The Fair Debt Collection Practices Act (FDCPA), a federal law that was passed in 1978, provides guidelines on the actions that debt collectors can take when they try to get consumers to make payments on their debts. It prohibits abusive, deceptive or unfair practices and puts limits on when and how third-party debt collectors can contact people who owe money.
If you have a high balance on a credit card and are only making minimum payments, start paying down the balance. It's important to pay down (or even better, pay off) revolving accounts such as credit cards. This will lower your credit-to-debt ratio (what you have borrowed in relation to what you could borrow), and is one way to improve your credit score. Paying off installment loans such as auto loans, student loans, etc. won't improve your credit score as dramatically.
“If [a filer] falls behind, then the trustee files a motion to dismiss, which [the filer] would either allow or explain to the judge what happened, and [their] plan for getting back current,” Albaugh said. Without a plan to get back on track, Albaugh said a homeowner could be facing some trouble. “If you were using [Chapter 13] to get caught up on a house, then the foreclosure process starts back up again and you lose that bankruptcy protection,” he said.
The debt management companies will refrain from making payments and attempt to negotiate a settlement with the creditors on your behalf. In general, credit card companies will collect aggressively for the first 180 days. After 180 days, the debt is written off. Many banks will then sell that debt to collection agencies at a fraction of the face value. Collection agencies are usually willing to take a discounted settlement from the borrower, because they did not pay full price for the debt. These programs can take a couple of years to complete and the negative information stays on your credit report for seven years.