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https://learn.extension.org/events/2582

Credit & Debt Issues for Military Families

Connecting military family service providers and Cooperative Extension professionals to research

and to each other through engaging online learning opportunities

www.extension.org/militaryfamilies

MFLN Intro

2 2Sign up for webinar email notifications at www.extension.org/62831

Today’s Presenters

Leslie Tayne• Consumer and business debt-

related attorney and advisor.• Founded Tayne Law Group, P.C.,

concentrating solely in debt resolution and alternatives to filing bankruptcy for consumers, small business owners and professionals.

• Tayne Law regularly consults and advises on debt management related issues.

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Credit & Debt Issues for

Military Families

Leslie H. Tayne, Esq. Librestock.com CC0

What Will We Be Talking About Today?

• Resources to help you manage your debt• Debt settlement – what is it?• Bankruptcy – when to consider it?• Debt relief programs – are they reliable? • Debt collections• What to do if a creditor sues you• Negotiating • Judgments and liens • Budgeting tips• Savings tips• Military Benefits• When to buy a home – can it fit in your budget?• Career options

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Good Resources for Managing Debt

• Apps: These are FREE and ones I recommend using:– My Military & Money: Uses interactive tools, articles, and videos to help

military families achieve and maintain financial stability.– Mint.com: Personal Finance App to help you manage, budget, and track

your monthly expenses, bank accounts, credit scores and retirement funds.– Credit Karma: On top of receiving your free credit score, the Credit Karma

app lets you monitor expenses as well.– Mint Bills: Reminders let you keep track of your bills and credit cards with

notifications on due dates and when your nearing your credit limits.– Level Money: By linking accounts, Level Money estimates your income, and

lets you know how much you can afford to spend today or even this month.• Online Banking: Most banks now let you manage bills, transfer funds, and

monitor savings directly from your phone or computer.

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More Debt Help Resources

• National do not call registry

• Fair Debt Collection Practices Act

• Annual Credit Report (Free)

• Debtors Anonymous• Personal Budget Workshe

et• Debt Payoff Calculator 7

Reliable Debt Help Blogs

Credit.com

Mint.com

U.S. News & World Report

GOBankingRates

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What is Debt Settlement?

• A process in which a company (or law firm) negotiates with creditors on your behalf to significantly reduce the amount you owe.

• By negotiating, the debt relief company tries to settle with lenders and collection agencies on an amount suitable for all parties.

• Since a creditor or agency knows they may not receive a full payment they may be willing to accept a lower payment.

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When to Consider a Debt Settlement Service

• Most people with unsecured debts are right for a debt settlement program.

• If you’re struggling to keep up on financial obligations, your behind on payments, making late payments, making the minimum payment or simply have no money left after all bills are paid there’s an excellent chance that a debt relief service is right for you.

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What is the Difference Between Debt Settlement and

Bankruptcy?• Debt Settlement can help you settle your loans at a fraction of the

cost without having to deal with the hassle and cost of bankruptcy. Though debt settlement has an initial impact on your credit score, it does not have the long term credit effects of bankruptcy.

• While bankruptcy can relieve individuals of unsecured debts, stop foreclosure proceedings, and put a halt to debt collection activity, it does come at steep price. Declaring bankruptcy can tarnish your credit report and credit score for up to ten years, making it extremely difficult to qualify for a mortgage, car loan, credit card, and many other lines of credit. Bankruptcy can also potentially interfere with your ability to get hired for certain jobs, as well as your eligibility for some forms of insurance.

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What to do before Filing for Bankruptcy

• Do your homework• Reevaluate your budget and finances• Get a free copy of your credit report• Devise a battle plan• Schedule a consultation with both a debt relief

attorney and bankruptcy attorney – pros and cons

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Why a Debt Relief Law Firm is more Trustworthy than

Illegitimate Debt Relief Services• If you’re looking for help settling debts, a law

firm may be a better option over other services because of the higher ethical standards law firms are held too.

• An attorney can provide legal advice that a debt settlement company may not be able too.

• An attorney who knows the law can protect you through the process of settling debts with creditors

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What to Do if Your Debt Goes into Collections

• If your unsecured debt goes unpaid, a creditor has nothing to receive in return, so they will send it to a collections agency.

• You may want to find out how much you owe and if possible, you should consider paying off the debt to limit any more damage to your credit score and avoid being taken to court.

• If you can’t pay, you may want to negotiate yourself or a better choice would be to higher someone to negotiate on your behalf such as a debt settlement law firm or company as they are experienced negotiators. They may be able to lower your overall payment - saving you money.

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Got Questions? Let’s talk Debt FAQ’s

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What Does it Mean to Default on Debt?

• Defaulting on a debt simply means that the payments required on the debt have not been made.

• Generally, this occurs at different times depending on the type of debt you have and the terms of the agreement with the creditor. Meaning, it may be considered defaulted after you’ve missed multiple payments or just one depending on the terms you have with the creditor.

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How Can I Negotiate with My Creditor?

Steps to take when negotiating with a creditor:1. Stop using the credit card you are trying to

settle.2. Be Patient: it will likely take some time before

creditors will be willing to settle your debt.3. Be Prepared for creditors calling about your

delinquent debt: make sure that the collection agency is following the Fair Debt Collection Practices Act.

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4. Negotiate: This can take some time. – Keep a notebook with you and take notes during the call.– Creditors will take a better deal if the settlement is lump sum.– Explain all hardships.

5. Get everything in writing: Whatever debt settlement or debt reduction agreement you agree on, make sure you get it in writing along with a schedule of payments

6. Don’t miss debt settlement payments: Many settlements will void if you miss or are late with just one payment.

7. Check and update your credit reports

How Can I Negotiate with My Creditor?

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What Do I Do if I have a Judgment or Lien Against Me?

• A judgment is a type of lien that is attached to a debtor’s real or personal property without their consent. The judgment is intended to pressure a debtor to ultimately transfer money from a debtor to a creditor through a court’s enforcement.

• How Do Creditors Obtain Judgments?A judgment is granted to creditors who have previously sued a client in their county or state courts and then wins a judgment against the debt that is owed

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What are the Types of Judgment Liens that a Creditor can Obtain?

Real Property: if a consumer has a lien as a result of a judgment on their house, condominium, vehicle, or similar kind of real property, during the sale of that real property, the creditor with the judgment will be entitled to a portion of the proceeds.

Garnish Your Wages: another way a creditor can obtain their uncollected funds is going directly through a debtor’s employer. A judgment will allow the creditor to collect funds directly from the debtor’s paycheck through the employer until the amount due and owing is satisfied.

Freeze Your Bank Account: instead of going through a debtor’s property or employer, a creditor can go directly to a debtor’s bank and freeze or restrain their account. In other words, a debtor would not have access to a certain percentage of funds in their account.

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What is a “Frozen Bank Account?”

• What is the Purpose of Restraining a Bank Account?Once a bank account is frozen, the creditor can hire a Marshal to either take the monies due and owing out of the account themselves or have the bank send a check to the creditor or the creditor’s attorney from the funds in the account.

• Can They Take All My Money?There are certain types of monies called exempt funds that cannot be touched after a judgment is entered and a bank account is frozen. Examples of exempt funds include:-Social Security-Disability-Pension-401K

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What Should I Do if I’m Being Sued?

• Being sued means your creditor has filed paperwork requesting that a judge order you to repay your debt. If, after reviewing all of the paperwork, the judge agrees with the creditor your debt becomes part of the public record and your creditor has a legal claim against you called a judgment. This is a legal determination by the judge that you are now a “judgment debtor” and owe your creditor (now a “judgment creditor”) a certain amount of money. If you do not show up in court, which I do not recommend—you have a much better chance of pleading your case in person–the judge could order a default judgment against you.

• A judgment is serious because it takes your case to the next level of debt collection and the unpleasant measures that come with it. These could include wage garnishment, freezing your bank accounts or seizing your property and you may not receive any prior notice. If you find yourself being sued by your creditor, contact a financial advisor, debt counselor or attorney who can help you.

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Now Let’s Talk Tips to Help You Stay OUT of Debt!

• Every day savings• An Emergency fund• Budgeting tips• When should you budget?

Librestock.com

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Look for Everyday Savings

Everyday savings are out there, you just need to know where to look!

Store Emails: Sign up at places you frequently visit. They will notify you with current sales and discounts exclusively for their subscribers.Social Media: “Follow” or “Like” the pages of stores you shop as they may announce sales you may not see elsewhere.Newspapers & Magazines: Don’t forget there are many deals to be found here!Coupon sites: Use these sites for everyday savings (i.e. Coupons.com, Moneysavingmom.com, Yipit.com, RetailMeNot.com, DealNews.com)Other savings sites: Groupon.com (Savings on just about everything), Airbnb (save on hotels by “renting” rooms or homes), GasBuddy (search for best gas prices), Goldstar.com (save on sporting events, concerts, and theater), and MyMilitarySavings.com (Coupon site designed specifically for military families)

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Consider a Side HustleA side hustle is a great option for spouses looking to make extra income.

• You can work close to home or even at home• Build income doing something you enjoy to help you pay

down debt and build an emergency fund• You may be able to be your own boss and work at your

own paceBuilding the perfect side hustle:

• What side job is going to work for you? Think about your hobbies, interests, and talents, and how much time you have to put aside each day/week.

• Determine your target market and how to reach them. Utilize free resources such as social media.

• Talk to others who have a side hustle to see if they can help you get started

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How to Set Up a BudgetBudgets have only one rule: Do not go over budget!

Know how much net income you earn each month (net means your take home pay after taxes, social security, insurance, etc.)Create a detailed list of money going out (expenses) – put them into 3 separate categories: fixed, variable, and discretionary.

• Fixed includes set amounts per month (i.e. mortgage, car payments, cable, phone, etc.)

• Variable expenses can change depending on needs (i.e. food, gas, toiletries, medication)

• Discretionary is elective spending (lifestyle choices we enjoy – i.e. eating out, vacation)

Track your spending and cut costs if you have to! Stay motivated! Set Goals! Continue to adjust your budget every couple months.

General Guideline for Monthly Expenses

• 3% medical – co-pays, prescriptions and personal such as beauty and hygiene

• 30% housing – mortgage, utilities, insurance• 20% debt – credit cards, loans• 15% food – groceries, eating out• 15% transportation – car payment, gas,

insurance, repairs• 10% savings – retirement fund, “what if” fund,

emergency fund• 7% misc. – entertainment, clothing, extras

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When to BudgetThe beauty of budgeting is you can choose the time that works best for you.

• Choose a calm and comfortable environment – Weekends in the morning, before any “big” activities, at night, at the office on your lunch break

• Budgeting may be viable at certain times in your life: large expenses such as a wedding, coming home from deployment. Start your budget when your income and expenses are more stable so you have a better idea of actual numbers

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What is an Emergency Fund?An emergency fund is a smart and easy way to make sure you can afford unexpected expenses that may not already be covered in your budget. They also provide an alternative to relying on credit cards, personal loans, and other forms of debt.

• Calculate how much you can contribute. Depending on how much room you have in your budget, the amount of money you can contribute to your emergency fund may vary.

• Ideally, try and contribute 10% of your net income to your emergency fund until it’s complete you have at least 3-6 months worth of living expenses saved.

• This will help you avoid debt since you will have a back-up plan for life’s unexpected twists and turns, such as medical or vet expenses, or car maintenance.

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Sign Up for Automatic Payments

• If you have a personal or student loan, signing up for automatic payments can help you reduce your debt. Automatic payments sometimes offer you discounts on interest rates. For example, Wells Fargo and Sallie Mae offer .25% discount on interest rates if you enroll with their automatic payment plan.

• Automatic payments will also help you stay on top of your payments and ensure they are always on time. Make sure to still keep track of them even though they automatically come out of your account each month.

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Take Advantage of Military Benefits

Military Lending Act: Under the Military Lending Act, if you’re an active duty member of the armed forces or are on active Guard or Reserve duty, you can’t be charged an interest rate higher than 36% on some types of consumer loans (consumerfinance.gov)

• Rights under MLA include: – 36% interest cap – interest, fees, credit card charges, credit

renewal charges, credit insurance premiums, other fees for credit-related products sold in connection with the loan

– Written and Oral Disclosure – Before a loan is issued, creditors must inform you in writing and orally the fees and interest rates of the loan

– No roll-over loans – Creditor can’t refinance the same loan unless it favors you, that way you won’t get stuck with a loan that gets more expensive to pay back every few months

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Take Advantage of Military Benefits (cont’d)

Other Rights under MLA include: – No mandatory waivers or consumer protection laws –

“Creditors cannot require you to waive any state or federal law, including the Servicemembers Civil Relief Act, which protects servicemembers from being sued while on active duty (consumerfinance.gov).”

– No mandatory arbitration – When an outside party decides how a dispute should be resolved

– No mandatory allotment – Creditor can’t require you to take an allotment out for your loan. This is an automatic payment taken out of your paycheck to pay off a loan

– No prepayment penalty – A creditor can’t charge you a fee or penalty if you decide to pay off your loan early

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Strategies for Overseas Deployment, Military Personnel

1. How to manage your money during overseas deployment

2. How to manage your money when moving all the time

3. How to transition financially to civilian life

4. Should you buy a home?5. How to take advantage

of your careerLibrestock.com CC0

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How to Manage Your Money During Overseas Deployment

Before Deployment

Put someone in charge: Designate someone to oversee finances while military spouse is awayNo new debts: Avoid incurring any major new debts before you deployCome up with a plan and prepare: Discuss finances with spouse before deployment, what debt will you pay off first, second, so onSet up Direct Deposit: Automatically deposit wages to your bank or credit unionAutomate finances: Set up automatic bill pay to avoid late payments. This will make managing your finances a bit easier.Stick with your emergency fund: An emergency fund can be a great source of cash when you’re hit with a surprise. With extra cash stored away for emergencies, you limit the need to rely on credit cards which can lead to debt. Consider saving 3-6 months of expenses.

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During Deployment

Take advantage of Department of Defense savings plans.Thrift Savings Plan: A retirement savings plan for military personnel and federal employees that is similar to a 401k plan. Like a 401k you can invest your money after taxes (Roth) or pre-taxed (Traditional). With many investment options and low management fees, TSP may work for many families.Saving Deposit Program: Unlike a TSP, a SDP is only available during combat deployment.

• Personnel needs to be serving in a combat zone or qualified area outside the US for more than 30 consecutive days or 1 day in each of three consecutive months

• You can deposit up to $10,000 for each deployment• Earn 10% annual interest during deployment (this is

taxable)• Earn 10% interest up to 90 days after military

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During Deployment (cont’d)Stick to your pre-deployment budget: If you’re receiving deployment benefits or an increase in income, it’s important to save and reserve these extra funds. Sticking to a pre-deployment budget can help the temptations to spend this extra money on lifestyle inflation.Don’t be afraid to ask for help: If you are struggling to make payments and falling behind, ask for help as financial assistance may be available from these organizations:

– Air Force Aid Society– Army Emergency Relief– Coast Guard Mutual Assistance– Navy-Marine Corps Relief Society– Servicemembers Civil Relief Act: SCRA can provide

protection against outstanding mortgage and credit card debt, taxes, and even eviction prevention as well as many other protections

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Post-DeploymentWhen a spouse returns from home its important to communicate financial affairs.

– Financial protections such as SCRA and SDP will soon expire so communicating and understanding what needs to be done next is crucial.

– Just as a financial plan was developed before deployment, a post deployment plan is just as important.

Don’t overspend.– A returning spouse may be tempted to spend the

money they earned during their deployment. Consider spending money wisely and make smart financial decisions such as adding money to your Thrift Saving Plan and paying off any debt incurred.

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How to Manage Your Money When Always on the Move

Since military families are always on the move, it can not only be costly, but it can be a hassle. With proper planning you can limit some stress.Consider tracking all your financial accounts and see how a move will affect them:

• Will accounts need to be closed or can you simply ask to change your address? (i.e. if you use a local bank, will you need to close your account and open a new one at a bank near your new home?)

• Your credit card companies will need to be notified of your address change

• Pay off and close your local accounts such as your utility billsCreate a moving budget:

• Understand what the military will cover and what you should budget for

• Your budget should include moving company costs and/or truck rental, gas, storage facilities, extra insurance on items of high importance to you, lodging (if needed), as well as all real estate and lawyer fees

Know what the military will help you with.

Dislocation Allowance: Service members and their families will receive a partial reimbursement for expenses incurred during a PCS move. The allowance amount is based on the service member’s rank and family status. Monetary Allowance in Lieu of Transportation: MALT is a mileage reimbursement service members can receive when they drive to their new duty station. Amount reimbursed depends of type of transportation (car, plane, motorcycle, etc.)Per Diem Allowance: Reimburses service members and their families for costs of meals and lodging when traveling to new station. Amount reimbursed depends on size of family and age of children. Advanced Basic Pay: This lets military personnel take up to three months’ pay in advance interest free when you make a change of station. This money is a loan to help pay for moving expenses and will need to be paid back.

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Manage your budget after your move.– It can be tempting when you move into a new place to

want to buy new furniture and accessories for your home. Prioritize what needs to be purchased now and what can wait. This can reduce overspending.

– If mortgage payments and property taxes are higher than previously, be sure to factor this into your new budget

– Talk to local sources about your new neighborhood. Ask for any information regarding inexpensive shopping and entertainment.

– Limit eating out until your major moving purchases are paid off. Avoid racking up debt by eating at home.

– Research cost of utilities before you move so you have an idea of what they will cost you each month

– Your budget doesn’t need to be set in stone. You may need to adjust it as you settle in. 40

How to Transition Financially to Civilian Life

Make sure you’ve saved enough. Your emergency fund (or transition fund) should be large enough to cover 3-6 months worth of expenses. This fund can keep you afloat while you search for a job.Revise your budget as necessary. Transition to civilian life can mean you may no longer receive certain benefits. It’s important to budget for new expenses.Manage your Thrift Savings Plan. Your military retirement fund can remain in a TSP account or can be rolled over to a Roth/Traditional IRA or your new employer’s plan.Take advantage of Separation Assistance. Personnel can deduct some of the costs they incur searching for a new profession, including travel, fees for resume preparation, and outplacement services.

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How to Transition Financially to Civilian Life

Applying for civilian jobs:• Consider connecting with a recruiter whose focus is

military-to-civilian transitions• Attend a Transition Assistance Program (TAP), a

workshop created to teach veterans job search strategies and prepare for interviews

• Showcase your strengths as a military candidate• Negotiate your salary. Don’t leave money on the table!

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Should You Buy a Home?Buying a home is a large investment and since military families move frequently, there are many factors to consider:• How long will you be staying in your location? A

Permanent Change of Station (PCS) can move you to a new location numerous times. If you’re moving often, would renting be a wiser decision for you?

• Will a home purchase be an investment? If you purchase a home and are soon uprooted, will you experience a loss on your investment? On top of closing costs, there are many other hidden fees associated with purchasing a home.

• Will purchasing a home limit you from saving money? With a mortgage, taxes, and other expenses that come with a home, will you still be able to save?

• Can you afford the maintenance? Will you have the time and money to manage the upkeep on the home?

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If you are considering purchasing a home…• Look for a home you can comfortably afford• Apply for a VA Loan and take advantage of their benefits:

– No down payment required– Unlike conventional mortgages, a VA does not require

Private Mortgage Insurance (PMI) which can save you hundreds

– Since the federal government backs each VA Loan, interest rates are low

– No pre-payment penalty• Like an emergency or transition fund, consider a fund where

you can save money for closing costs, furniture, repairs, etc. • Take advantage of tax deductions – this money can go a

long way!• Take advantage of Basic Allowance for Housing (BAH), a tool

that can give service members a monthly allowance to help cover rent or mortgage payments. The amount varies based on your location and rank.

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Buying vs. RentingBenefits of Buying:• Homeowners can deduct

mortgage and property tax payments

• If your home appreciates in value, the sale of your home can mean financial gain

• Ability to personalize your home to your liking

• VA Loans can help make home ownership a bit easier

Benefits of Renting:• Military Clause allows military

personnel out of leases• Landlord is usually in charge

of maintaining property• While selling a home can be a

long and difficult process, moving while renting can be much easier

• Monthly rent is sometimes cheaper than a monthly mortgage

• There’re not as many up-front costs associated with renting

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How to Take Advantage of Your CareerA military career can provide you and your family with many

benefits to which you should take full advantage of.Ability to go to school or further your education with financial assistance programs during or after your service.

• Tuition Assistance: Can pay up to $250/credit hour up to a total of $4,500/year

• Post 9/11 GI Bill: Receive up to 100% full tuition for public in-state schools, a monthly housing allowance, up to $1000 a year for books and supplies, and the ability to transfer the benefit to a spouse (if still serving). You have up to 15 years to take advantage of this benefit.

• Montgomery GI Bill: Receive a set monthly rate based on the number of classes you are enrolled in. You have up to 10 years to use this benefit.

• Servicemembers Opportunity Colleges (SOC): The SOC can be beneficial for military scholars who are frequently transferred. The schools associated work together to make it easier to transfer college credits if you need to move due military transfer.

Take advantage of retirement plans and benefits. • Thrift Savings Plan: Retirement savings plan for military personnel

and federal employees that works similarly to a 401k plan. Like a 401k you can invest your money after taxes (Roth) or pre-taxed (Traditional). With many investment options and low management fees (29 cents/every $1000 invested) TSP may work for many families.

• Saving Deposit Program: Unlike the TSP, the SDP is only available during combat deployment.

• Personnel needs to be serving in a combat zone or qualified area outside the US for more than 30 consecutive days or 1 day for each of three consecutive months.

• You can deposit up to $10,000 for each deployment• Earn 10% annual interest during deployment (This is taxable)• Earn 10% interest up to 90 days after military personnel

returns home.• There’s no fee for stopping your deposits

• Unlike many civilian jobs, military personnel can receive a pension with benefits after 20 years of active duty service. The amount they can receive depends on the retirement program they’re eligible for.

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Access to leave and vacation time.• Active military personnel earn 2.5 days of vacation

time /month for up to 30 paid days off a year. This time can be taken immediately after basic training.

Access to housing and meal allowance. • For active military on base, housing is included in their

compensation package• If married and on-base housing in not available, or you

would like to live off-base, you can receive a tax-free monthly housing allowance

• Active personnel can receive free dining or an allowance to help cover cost of off-base meals.

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Access to special tax breaks.• Members serving in combat zones are exempt from paying

their federal income tax for the month(s) of service. This is a great opportunity for families to save money and help pay down their debt.

• Some members of the military can even postpone some tax deadlines up to 180 days after returning home. This gives you more time to save money to pay taxes.

Take advantage of help offered for expenses.• Help with moving/travel - If a permanent change of station

is required, military personnel are allowed to deduct the moving expenses during tax season. Reservists who are required to move more than 100 miles from home can be reimbursed for their travel expenses

• Uniforms - Some service members can deduct costs of certain uniforms that they are not allowed to wear when off-duty

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Strategies for Long-Time Veterans to Overcome DebtFind a job that’s right for you & take advantage of the benefits!

Librestock.com CC0

Librestock.com CC0

People at Work in Grocery Store by Minerva Studio

used under license from Shutterstock.com

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Find a Job That’s Right for You

Take advantage of benefits by enrolling in Military network programs

• Military Job Networks (MJN) is an exclusive online networking platform created and enabled only for verified U.S. Military Veterans. With 3,600 online private military occupation groups, verified Veterans access private, virtual spaces for true peer-to-peer networking and knowledge sharing. www.militaryjobnetworks.com

Networking is a great skill to acquire when applying for jobs and while at your current job. It’s all about connections!

VA Career Benefits Find a VA Recruiter:• You can get help with a job position and health care

benefits at http://www.vacareers.va.gov/ • You can also look for careers at

http://vaforvets.va.gov/. The Veteran Employment Services Office (VESO) is a strategic program management office that provides employment and career management resources designed to attract, retain and support Veteran employees at VA and across the federal government, including those serving in the National Guard and Reserve. 

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QUESTIONS?

“Silhouette of Surfers at Sunset” by Thomas Fredricksen used under license from Shutterstock.com

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PowerPoint Disclaimer – Attorney advertising. Prior results do not guarantee a similar outcome. Theinformation in this PowerPoint is for general information purposes only. Nothing in this PowerPoint should be construed as legal advice or tax advice for any individual case or situation.

To contact us, email info@taynelaw.comwww.taynelaw.com

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Health & Wealth Relationships• Date: Tuesday, October 11, 2016• Time: 11 a.m. Eastern• Location: https://learn.extension.org/events/2677

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