To pay old debts, deal with collectors, not original creditors
Dear Liz: I defaulted on my credit cards starting in 2003 because my business was failing. The last account was charged off in 2007. My business is now back and doing well, and I am expecting a nice little windfall in a couple of months. Should I pay these amounts I owe to the collection agencies that have been calling me, or should I contact and pay the creditors from which I obtained the credit cards?
Answer: You can try contacting the original creditors, but most likely they will refer you to the collection agencies. The original creditors have long since taken a tax deduction for their losses and sold the debts to those collectors, so they typically can’t accept payment for these accounts.
The collectors probably paid pennies on the dollar to buy your debts. The older the debt, the less they probably paid. Keep that in mind as you’re negotiating settlements of these debts, because you don’t have to pay 100 cents on the dollar for the collection agencies to realize a considerable profit.
As part of your negotiations, you’ll want to make sure to get the collector’s promise — in advance of any payment from you, and in writing — that it will not resell any unpaid portion of the debt. You may still face a tax liability on this unpaid debt, however, because debt forgiveness is typically considered taxable income.
You also should try to get the collector’s assurance — again, in advance and in writing — that it will stop reporting the collection accounts to the credit bureaus. This won’t eliminate the damage the unpaid debts are having on your credit scores, because the missed payments and charge-offs will remain on your credit reports for seven years and 180 days from when the accounts first went delinquent. But eliminating the collection accounts could boost your scores a bit.
Shifting IRA funds to an annuity
Dear Liz: Our advisor recommended that we convert our rollover IRA to an annuity. We are having difficulty researching this. Any suggestions?
Answer: Unless your advisor is a complete numskull, he probably didn’t mean you should cash out your IRA to invest in an annuity. That would incur a big, unnecessary tax bill.
The idea he’s trying to promote is to sell the investments within your IRA, which wouldn’t trigger taxes, and invest the proceeds in an annuity.
The devil is in the details — specifically, what type of annuity he’s suggesting. If he wants you to buy a variable deferred annuity, you should probably find another advisor or at least get a second opinion. The primary benefit of a variable annuity is tax deferral, which you’ve already got with your IRA. The insurance companies that provide variable annuities, which are basically mutual fund-type investments inside an insurance wrapper, tout other benefits, including locking in a certain payout. Those benefits come at the cost of higher expenses, which is why you want a neutral party — someone who doesn’t earn a commission on the sale — to review it.
If he’s suggesting you buy a fixed annuity, which typically provides you a payout for life, you still should get that second opinion. A fixed annuity creates a kind of pension for you, with checks that last as long as you do. There are downsides to consider, though. Typically, once you invest the money, you can’t get it back. Also, today’s low interest rates mean you’re not going to get as much money in those monthly checks as you would if rates were higher. Some financial planners suggest their clients put off investing in fixed annuities until that happens, or at least spread out their purchases over time in hopes of locking in more favorable rates.
You can hire a fee-only financial planner who works by the hour to review your options. You can get referrals to such planners from Garrett Planning Network, https://www.garrettplanningnetwork.com.
Questions may be sent to 3940 Laurel Canyon, No. 238, Studio City, CA 91604 or via the “Contact” form at asklizweston.com. Distributed by No More Red Inc.
