides real debt relief for folks who are struggling to make ends meet, not every debt is treated equally under bankruptcy law. Bankruptcy is a great way to get rid of credit card debt, medical bills, and personal and payday loans. But bankruptcy can’t wipe out recent income tax you owe, alimony, child support, or debt incurred from illegal acts (embezzlement, larceny, etc.) Though there’s a common misconception that student loan debt can’t be erased in bankruptcy, you can discharge, or wipe out, your student loan debt in Chapter 7 or Chapter 13 bankruptcy. You must prove that repaying it is causing undue hardship and that you’ve made good faith efforts to pay in the past.
Read More →Navigating Bankruptcy: Understanding Which Debts Can't Be Discharged
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 20, 2023
Though bankruptcy provides real debt relief for folks who are struggling to make ends meet, not every debt is treated equally under bankruptcy law. Bankruptcy is a great way to get rid of credit card debt, medical bills, and personal and payday loans. But bankruptcy can’t wipe out recent income tax you owe, alimony, child support, or debt incurred from illegal acts (embezzlement, larceny, etc.) Though there’s a common misconception that student loan debt can’t be erased in bankruptcy, you can discharge, or wipe out, your student loan debt in Chapter 7 or Chapter 13 bankruptcy. You must prove that repaying it is causing undue hardship and that you’ve made good faith efforts to pay in the past.
Read More →Is Filing for Bankruptcy Bad?
Written by the Upsolve Team. Legally reviewed by Lawyer John Coble
Updated July 14, 2023
Bankruptcy has gotten a negative reputation over the years. But there are many benefits to filing for bankruptcy that don't get as much attention as the drawbacks. Depending on your situation, filing bankruptcy can sometimes be the best course of action.
Read More →What Debt Collectors Can, and Can’t, Do To Collect a Debt
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 7, 2023
The debt collection process can be confusing. You probably have many questions about what a debt collector can and can’t do. Luckily, there are debt collection laws designed to protect you from deceptive practices and misleading representations. This article will outline what debt collectors can and can’t do and teach you how to protect your rights.
Read More →Are Credit Repair Companies a Bad Idea?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 7, 2023
If a credit card repair company is telling you that your debt can be wiped out and you can start over with a new identity, stop listening. These types of credit repair company scams steal Social Security numbers and account information. That doesn’t mean the credit repair industry doesn’t have any legitimate credit repair agencies. They’re just hard to find.
Read More →The Florida Consumer Collection Practices Act
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 7, 2023
In Florida, you have even more protections from unfair collection practices than you would in other states. The Florida Consumer Collection Practices Act (FCCPA) works with the federal Fair Debt Collection Practices Act to help limit phone calls, threatening letters, and other types of unfair actions from collection agencies and other types of debt collectors. It protects Florida consumers and gives them the right to sue debt collectors that have violated the FCCPA. Keep reading to learn more about the Florida Consumer Collection Practices Act and your rights under federal and state consumer protection laws.
Read More →Debt Collection Basics: Can I Pay Off Debts in Collection?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 5, 2023
Learn how to tell if your debt is in collection, how you can use a payment plan to pay off your past-due debt and what steps you can take to stop stressful collection account activity.
Read More →Want To Pay Off Student Loan Debt? Ask These 9 Questions
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated June 7, 2023
There are many ways to strategize to pay off student loan debt. You can develop a personalized strategy by exploring: - Your current financial situation - Your student loan (and how it compares to other debt you may have) - Your financial goals - Your risk tolerance and debt-repayment timeline - The type of student loans you have and their repayment options - Streamlining repayment through loan consolidation or refinancing
Read More →5 Important Bankruptcy Questions (and Answers!)
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated June 6, 2023
If you’re thinking about filing bankruptcy, you have questions. We’ll answer the most common bankruptcy questions for you right here so you can decide whether you want to take the next step in the bankruptcy process or explore other debt-relief options that might interest you.
Read More →Consolidating Federal Student Loans: A Comprehensive Guide
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated June 5, 2023
If you’re like most students, you’ll take out multiple student loans throughout your college career. When repayment begins, you may find yourself juggling multiple loan payments, due dates, and interest rates each month. Consolidating your student loans can streamline the repayment process, and it may even save you money. The U.S. Department of Education currently offers one kind of consolidation loan called a Federal Direct Consolidation Loan. Here’s what you need to know to make informed decisions about consolidation.
Read More →REPAYE Plan 101
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated May 16, 2023
The Revised Pay As You Earn Repayment Plan (REPAYE Plan) is an income-driven repayment (IDR) plan for federal student loans. Borrowers who aren’t in default and have an eligible federal student loan can make payments under the REPAYE Plan. It requires you to pay 10% of your discretionary income, and the repayment period is 20-25 years.
Read More →