Every
Debt Settlement company in our network is a member of (TASC) The
Association of Settlement Companies. This trade association has
developed a standardized industry disclosure for consumers.
Debt settlement - How to get rid of debt without
filing bankruptcy
If you're knee
deep in debt, cannot pay your bills and wish to avoid collection
calls, you may consider debt settlement (also known as
debt negotiation). This is when you negotiate and reduce the
outstanding debt by 40-60% of the amount you owe. The creditor
forgives the remaining debt thereby helping you to get out of
debt faster.
5 Benefits of
debt settlement (or credit card debt settlement)
Whether you go
for credit card debt settlement program, or settlement on
personal loans, payday loans etc, you get the 5 benefits
as given below.
-
Avoid
bankruptcy: With debt settlements, you can reduce your
debt burden and pay off bills comfortably. You can negotiate
with the creditors or collection agency (CA) and settle your
debts for as much as you can afford to pay. Thus, you don't
need to file Chapter 7 bankruptcy. There are chances of
losing your home or car in bankruptcy wherein your assets
are sold off to pay your creditors.
-
Single
payment: Instead of paying multiple bills each month,
you'll have to make a single monthly payment to the
settlement company. The monthly payments are accumulated in
a trust account in order to be paid off to your creditors/CA
after negotiation. So, you can avoid the stress of paying
debts at different rates and dealing with several creditors
at a time.
-
Avoid
unfair collection practices: You can avoid unfair
collection practices and harassment by debt collectors if
you negotiate a settlement.
-
Eliminate
extra charges: The settlement company can try and
eliminate late payment fees, if any. Any over-the-limit fees
on credit cards can also be minimized or eliminated by way
of settlement.
-
Avoid
lawsuit & other legal actions: Creditors or the CA can
file a lawsuit, get a judgment order and garnish your wages
or place lien on your property. You may be able to avoid
such legal actions if you're in a settlement program.
How settlement (or credit card debt settlement) works
Debt settlement companies offer a settlement program wherein
they negotiate with your creditors/CA in order to settle the
debt for less than what you owe. The companies charge an upfront
fee for their services. Given below is an example of how debt
settlement or credit card debt settlement works.
How credit card debt settlement works - An example
Let's say Jesse owes a total debt of $100,000 on 5 credit cards.
She is finding it difficult to keep up with the minimum
payments. She has earlier consulted a credit counseling agency
but the monthly payments they negotiated with her creditors were
too high for her to pay. Jesse doesn't want to file bankruptcy
as she does not want to involve the court. So, finally Jesse
ends up working with a credit card debt settlement company XYZ.
Here are the 4 steps on how Jesse could settle credit
cards and pay off her dues.
-
Stop
payment to creditors: The representative at the credit
card debt settlement company asks Jesse to stop paying her
creditors and deposit a certain amount monthly into a
savings account (i.e. a trust account that XYZ creates for
Jesse).
-
No more
handling of collection calls: While Jesse starts falling
behind on her payments, she may receive collection calls,
which are effectively handled by the representative. Jesse
doesn't have to handle such harassing calls on her own.
-
Negotiation starts soon after: As Jesse accumulates good
amount of dollars into the trust account, the representative
at the credit card debt settlement company starts
negotiating with her creditors one by one.
-
Debt is
reduced by 40-60%: Finding that Jesse won't be able to
pay enough, her creditors agree to accept a reduced amount,
say around 40-60% of her outstanding bills.
While Jess pays off one debt, she waits for better offers from
other creditors. She makes sure that any extra money coming in
would be used to pay off her bills. Finally, after a period of 2
years, Jesse is able to settle credit cards debt with all her
creditors.
Whether it's a credit card debt settlement program or one which
includes other dues, you should stop paying your creditors
initially. Instead, send in those payments to your settlement
company. Otherwise, you cannot gather enough funds to settle
credit cards dues and other bills.
Once you have enough funds deposited into the trust account,
debt settlement (or credit card debt settlement) companies
negotiate with your creditors/CA and attempt to stop all
collection efforts.
Debts you can settle
Credit card debt settlement is quite common. Other than
unsecured credit cards, medical bills, gas/store cards, personal
loans etc can also be settled. But tax debts, alimony, child
support, mortgages, car loans and federally insured student
loans are excluded from a settlement program.
How much to pay for settlement
Debt settlement companies charge 25-35% of the debt balance that
is forgiven under the program. The fees are based on:
-
How much you owe in total
-
Number of debt accounts you have
-
How much you'll save by settlement
How long it takes to settle debts
It usually takes 2-4 years to complete a credit card settlement
program or settle personal loans, medical bills and other dues.
The period of completion depends upon your total debt amount.
Creditors may not sue after settlement
Once you negotiate debt settlements with your creditors/CAs,
they may not come after you for the balance. It is illegal in
many states such as Arkansas, Texas, Georgia, Michigan,
Washington etc. However, in other states such as Alabama,
Delaware etc, the creditor retains his right to sue you under
certain conditions.
You may owe taxes
Once you go for
credit card settlement or settle other debts, creditors will
forgive a percentage of what you owe. This forgiven debt, known
as cancellation-of-debt (COD) income, is taxable as per IRS
guidelines.
How to choose
best debt settlement companies
In order to find
out the best debt settlement usa companies, you need to check
out the following details:
-
Company
profile: You need to check the profile and service
background of debt settlement companies and then choose the
one that suits you.
-
Company
accreditations: These include the certifications that
the debt settlement companies have obtained so far. For
instance, you may check their BBB reports and find out what
they say about debt settlement (or credit card settlement)
companies. There are other accreditations such as being a
member of the TASC ("http://www.tascsite.org/index.php"),
IAPDA ("http://www.iapda.org/") certification etc.
-
Program
fees and costs: You need to find out what fees are
charged by debt settlement companies. Compare the fees and
then choose the best debt settlement usa companies you can
deal with.
-
Client
testimonials: Look out for testimonials and feedback
given by debtors on the services of the debt settlement usa
companies. You can also ask your friends and associates
about reputable debt settlement companies they have dealt
with.
Debt settlement
program provides an easy way out of debt. However, your credit
score is likely to go down when you stop paying creditors and
save money for debt settlement (or credit card debt settlement).
But you can repair your score by using a secured credit card, or
a gas/store card. Such cards are easily available even if you
have a poor credit history. Besides, you need to pay off other
bills on time while you settle credit cards and other debts
using the services of debt settlement companies.

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