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The Debt Settlement Process: What is It Does It and the Risks You Take

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The Debt Settlement Process: What is 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. Before joining NerdWallet, she worked for newspaper publishers, including daily ones, MSN Money and Credit.com. Her work has been featured in The New York Times, The Washington Post, the Los Angeles Times, MarketWatch, USA Today, MSN Money and other publications. Twitter: @BeverlyOShea.





Jun 24, 2022


Written by Kathy Hinson Lead Assigning Editor Personal finances, 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 at The Oregonian in Portland in capacities such as chief of the copy desk and team director of design and editing. Her previous experience includes news and copy editing at many Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor's in journalism and mass communications in The University of Iowa.







Many or all of the products featured here come from our partners, who pay us. This affects the products we write about and the location and manner in which the product appears on the page. But, it doesn't influence our evaluations. Our views are our own. Here's a list of and .



Table of Contents



Table of Contents





A creditor has agreed to accept less than the amount that you owe in full as a payment. Once it accepts that deal it is no longer able to pursue you for amount and you won't have to be concerned about whether you'll get sued over that particular obligation.
It may sound like a great deal However, it can be risky:
Debt settlement can destroy your credit.
Reaching a settlement can take a long time achieve -- typically between two and four years.
It could be expensive.

If you're successful in debt settlement, it can take years and you may realize that you owe tax on any forgiven debt. And if you use 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
Sign up to NerdWallet to view your current financial breakdown and future payments all in one spot.






How do you deal with debt


The process of debt settlement is only when you've got many late or skipped payments and possibly collections accounts. A creditor or collector will not agree to pay less than you owe if there's evidence to suggest that it was something you originally agreed to.
Your confidence has been destroyed and you'll feel lost and your earnings isn't enough to keep up with your debt obligations.
Debt settlement companies work with creditors to cut down the amount you owe on debts that aren't secured like credit cards. This is not an option for certain types of debt, such as a house that is foreclosed or a car that can be taken back. Companies typically don't deal with federal student loans but you may be able to . If you're struggling with 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 stop making payments on your debts. Instead, you establish an account for savings and make the monthly installment in it. If the settlement company is convinced that the account is adequate for a lump sum offer and negotiates on your behalf with the lender to accept the lesser amount.
Readers can also ask questions.
Do debt consolidation loans hurt your credit?

Debt consolidation can help your credit score if you make on-time payments or decreases the balances of revolving accounts, especially if the balances on your credit cards were exceeding their limits. Your credit if you run up credit card balances again and close all or the majority of your remaining cards, or miss a payment on you debt consolidation loan.




How do I reduce my credit card delinquence?

Debt settlement and bankruptcy can reduce or erase credit card debt however they can severely affect your credit score. Debt management can lower interest rates, and its effect on your credit is less significant. It can also reduce the interest rate as well.




How can I cut down my credit card?

Reduce your debt in three steps: 1. Get a handle on the amount you owe. 2. Assess which payoff strategy will best suit your needs. 3. Set a goal and track your performance.







Risks of debt settlement


Some companies offering debt settlement say they can reduce your debt by 50% and get debt-free in just 36 months.
However, the procedure is not as clear-cut or as straightforward as it appears. In our opinion, it is advisable to settle debt as the only option in the end.
Here are the potential risks involved with the settlement of debt:
Your credit rating will suffer a blow If you're not delinquent on your accounts then you will be when you transfer debt payments to the settlement account. Debts that are owed and owing off by lenders will remain on your for seven years.
Penalties and interest continue to accumulate: You'll most likely be hit with late fees and penalty charges as well. Interest will keep racking up on your balance.
There's no guarantee of success: The two largest debt settlement companies are and . Freedom Debt, for instance, says it has resolved greater than 10 billion dollars worth of debt for more than 650,000 customers since the year 2002. However, there's no guarantee that the company can resolve your debt for much less, given that certain creditors don't negotiate with them.
According to a study by the Center for Responsible Lending, a nonprofit research and policy institute, most consumers would have to settle at least four accounts before receiving a net benefit. Additionally, the amount of debt may rise as fees accrue and aggressive attempts to collect might continue throughout the negotiation process.
There is a fee when a debt settles according to law. businesses are not able to charge you upfront fees. The majority of them charge a percentage of each amount they pay, depending on that amount of debt at the time you joined it in the program. Some charge an amount of the debts that are eliminated through the settlement.
For instance, let's say you owe $10,000, and the agency negotiates a deal for $6,000. The agency will charge 25%.
If the agency charges a percentage of paid debt, you'll pay the creditor $6,000, and the agency $2,500 in fees (25% of the $10,000 balance enrolled). Total: $8,500.
If the agency has a percentage charge for eliminating debt, you'd have to pay the lender $6,000 and the agency $1,000 in fees (25 percent of the $4,000 debt that was eliminated). Total: $7,000.

Additional fees will be charged In addition to the fees that are due after the debt is paid off clients may be charged additional fees, such as the setup fee and the monthly cost to maintain the dedicated account that is set up in the program.
Forgiven debt may be taxable It is important to know that Internal Revenue Service generally regards forgiven debt as income. You may want to consult a tax professional about additional taxes you'll be liable upon settling your debt.
If you choose to engage the services of an expert in debt settlement, be careful. It's easy to let your guard down when you're in a state of desperation and you see promises made by . It's been reported that the National Consumer Law Center has declared that debt settlement companies are "almost not worth the money and may get consumers into even more financial difficulties."
The Consumer Financial Protection Bureau takes a somewhat softer view, but still cautions consumers strongly about dealing with such companies is risky and that other options should be explored first. There have been more than 330 complaints against debt settlement firms to the CFPB from 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 industry (he has testified before the Federal Trade Commission in favor of greater regulation), advises erasing your debts by filing Chapter 7 bankruptcy and starting over, if you're given the option.
For borrowers who are overwhelmed by debt that is not secured, such as credit cards, think about how your options compare to . It is usually a better option. Yes, a bankruptcy will affect your credit score for a long time however, the process of rebuilding can begin immediately. Consultations with bankruptcy attorneys are usually free, but you'll be charged filing and legal fees if you choose this route.
"If you're able to eliminate your debts through a Chapter 7 bankruptcy, that's a much better option than trying to settle settlements," says NerdWallet columnist Liz Weston, author of "Your Credit Score" and "Deal with Your Credit." "Only in the event that Chapter 7 isn't an option and you decide not to file for bankruptcy or you can only qualify for the Chapter 13 repayment plan -If you're considering the possibility of settling your debt."
If you're not eligible to file a bankruptcy or wish to make one happen, consider a offered through a nonprofit . The option you choose to take won't typically reduce the amount you have to pay but it can decrease your monthly payment by stretching them out or through lowering your interest rate. It will have less impact on your credit than either bankruptcy or the debt settlement.
If you choose to go for settlement


If you think debt settlement is the best option for you, and you'd like some help with the debt resolution option, Bovee has tips for selecting a company with care:
Find out whether there's a complaint history.
Stay away from any company which offers cash in advance or guarantees that the debt can be paid.
Make sure fees are structured in a proportion of debt canceled instead of debt balance at enrollment and gives the company the incentive to cut down on your debt.
Beware of companies who promise that they will help you contest debts to have them declared "invalid" (a tactic which could backfire and result in more aggressive action taken against you).

If you don't want to use a debt-settlement company you might want to consult a lawyer or do the work yourself.
Lawyers can bill by the hour, offer one flat fee per creditor or charge a percentage of the debt or debt eliminated.
If you're seriously behind you are, it's not a bad idea to contact your creditors. Some banks have programs for hardship that could assist. But be certain you can afford any reduced payment options your bank may offer.
If you're interested in trying , educate yourself on what's likely to happen.
It is possible to collect enough cash are able to to make a lump-sum offer, whether that's taking a part-time job or selling equipment for sale that's been sitting in the basement, or borrowing money from your cousin. (Creditors are more likely to take a lump-sum offer, which gives them money immediately, rather than risking payments that might not come.) Also be aware that some creditors may have a rule against settling dues.



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







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