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The Debt Settlement Process: What is It Works and Risks You Face

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Debt Settlement: How It Does It and the Risks You Take
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 level degree in journalistic studies from Auburn University and a master's in education from Georgia State University. Prior to joining NerdWallet, she worked for newspaper publishers, including daily ones, MSN Money and Credit.com. Her work has been featured throughout the world in The New York Times, The Washington Post, the Los Angeles Times, MarketWatch, USA Today, MSN Money and elsewhere. Twitter: @BeverlyOShea.





Jun 24, 2022


Editor: Kathy Hinson Lead Assigning Editor Personal finance, credit scoring, managing money and debt Kathy Hinson leads the core personal finance team at NerdWallet. Prior to joining NerdWallet, she worked for 18 years with The Oregonian in Portland in positions such as copy desk chief and team director of design and editing. Her previous experience includes copy editing and news for many Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in mass communications and journalism from The University of Iowa.







The majority or all of the items featured on this page are from our partners who pay us. This impacts the types of products we feature and where and how the product appears on a page. But, it doesn't influence our evaluations. Our opinions are entirely our own. Here's a list and .



Table of Contents



Table of Contents





A creditor has accepted less than the amount that you have to pay as a full payment. If it accepts the deal and the debtor isn't able to continue to hound you for the amount and you won't have to worry about the possibility of be sued for the specific obligation.
It seems like a great deal However, it can be risky.
Debt settlement can destroy your credit.
The process of settling a dispute can take a long time achieve -- typically between two and four years.
It can be costly.

If you're successful at debt settlement it could take years before you find that you owe taxes upon any unpaid debt. If you decide to work with an organization for debt settlement and pay for fees, you'll have to pay. It is an option that is only available in the last instance.
Track your debt the easy method
Join NerdWallet to view your current financial breakdown and future payments all in one place.






How debt settlement works


Debt settlement comes into play only if you have a lot of late or skipped payments and perhaps collections accounts. The collector or creditor is not going to accept less than you owe if there's evidence to suggest that you may have owed more than you initially agreed to.
Your finances have been damaged and you'll be feeling lost and your earnings will not be enough to keep up with all your obligations to creditors.
Debt settlement companies deal with creditors to lower the amount you owe on debts that aren't secured like credit cards. It's not an option for specific types of debt like a home that can be foreclosed on or a car that may be taken back. Companies typically don't settle federal student loans however, you may be eligible to . If you're having trouble paying your student loans and need help, this may be a good option for you.
Settlement offers only work in the event that you are unable to pay at all, so you cease making payments on your debts. Instead, you establish an account for savings and make an amount per month there. If the settlement company is convinced that the account has enough to warrant a lump-sum payment and will negotiate on your behalf with the creditor to accept an amount that is less.
Readers can also ask questions.
Do debt consolidation loans hurt your credit?

Debt consolidation can help your credit score if to make timely payments or reduces the balances on the revolving accounts, especially when the balances on your credit cards were exceeding their limit. Credit is affected if you run up credit card balances again and close all or the majority of your other cards or miss a payment on you debt consolidation loan.




What can I do to reduce my credit card delinquence?

The bankruptcy process and debt settlement may reduce or completely eliminate debt from credit cards, but they severely impact your credit. Debt management can lower interest rates, and its effect on your credit is less than it would be. This can lower interest rates too.




How do I reduce my credit card?

Reduce your debt in three steps: 1. Get a handle on your debts. 2. Determine which payoff strategy is going to work for you. 3. Make a plan and monitor your performance.







Risks of debt settlement


Certain debt settlement firms claim they can reduce your debt by 50% and get you debt-free within 36 months.
However, the procedure isn't as simple or as straightforward as it appears. We believe that debt settlement should be the final option.
Here are the potential risks involved with the settlement of debt:
Your credit will be affected: If you're not already in delinquency on your account then you will be when you redirect debt payments towards an account for settlement. Delinquent accounts and debt charged off by lenders remain on your for seven years.
Penalties and interest will continue to accumulate: You'll most likely be hit with late charges and penalty fees too. The interest will continue to accumulate over your account balance.
There's no guarantee that you will succeed The two largest debt settlement companies are and . Freedom Debt, for instance claims to have resolved over $10 billion in debts for more than 650,000 customers since 2002. There's no assurance that the debt settlement firm can resolve your debt for substantially less, as certain creditors don't negotiate with them.
According to a study by the Center for Responsible Lending, which is a non-profit research and policy organization the majority of consumers will need to settle at least four accounts to receive a net benefit. Furthermore, the total amount of debt could increase as fees are accrued and aggressive attempts to collect could continue throughout the negotiation process.
You have to pay the cost in the event of a debt being settled: By law, these businesses are not able to charge you charges upfront. The majority of them 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 eliminated by the settlement.
For example, say you owe $10,000, and an agency agrees to negotiate a settlement for $6,000. The agency charges 25 percent.
If the agency charges a percentage of paid debt, you'll pay the creditor $6,000 while paying the agency $2,500 in charges (25 percent of the total amount enrolled). Total: $8,500.
If the agency is charged a percentage of the eliminated debt, you'd be charged by the creditor $6,000 and the agency $1000 in charges (25% of the $4,000 deleted debt). Total: $7,000.

There are additional charges to pay: Besides the fees due when a debt settles, customers can face other charges, like a setup and monthly fee to maintain the dedicated account that is set up in the program.
The debt that you forgive could be tax-deductible Also, you should consider that Internal Revenue Service generally regards forgiven debt as income. You may want to consult a tax professional about the additional tax obligations you'll have to take when you settle your debt.
If you choose to engage the services of an expert in debt settlement, be careful. It's easy to fall into a state of panic when you're in a state of desperation and you see promises of . A study by the National Consumer Law Center has said debt settlement companies are "almost never worth it and could get consumers into even deeper financial trouble."
The Consumer Financial Protection Bureau takes more of a softer approach, however it still warns consumers, saying that dealing with such companies is risky , and other options should be explored before. Over 350 complaints filed against debt settlement firms to the CFPB in the last year. Most of the complaints included fraud and fees that were too high.
Other options to settle debt


Michael Bovee, a debt settlement coach who is frequently criticizes his industry (he has testified before the Federal Trade Commission in favor more regulation) recommends eliminating your debt through Chapter 7 bankruptcy and starting again, if you have the choice.
For borrowers who are overwhelmed with debts that are not secured such as credit cards, take a look at the alternatives, like . A bankruptcy is generally a better option. A bankruptcy can sully your credit history for years however, the process of rebuilding is able to begin right away. Consultations with bankruptcy attorneys are typically free, though you'll be charged filing and legal fees if you choose this route.
"If you can erase your debts through the form of a Chapter 7 bankruptcy, that's a much better option than trying to reach agreements," says NerdWallet columnist Liz Weston, author of "Your Credit Score" and "Deal With the Debt." "Only if Chapter 7 isn't an option or you choose not to file for bankruptcy or you are unable to qualify for an Chapter 13 repayment plan -If you're considering the possibility of settling your debt."
If you don't qualify for a bankruptcy or don't want to declare one, consider the possibility of a donation through a nonprofit . This option won't typically reduce the amount you have to pay however it could decrease your monthly payment by spreading them out or by reducing the 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 it is the most effective or most appropriate choice for you and you want some assistance in pursuing the debt resolution option, Bovee has tips for picking a good company:
Check with the to see whether there's a complaint history.
Avoid any business who offers money in advance or promises that the debt can be paid.
Be sure that fees are arranged in a proportion of debt eliminated rather than of debt balance at enrollment; that gives the company an incentive to reduce your debt.
Avoid companies that promise to help you challenge the validity of your debts and declare them "invalid" (a method which could backfire and result in more aggressive action against you).

If you're not planning to engage a debt-settlement firm think about hiring a lawyer or do the work yourself.
A lawyer can charge by the hour, have one flat fee per creditor or charge a percentage of the debt or debt eliminated.
Once you're significantly behind, it usually doesn't hurt to approach your creditors. Some banks have hardship programs that could aid. However, make sure you are able to afford any reduced payment options the bank might offer.
If you want to try , educate yourself on what's likely to happen.
It is possible to collect as much cash as you can to make a lump-sum offer, whether this means doing a part-time job selling the sports equipment that's been sitting in the basement, or getting money through your cousin. (Creditors may be likelier to accept a lump sum offer, which gives them money quickly, instead of risking payments that might not come.) Be aware that some creditors may have a policy against settlement of the debt.



Author bio Bev O'Shea was a credit reporter at NerdWallet. Her work has appeared on the New York Times, Washington Post, MarketWatch and elsewhere.







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