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Debt Settlement: How it Works and Risks You Face

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The Debt Settlement Process: What is it Works and Risks You Face
By Bev O'Shea personal finance writer | MSN Money, Credit.com, Atlanta Journal-Constitution, Orlando Sentinel Bev O'Shea is a former NerdWallet authority on consumer credit, scams and identity theft. She holds a bachelor's degree of journalism at Auburn University and a master's in education from Georgia State University. Before coming to NerdWallet she worked for daily newspapers, MSN Money and Credit.com. Her work has been featured on The New York Times, The Washington Post, the Los Angeles Times, MarketWatch, USA Today, MSN Money and many other places. Twitter: @BeverlyOShea.





Jun 24, 2022


Edited by Kathy Hinson Lead Assigning Editor Personal finances, credit scoring financial management and debt Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years at The Oregonian in Portland in capacities such as chief of the copy desk and team director of design and editing. Previous experience included news and copy editing for various Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in journalism and mass communications from The University of Iowa.







Many or all of the products featured here are provided by our partners who compensate us. This impacts the types of products we review and the location and manner in which the product is featured on the page. However, this doesn't affect our opinions. Our opinions are entirely our own. Here is a list of and .



Table of Contents



Table of Contents





The term "debt settlement" means that a creditor has accepted less than what you have to pay as a full payment. When it has accepted that offer and the debtor isn't able to continue to hound you for the cash and you don't need to worry about the possibility of be sued for the specific amount of debt.
It sounds like a good deal however, debt settlement could be risky:
Debt settlement can destroy your credit.
Reaching a settlement can take a long time accomplish -- often between two and four years.
It could be expensive.

Even if you succeed at debt settlement, it can take years before you realize that you owe tax for any debt that you have forgiven. If you choose to use a company for debt settlement that charges fees. It is the last option.
Find your debt in a simple way
Join NerdWallet to view your debt breakdown and upcoming payments all in one spot.






How does debt settlement work


The process of debt settlement is only when you have many late or skipped payments and possibly collections accounts. The collector or creditor is not going to accept lesser than you owe when there's evidence to suggest that it was something you originally agreed to.
Your confidence has been destroyed, you will feel hopelessly behind and your income will not be enough to pay all your obligations to creditors.
The companies that offer debt settlement work with creditors to cut down the amount you owe for debts that are not secured, such as credit cards. It's not an option with certain kinds of debt like a home which can be foreclosed or a car that can be taken back. Most companies don't settle federal student loans, but you might be able to . If you're having trouble paying your student loans, an might help you.
Settlement options are only useful when you don't pay at all, so you cease making payments on your debts. Instead, you establish an account for savings and make a monthly payment there. If the settlement company is convinced that the account has enough for a lump sum offer the company will negotiate on your behalf with the creditor to agree to a smaller amount.
Readers may also have questions.
Do debt consolidation loans hurt your credit?

Debt consolidation may help your credit if it helps to make timely payments or reduces the balances on credit cards, particularly if credit card balances were near their limit. Your credit score will be affected if you rack up credit card balances again, close most or all of your remaining cards, or make a late payment on the loan for debt consolidation. loan.




How do I reduce my credit card debt?

Bankruptcy and debt settlement can decrease or erase credit card debt however, they have a significant impact on your credit. Debt management reduces interest ratesand the impact on credit is less severe. This can lower interest rates as well.




How can I cut down my credit card?

Reduce your debt in three steps: 1. Find out what you owe. 2. Determine which payoff strategy is going to work for you. 3. Set a goal and keep track of your improvement.







Risks of debt settlement


Certain debt settlement firms claim they can cut the amount of debt you owe by 50 percent and make your debt free in only 36 months.
But, the process isn't as simple or as straightforward as it appears. We believe that it is advisable to settle debt as the final option.
Here are the risks that come with debt settlement:
Your credit score will suffer a blow If you're not in debt on your accounts and you're not, you'll be after you redirect debt payments towards an account for settlement. Debts that are owed and owing off by lenders will remain on your credit for a period of seven years.
Interest and penalties continue to accrue: You'll probably be slapped with late charges and penalty charges as well. Interest will keep racking up on your balance.
There's no guarantee that you will succeed The two biggest debt settlement firms are . Freedom Debt, for instance, says it has settled over $10 billion in debts for more than 650,000 customers since 2002. But there's no guarantee that the debt settlement firm can settle your debt much less, given that certain creditors don't negotiate with them.
According to a study by the Center for Responsible Lending, an independent research and policy organization that surveyed consumers, the majority would need to settle at minimum four accounts before receiving the net gain. In addition, debt totals may rise as fees accrue and aggressive collection efforts may continue during the negotiation process.
You have to pay a fee for each debt that is settled according to law. firms aren't able to charge up front fees. They typically have a percentage charge for every settlement, which is based upon the amount of debt at the time you joined into the program. Some charge a portion of the debt that is eliminated through the settlement.
For instance, let's say you owe $10,000 and the agency negotiates a settlement of $6,000. The agency will charge 25 percent.
If the agency has a fee based on the amount of settled debt, you'd pay the debtor the amount of $6,000 and pay the agency $2,500 in charges (25% of the $10,000 amount enrolled). Total: $8,500.
If the agency charges a percentage of eliminated debt, you'd have to pay the creditor $6,000 and the agency $1000 in charges (25 percent of the $4,000 deleted debt). Total: $7,000.

Additional fees will be charged: Besides the fees due when a debt settles, customers can face other charges, like an initial setup fee and a monthly fee to maintain the special account set up under the program.
If you have forgiven your debt, it could be tax deductible Also, you should be aware that the Internal Revenue Service generally regards forgiven debt as income. You might want to talk to an expert in taxation regarding any the additional tax obligations you'll have to take when you settle your debt.
If you decide to enlist the services of the debt settlement expert, be careful. It's easy to lose your guard when you're desperate and you see promises from . The National Consumer Law Center has stated that debt settlement firms are "almost not worth the money and may cause consumers to be in deeper financial trouble."
The Consumer Financial Protection Bureau takes more of a softer approach, however it still warns consumers, saying that dealing with these companies is risky and that other options should be explored before. There have been over 300 complaints about debt settlement firms to the CFPB since 2014. Most of the complaints included excessive fees and fraud.
Other options to settle debt


Michael Bovee, a debt settlement coach and a frequent critic of his business (he has been a witness before the Federal Trade Commission in favor more regulation) He advises you to erase your debt by filing Chapter 7 bankruptcy and starting from scratch, if you've got the choice.
For borrowers who are overwhelmed by unsecured debt like credit cards, consider how your options compare, like . A is almost always a better option. Yes, a bankruptcy will sully your credit history for years however the process of rebuilding is able to begin right away. Consultations with a bankruptcy attorney are generally free, however you'll pay legal and filing fees if you decide to go this option.
"If you're able to eliminate your debts through a Chapter 7 bankruptcy, that's an excellent alternative to trying to reach agreements," says NerdWallet columnist Liz Weston, author of "Your Credit Score" and "Deal With the debt." "Only in the event that Chapter 7 isn't an option or you choose not to file bankruptcy, or you can only be considered for the Chapter 13 repayment plan -- should you consider debt settlement."
If you aren't eligible for a bankruptcy or don't intend to file one, you might consider the possibility of a donation through a nonprofit . Going that route will not generally reduce the amount that you must repay, but it may reduce your monthly payments by spreading them out, or through lowering your interest rate. It's less likely to have an impact on your credit than either bankruptcy or a debt settlement.
If you decide to try settlement


If you feel that you're in the right or most appropriate choice for you and would like some assistance in pursuing debt settlement, Bovee has tips for picking a good company:
Find out the complaint history.
Beware of any company who offers money in advance or guarantees your debt will be paid.
Make sure fees are structured as a percentage of debt reduced instead of debt balance when you enroll which gives the business the incentive to cut down on your debt.
Beware of companies who promise to help you challenge the validity of your debts and declare them "invalid" (a strategy which could backfire and result in more aggressive actions against you).

If you don't want to engage a debt-settlement firm think about hiring an attorney or do it yourself.
A lawyer may bill by the hour, offer one flat fee per creditor, or be charged a percentage of the debt or debts that are eliminated.
If you're in serious debt the payments, it's a good idea to approach your creditors. Certain banks offer hardship programs which could be able to aid. However, make sure you are able to pay for any payment plans that your bank may provide.
If you want to try learn about what's likely to happen.
It is possible to collect enough cash can to make a lump-sum offer, whether that's working part-time selling the sports equipment which has been sat in the basement, or getting money through your cousin. (Creditors are more likely to take a lump-sum offer, which gives them money immediately, rather than risking the possibility of not receiving payments.) Be aware that some creditors may have a policy against settling debts.



Author bio Bev O'Shea worked as a writer for credit at NerdWallet. Her work has been featured in publications such as the New York Times, Washington Post, MarketWatch and elsewhere.







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