How to Use this Resource

We hope the articles below help you understand your rights as a consumer. You can scroll through the titles, or sort by Practice Area or Topic. You can also use the search feature to locate information by keyword.

Flitter Milz represents people with a variety of problems involving consumer credit and collections. If you have a particular question or believe your consumer rights have been violated, Contact Us for a no cost consultation.

Monitor Reports

What College Students Need to Know about Credit

As a college student, your credit is probably one of the last things on your mind. It can be a challenge to balance your classes and coursework while responsibly managing your finances, especially if this is the first time you have had to manage and budget your money.

Many students don’t realize that they start to build their credit right away once they take out student loans, or have expenses like utilities and rent.

If you continue to regularly monitor your credit report, pay bills on time, and keep your credit utilization low, your overall credit will remain in great standing. Good credit after college will make it easier for you to purchase a car, rent without a cosigner, and may even help you secure a job.

Tips for Building Credit

As a young person, you may not have a very extensive credit history. Unless a parent listed you as an authorized user on a credit card, your history is probably minimal. Sparse information may make it more difficult for you to secure new lines of credit or loans without a cosigner because lenders can’t be certain of your likeliness to make timely payments.

If you have student loans, these accounts will appear on your credit report and reflect positively as long as you make payments on time and in full. If you’re struggling with payments, look into income-based repayment options to avoid going into default.

You may also want to consider opening a credit card if you don’t already have one. Different types of accounts add diversity to your credit portfolio and will reflect positively on your score. Shop around for a card with little to no annual fees. Older accounts are more beneficial to your history, so the account will continue to positively affect your credit over time as long as you make payments in full and on time.

Tips for Monitoring Credit

Request your Credit Report
Every twelve months you are entitled to obtain a free credit report from each Transunion, Experian and Equifax. It’s important to regularly monitor your reports, even as a student, because there could be errors that negatively affect it. Write for a copy of your report and have it mailed to you.

Dispute Errors on your Credit Report
Although the credit bureaus have similar listings, the information that appears on one report may differ from another.  Be sure to obtain copies of all three reports and review them carefully.  If you find an error on your credit report, be sure to send a written dispute to those credit bureaus. You may also want to dispute the error with the creditor. Be sure to include any documents and relevant information that supports your claim.

Keep Your Credit Utilization Low
Your credit utilization also plays an important role in your overall credit health. If you regularly use more than 30% of your available credit, this may have a negative impact on your score. For example, if you have a credit card with a $1000 credit limit, you should avoid spending more than $300. This shows that you’re not only using a small amount of the credit that’s being loaned to you, but that you are using the credit responsibly and paying the amount borrowed.

Seek Legal Help

Flitter Milz is a consumer protection law firm that represents victims with problems involving credit reporting issues, debt collection harassment and vehicle repossessions. Contact Us for a free consultation to discuss your consumer credit issues.  If your rights have been violated, our firm will sue the credit bureau, debt collector or lender at no cost to you.

 

How Your Credit Affects Vehicle Financing

Before applying for any new line of credit, it’s good practice to check your credit report and credit score. Auto loans are no exception. A credit check will give you a good idea of where you stand and what type of interest rates you can expect. It’s also important that you verify that all of your information is correct and dispute any inaccuracies that may be bringing down your score.

However, credit scores that fall in the non-prime (620-679) and subprime (550-619) ranges may not necessarily indicate that you aren’t eligible for a reasonable interest rate. Lenders often use different tiers according to their own business needs to assess creditworthiness.

Lenders also frequently place more weight on credit history that is specific to auto loans. Timely auto loan payments in your credit history are more important than whether or not you make credit card payments on time. Always shop around to compare rates before signing an auto loan agreement.

Seek Legal Advice

Flitter Milz is a consumer protection law firm that pursues matters against lenders, debt collectors and the credit bureaus.  If a lender wrongfully repossesses a vehicle, a debt collector is abusive or the credit bureaus report information inaccurately, the consumer may have a lawsuit to pursue. For a no cost legal evaluation, Contact Us .

How to Finance a Vehicle with Bad Credit

Purchasing a new vehicle is a major decision, especially when you need to secure a loan in order to do so. Not only are you shopping for a car, you’re also shopping for the best interest rate and loan agreement terms. This process can be even more difficult if you have poor credit.

Check your credit before the purchase

A negative credit history can make it more difficult to find an agreement with reasonable interest rates and can also make it more challenging to get your application approved. It’s important to prepare and research ahead of time before you make a decision to ensure that you choose the best option for your situation. You may run the risk of a vehicle repossession when the loan agreement terms present challenges to your finances.

The vehicle is collateral to the lender

The vehicle is considered collateral in a loan agreement. As the borrower pledges repayment of the loan, collateral is a form of security for the lender. If a borrower fails to make payments under the loan agreement, the lender has the right to repossess the vehicle. A repossession will further harm your credit and negatively impact your history for up to seven and a half years.

Shop for the loan that is right for you.

When you need to secure a loan for the purchase of your new vehicle, take steps to make sure you get the loan that is right for you.  If you  enter a loan agreement with unfavorable terms, you may not be able to make loan payments in full and on time.  When the terms of the loan have been broken, the lender may take steps to repossess your vehicle.

Seek Legal Advice

Flitter Milz is knowledgeable about the laws governing repossession of cars, trucks, motorcycles, boats and RVs.  If your vehicle has been repossessed, Contact Us.  We will review the details of your case at no cost, and evaluate whether your consumer rights were violated.

Personal Finance Basics for College Students

The start of a new college semester is a busy and exciting time. As you prepare to begin new classes, it’s important to consider how you’ll manage your finances while you’re in school. Follow these tips to keep your finances in order and avoid any unnecessary additional stress.

Set a Budget

Whether you receive a stipend from financial aid, are working part-time, or get financial help from your parents, it’s important to set a monthly budget to stay on track with your finances. You should budget for mandatory expenses like room and board or rent, utilities, and groceries, but you should also consider how much you can afford to spend on dining out and entertainment. Sticking to a budget will help you stay organized and help ensure that you don’t spend above your means.

Start a Savings Account

If you work during school, make it a goal to save ten percent or more of your income and put it into a savings account. Even if it seems like a small amount, savings will help when it comes time to graduate and find an apartment or begin to pay off student loans. It’s also helpful to have some money saved up in case of an emergency.

Pay Off Loan Interest During School

Many students take out both federal and private loans in order to fund their education. If you have student loans, you likely already know that you’re not required to pay them off until after you graduate, and there is typically a six month grace period following your graduation as well.

However, it’s a good idea to pay off the interest that accrues on your loans while you’re still in school if you have the means to do so. Some of your loans may be subsidized, meaning they won’t accrue interest while you’re still in school, but unsubsidized loans begin to accrue interest from the date that they are issued. Not paying this interest means you’ll eventually have to pay interest on the interest that you didn’t pay previously.

Build Your Credit

It’s important to keep in mind that your credit history will begin to develop right away. Certain bills are included on your credit report, so it’s critical to pay them in full and on time to avoid negative marks on your credit. Student loans will also appear on your credit report and will help you establish positive history as you make payments on time.

In order to secure new lines of credit in the future, a lender will pull your report to determine your creditworthiness. It is possible to get denied for credit if you lack sufficient credit history, so it’s helpful to try to build credit while you’re still in school.

The Credit Card Act of 2009 placed restrictions on individuals under the age of 21 getting a credit card without a cosigner, but secure credit cards are still a good option. A secure credit card requires an initial deposit. This deposit then acts as your available amount of credit. You can also build credit as an authorized user on a parent’s credit card.

Check Your Credit Report Regularly

You can get a free credit report from each of the three credit bureaus – TransUnion, Experian, and Equifax – every twelve months. Checking your own credit report does not reflect negatively on your credit. You may choose to request a copy from one bureau at a time so that you can check your report several times throughout the year.

Always review your report for errors and inaccurate information. Incorrect listings can have a negative impact on your credit if they aren’t addressed. Dispute any incorrect information with the bureau and with the creditor and provide any documentation that supports your claim.

Successfully managing your finances and building healthy credit requires consistency and time. With these tips you’ll be well on your way to good credit.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics by debt collectors, and those with credit reporting accuracy and privacy issues.  Contact us to discuss your consumer credit concern.  There is no cost for the consultation.

Credit Scores and Credit Repair…not a Quick Fix

A high credit score makes many aspects of our lives more simple. It may be easier to purchase a home or car, secure a new line of credit, rent an apartment, or possibly be hired for a job or awarded a promotion.

What is a good credit score?

A credit score of 800 and above is considered excellent and indicates that the consumer not only uses credit, but pays bills in full and on time. A  score in the 700s is considered good, however there may be some negative listing on the credit report such as late payments. Scores falling in the 600s are considered fair and may represent denial of a loan, or possibly approval but with lower credit limits or higher interest rates . Lower scores indicate to lenders that the consumer is a high credit risk and either, the consumer may be denied, or credit would be offered with unfavorable terms.

Credit score ranges

Image via Experian.com

Consumers with poor credit may seek ways to repair and improve their credit scores quickly. However, it’s a process that takes time and responsible financial management.  Paying bills in full and on time, maintaining a low credit utilization, and paying off debt are critical steps.  Also, a regular review of your credit report for accuracy is important.  Every twelve months consumers are entitled to a free report from each, Transunion, Experian and Equifax.  If there are errors listed on the credit report, the consumer should promptly dispute the errors.

Send a dispute letter to the bureau by US Mail with an explanation of the error and documents that support your claim.  Be sure to keep a complete copy of your dispute.  The credit bureaus have 30 days to respond to disputes.  The bureau does not correct the error, you may need to re-dispute until your report has been corrected.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of credit reporting errors by credit data furnishers and the credit bureaus.  Contact us  for a free evaluation of your credit report errors for a potential violation of the Fair Credit Reporting Act.

Servicemembers Civil Relief Act (SCRA)

Protection from Repossession

The Servicemembers Civil Relief Act (SCRA) provides special protections for active service members that have defaulted on car loan payments.  To qualify, servicemembers must have signed the loan agreement, and paid at least the deposit or first installment payment, before entering military service. To repossess a vehicle, the lender must obtain a court order.

Reasons for Repossession

Vehicle repossessions occur for a number of reasons. Most often, a vehicle is repossessed due to missed payments or the lapse of insurance. When a car is repossessed, lenders need to follow the law, whether payments were missed or not. If the lender overlooks the law, the servicemember may bring a lawsuit against the lender.

Requirements AFTER Repossession

After a vehicle has been repossessed, the lender is required to send proper notices to the borrower. Shortly after the repossession, the lender will send a letter called a Notice of Intent to Sell Property, which confirms the repossession occurred and details terms for to retrieve the vehicle. If the borrower is not able to meet the terms, the lender may choose to sell the vehicle at an auction or private sale. Once the sale has taken place, the lender will send a second letter called a Deficiency Notice, which informs the borrower of the sale price of the vehicle and any remaining balance due.  If the borrower is not notified properly, there may be grounds to file a lawsuit against the lender.

Credit Reporting and Car Repossession

If a servicemember’s vehicle has been repossessed, he or she may face loss or denial of a security clearance, or other types of punishment based on mismanagement of their finances.  In addition, credit reports may list delinquencies or the repossession and lower credit scores, which make it difficult to obtain a new loan.

All consumers are entitled to receive one free credit report every twelve months directly from Transunion, Experian and Equifax.  Check your credit reports , and make sure the information is accurate.

Seek Legal Assistance

Servicemembers that have fallen behind on payments for auto loans and are facing repossession should seek the advice from a qualified consumer protection attorney to advise on their consumer rights.

Flitter Milz is a nationally recognized consumer protection law firm who knows the laws to protect borrowers from wrongful repossession and inaccurate credit reporting. Contact us for a no cost consultation.

Pictured above:  Attorneys Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

What You Should Know About Employment Background Checks

Be sure to request your credit report and verify that your credit history is up to date and accurate before seeking a new job. Prospective employers often run credit checks on potential employees prior to making hiring decisions, and negative listings could hurt your chances for employment or a promotion. The Fair Credit Reporting Act (FCRA) is the law that requires employers to obtain a prospective hire’s consent prior to pulling a credit file.

Employers Must Obtain Permission

Employers must obtain your written permission before they can access your credit file. During the application process, the employer should provide you with background check disclosure and authorization forms that require your signature.

Easy to Understand Forms

The Federal Trade Commission (FTC) states that these authorization forms should be free of “complicated legal jargon” or “extra acknowledgement or waivers.” You should never feel confused or misled when it comes to authorization forms that an employer or prospective employer provides in order to get your consent to view your credit.

Your Right to View the Report

You also have the right to see the report that the employer used as a means to determine your employment. You should inform the prospective employer that you want to have a copy whether you are hired or not.

Seek Legal Advice

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of inaccurate credit reporting. Contact us for a free evaluation of your reports.

How a Move Can Affect Your Credit

Your credit follows you wherever you go, and that includes whether you purchase a new home or move to a new apartment. But how does the process of moving affect your credit?

Credit Inquiries

When you apply for a mortgage or fill out an application for an apartment rental, the bank or landlord will most likely perform a credit check.

There are two types of credit inquiries: hard and soft. Most financial inquiries are considered hard and have the potential to negatively affect your credit, especially if you are declined. As well, lenders may see you as a higher risk if you have several hard inquiries.

If you’re concerned about the effect of a credit inquiry on your credit score, check to see if the prospective lender or landlord would accept a copy of a credit report that you pulled yourself. You’re entitled to one free credit report from each Transunion, Experian and Equifax every twelve months. Requesting the reports yourself will not affect your credit in any way.

Avoid Breaking a Lease

The terms detailed in the lease agreement will state your options if you need to terminate a lease early.  You may have to pay extra fees or surrender your security deposit for an early termination. Make sure you pay any agreed amount on time. If you don’t, the landlord may have the right to take you to court or send the account to a debt collector. This type of activity will appear on your credit report and will damage your credit score.

Missed or Late Payments

With the stress of moving, often it is more difficult to keep track of your finances and make timely payments. Missed or late payments can be very harmful to your credit. Depending on how late the payment is, it could appear as a negative mark on your credit report and also lower your credit score significantly.

Mail Forwarding

Prior to your move, ensure that you will receive mail from your old address by taking the following steps:
-Notify the United States Postal Service to forward all mail to your new address
-Notify your creditors in writing of your address change
-Inform your landlord of your new address and contact information.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics, credit reporting privacy and accuracy violations and vehicle repossessions.  Contact Us for a free consultation.

6 Credit Definitions You Must Know

Poor credit and unsteady financial standing can make many aspects of your life much more difficult than they need to be. Your credit follows you wherever you go, and it can affect your ability to get a job, rent an apartment, or secure new lines of credit. For this reason, it’s important to prioritize your credit health and always make sure your finances are in the best order that they can be.

As a consumer, it’s important to educate yourself on all of the financial aspects that affect your credit. Make sure that you’re aware of how your open accounts will increase or decrease your credit score and how certain financial mishaps are reflected on your credit report. Certain occurrences like a vehicle repossession, late payments, or a defaulted account will result in negative marks on your credit report. These types of negative marks can remain on your report for many years. Take the following steps:

Learn these 6 Important Credit Definitions.

1. Credit Report:  A credit report is a statement that has information about your credit activity and current credit situation such as loan paying history and the status of your credit accounts.

2: Credit Bureau: The three main credit bureaus are Transunion, Experian and Equifax. Credit bureaus collect data from lenders and creditors and provide reports to the consumer, and to prospective lenders.  The reports show a consumer’s payment history and amounts owed on credit cards, mortgages, auto loans, etc.

3. Credit Score: A credit score is based on credit history – the number of open accounts, total levels of debt, and repayment history, and other factors.  Lenders used credit scores to evaluate the probability that an individual will repay loans in a timely manner.

4. Hard Inquiry: A hard inquiry, or “hard pull”, occurs when you apply for a new line of credit, such as a credit card or loan.  It means that a creditor has requested to look at your credit report to determine how much risk you pose as a borrower. Hard inquiries show up on your credit report and can affect your credit score.

5. Soft Inquiry: A soft inquiry occurs in cases where you check your own credit or when a lender or credit card company checks your credit to pre-approve you for an offer.  Soft inquiries do not impact your credit scores.

6. Debt-to-Income Ratio: A Debt-to-Income Ratio is all your monthly debt payments divided by your gross monthly income.  This number is one way lenders measure your ability to manage the monthly payments to repay the money you plan to borrow.

Check your credit reports regularly.

Ensure that all information on your credit reports is accurate and up to date by checking your reports regularly. All consumers are entitled to one free credit report each year from each three of the credit reporting bureaus.

Set Goals to Improve your Credit.

Determining benchmarks to improve your credit standing over time.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics, wrongful vehicle repossessions and credit reporting privacy and accuracy issues.  Contact Us to discuss your consumer credit concern.

 

How a Voluntary Surrender Impacts your Credit

If you’re behind on your car loan payments, it’s possible that your vehicle will be repossessed by the lender. Your vehicle is considered collateral under the terms of the loan agreement, so the lender has the right to take back the car or truck if there is a lapse in payments or terms of the agreement are broken.

If you’re suffering a financial hardship, often borrowers that have fallen behind on payments may consider whether to voluntarily surrender their vehicle instead of the embarrassment of a repo-man coming to their door.  Either way, the repossession of a vehicle may impact your credit report negatively and make it difficult to get credit approval on an auto loan in the future.

What to Do Before Repossession

First and foremost, if there’s a chance that your vehicle will be repossessed, you should take the following actions in preparation:

  • Remove all purchase and loan documents from the vehicle.
  • Remove all personal belongings from the vehicle.
  • Note the current odometer mileage.
  • Take photographs of the vehicle’s interior and exterior.
  • Request that the lender provide you with a written loan payment history.
  • Request that the lender provide you with a payoff figure.
  • Do not hide or conceal the vehicle to avoid a repossession.

This will ensure that you have all the information you need along with your personal belongings should a repossession take place.

How a Voluntary Surrender and Repossession Affect Your Credit

Many consumers who anticipate a repossession wonder if the consequences will be less negative if they voluntarily surrender the vehicle to the lender. The only significant difference between the two is the way they appear on your credit report; a voluntary surrender will be listed as such, but the negative effect will be about the same as a repossession. It’s possible, however, that the lender will be more willing to enter a loan agreement with you in the future if you voluntarily surrender the vehicle.

A repossession can stay on your credit report for up to seven and a half years. It’s a negative listing that lowers your credit score and it can make it more difficult to secure a new auto loan or line of credit.

Discuss Your Options with Your Lender

If you are having difficulty making payments, contact your lender as soon as possible. You may be able to avoid repossession by deferring payments to the end of the loan and prevent your credit from taking a further hit.

Seek Legal Help

Whether you have fallen behind on your car payments or not, there are legal protections for borrowers from lenders and repo agents that wrongfully repossess vehicles.  Learn more about your rights and contact Flitter Milz, a nationally recognized consumer protection law firm.