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1. What exactly is debt settlement?
Debt settlement is sometimes called debt negotiation or debt arbitration. It's where your lenders accept less money than you actually owe but agree to treat the debt as paid in full.
2. How a debt settlement program works
The way a debt settlement program works is that when you sign up, you make monthly payments to the debt settlement company, which is deposited into a trust account. You are then not required to make any more payments to your creditors. Only you can manage your trust account and you do this through a secure login. When you have deposited enough money into your account, the debt settlement company will begin negotiations with your creditors.
In these negotiations, the debt settlement company will work with your creditors or collection agencies to settle your debts for sums that are acceptable to both you and your creditors. Once the settlement company has settled on an amount with your creditors, you then pay off the settlement either in installments or as a lump sum. Debt settlement usually means a substantial reduction in the amount of your outstanding debt. However, how much of a reduction that you get will depend mostly on how good the debt settlement company is.
Here's a short video that explains a bit more about debt settlement and how much of a reduction you could expect based on the type of your debt.
3. When it makes sense to choose debt settlement
- There are certain circumstances where debt settlement makes sense. They are:
- You can't pay your bills
- You have unsecured debts
- You could repay if your debts are reduced
- You're thinking of declaring bankruptcy
- You’re five to six months behind in your payments
4. Debt settlement is legal
There is nothing at all that’s illegal about debt settlement. In fact, it is one of the most popular options for paying off debts. Unfortunately, there are swindlers that have made money off people struggling with debt. Fortunately many of them have been shut down because of their failure to comply with state and federal laws.
5. Why lenders accept debt settlement offers
If a lender accepts a debt settlement offer it is forgiving a part of your debt. This means it’s losing money on the deal. So why would a lender agree to work out a debt settlement? It's because they are smart people. They understand that when your finances are in very bad condition, you could decide to file for bankruptcy. In this case, your creditors would recover very little if any money from you. This makes debt settlement a better deal for them because they will get back at least a significant part of what you owe.
6. The biggest pros and cons of debt settlement
The biggest pro of debt settlement is that you will have your debts reduced and you will no longer have to put up with debt collectors. In addition, debt settlement can help you avoid the hazards of bankruptcy, which can be severe. As an example of this, if you were to file for a chapter 7 bankruptcy, your credit score would probably drop by 180 to 200 points, you will have a tough time getting any new credit for two to three years and the bankruptcy will stay in your credit report for 10 years.
The biggest con to debt settlement is that your credit score may drop although it won’t be as severe as if you had filed for bankruptcy. The reason for this is that any time you don’t pay back the full amount of the debt, your lenders will report the account as “paid as agreed” or “paid as settled” to the credit reporting bureaus. And this will stay in your credit report for seven years. However, if you’re already having a serious problem with debt, this might not be that big a negative.
7. How long debt settlement usually takes
How long it would take you or a debt settlement company to settle your debts will depend on how many debts you have, the type of debts and the amount of money you would have to pay for your settlements. In general, debt settlement programs require two to three years. However, the more you owe, the longer it will take. For example, if you owe $10,000 or more, it might take you two to four years to complete your program.
8. How to know you would be eligible for debt settlement
Debt settlement isn't for everyone and although it can be beneficial, not everyone will qualify. However, it is likely that your lenders will agree to settle your debts if you have defaulted on a loan, are continuously missing payments and have some source of income. You would also likely be able to have your debt settled if you have a very large amount of debt and are facing a financial hardship.
9. Why choosing a debt settlement company could be better than doing it yourself
You might be able to do debt settlement yourself, depending on what kind of person you are. You need to be patient, a good negotiator and able to understand complicated legal documents. Plus, you must have the cash available to pay for any settlements you are able to negotiate because that's one of your chief bargaining tools – that if the lender will settle with you for less than you owe, you will send immediate payment. If you don't have the requisite cash on hand to pay for your settlements or if you don't feel that you would be good at negotiating with lenders, your best option would be to turn your debts over to a professional debt settlement company.
10. How to select good debt settlement company
There are numerous debt settlement companies available via the Internet but as noted previously, some of them are swindlers. Here are some tips that could help you select a good and ethical one.
- Does the company require you to pay an upfront fee? It is actually illegal for debt settlement companies to charge upfront fees but some will try. Avoid them at all costs.
- How much does the debt settlement company charge? Ethical debt settlement companies will tell you upfront how much they charge for their services. If fact the good ones won’t charge you anything until they have settled your debts to your satisfaction and presented you with a payment plan that you approve.
- Read reviews. There are reviews available of all the top debt settlement companies. Check them out to make sure that most of the reviews are positive. Some of them will be negative as that's just the nature of the business – it's impossible to make everyone happy when it comes to money and debt.
- Check with the Better Business Bureau. The top debt settlement companies will be members of the Better Business Bureau and will have a rating of at least an A.
- Make sure it's licensed in your state. Not all debt settlement companies are licensed in every state. Be sure to check to make sure the company you're thinking of using is licensed in your state.
- Be certain to understand your contract. Your contract with a debt settlement company should be clear and easy to understand. If the one you're offered is complex, complicated and difficult to understand you should either take it to a friend or an attorney for help or find another company.