Debt Settlement – Do it Yourself!

Under a debt settlement arrangement your creditor agrees to accept a lump sum payment of less than your account’s balance to resolve fully your debt. If you have a bundle of cash, debt settlement is a legitimate option for taking care of high-interest, unsecured debts.

But don’t hire anyone or any company to settle your debts. You can effectively settle debts yourself. Debt settlement company fees are high and generally non-refundable. If a settlement company can persuade one of your creditors to take less than the full balance to resolve a debt, then so can you.

What Debt Settlement Companies Do
A debt settlement company claims it will, for a fee, persuade your creditors to take as little as half of what you owe to resolve your debt. Sounds good! Since you probably don’t have a bunch of cash laying around, you’ll pay the debt settlement company a series of monthly payments. First, know that typically your payments go 100% toward the settlement company’s fee until the fee is paid. Only after the fee is paid do you start building a settlement fund. When you’ve built up enough in your debt settlement account, the company will try to settle one of your debts.

Here’s the Catch
Your creditors have agreed to nothing. During the many months you are making payments to the debt settlement company, the creditors you’ve been told will settle are starting or continuing aggressive collection activity. You get phone calls and letters and worse, and you could be sued and face garnishment while the debt settlement company is holding your money. Telling creditors that you’ve signed up for a plan with Settlements-’R-Us, Inc. and are making monthly payments will carry no sway whatsoever with your creditors. They won’t care. To avoid garnishment, you could be forced into bankruptcy. You can get back from the debt settlement company the money in your account, but the fee you’ve paid is probably gone forever, even if the company didn’t settle a single debt for you.

The moral of this story? Never consider signing up with a debt settlement company unless you get from each creditor involved a document, on the creditor’s letterhead, that states the creditor will accept a specific dollar amount on a specific date in the future to totally resolve your debt, AND, in the meantime, the creditor won’t pursue collection of the debt.

If you do have a lump of spare cash, you should consider doing your own settlement, along with other options, to pay off unsecured debts. Keep the following in mind:

* You need an Emergency Savings fund. Don’t use every spare penny you can scrape together to settle a debt and leave yourself vulnerable.
* It’s a poor idea to withdraw money early from a retirement account to pay toward debt.
* If you settle a debt, the creditor will probably report the amount “forgiven” to the IRS. The IRS considers forgiven debt to be part of your income, and you likely will owe income tax on it on April 15th of the next year. Your debt settlement strategy must include a plan for having the cash to pay the tax on the forgiven debt. You don’t want to come out of a debt settlement with new IRS debt.
* Because you would be repaying less than the full amount due, debt settlement has a much worse impact on your credit score than any method that would result in full repayment of the debt, like a Debt Management Plan. After a debt settlement is done, your credit report should show the settled debt balance as $0, but may also show a notation-the exact wording is negotiable-to the effect of “less than full balance paid.” This notation may stay on your credit report for up to seven years after settlement.

With Those Cautions in Mind, Here’s How to Settle a Debt

1. Understand the source of your power in the settlement negotiation: You may not pay the debt at all. Before any creditor will agree to settle a debt, it must be convinced it will be better off accepting 40% or 50% of the total balance today instead of trying to collect 100% of the debt over many future months or years. This means few creditors will negotiate a debt settlement until the account is seriously past due and successful collection is clearly, from the creditor’s point of view, in doubt.
2. If you reach a settlement agreement, the creditor will want the payment in a lump sum right away. Don’t start settlement negotiations until you have in hand the cash you’ve decided you can spare for debt settlement.
3. Write a letter to the creditor proposing a specific settlement. You can find many example debt settlement letters on the Internet by searching “debt settlement example letter.” Photocopy for your records this and all correspondence with the creditor. Send all creditor correspondence by certified postal mail, delivery receipt requested. E-mail is not acceptable.
4. What dollar amount should you propose as a settlement? There is no pat answer to this question because it depends on the situation. The more severely delinquent the debt, the less the creditor is apt to settle for. The lower the creditor judges the odds of collecting the debt in full, the less the creditor is apt to settle for. If you’ve missed two payments on a credit card debt, the credit card company is unlikely even to engage in settlement negotiations, period. But if you stopped paying on a credit card debt two years ago and the credit card company has charged off the debt and sold it to a collection agency, and you’ve paid the collection agency nothing and ignored their collection letters and calls, and your credit score is in the dumps, you may find the collection agency willing to agree to a settlement very favorable to you. Most settlements end up at 40%-60% of the original balance. As with any negotiation, you’ll want to leave room to improve your offer, so in most cases it’s probably smart to offer less than 40% of the balance.
5. Say you’ve decided you have $3,000 of spare cash you can devote to settling a $6,000 debt. Start negotiations by offering less than $3,000, perhaps $1,500 or $2,000. If the creditor counters your offer with $4,000, you can, if you choose, improve your offer to $2,500 or $3,000, but don’t offer or agree to a settlement over the $3,000 you’ve decided you can spare. If the creditor won’t budge, politely end the negotiation by inviting the creditor to re-contact you by letter if it reconsiders.
6. If a creditor answers your offer letter by telephone, make detailed notes of any proposals made in the phone call and include in your notes the date, time, and caller’s name and employee ID number. Agree to nothing on the telephone. Even if a verbal counter offer is acceptable to you, tell the caller you need the offer in writing before you will agree to it. If the creditor refuses to make the offer in writing, tell the caller you will not agree to any settlement that’s not documented in writing, and politely end the call with an invitation to the creditor to re-open negotiations with a letter specifying all terms of its settlement offer.
7. Do not agree to any settlement offer unless it’s in writing and 1) names the dollar amount agreed to; 2) names the date by which the settlement amount must be received by the creditor; 3) states that the creditor agrees that this dollar amount will fully resolve the debt and it will not pursue further collection; 4) states the creditor agrees to report the account balance as $0 to all credit bureaus that include the debt on your credit report; 5) includes the exact wording of the notation, if any, that the creditor intends to send to the credit bureaus indicating less than full repayment.
8. Once you have in hand a written settlement agreement acceptable to you, make the settlement payment promptly, by cashier’s check or money order and keep the receipt that accompanies the check or money order. Send the payment by certified mail, and be sure to get a receipt from the postal service indicating the date of delivery to the creditor. Don’t cut it close-mail your payment at least 15 days prior to the due date in your settlement agreement.
9. Follow-up: Get every four months your free annual credit report from one of the three reporting bureaus. Examine closely each of the three free credit reports you’ll get over the next year. If the settled debt still appears, the balance should be $0. If the creditor agreed to specific wording for any notation that appears with the debt record, you should see only that wording.
10. If the creditor fails to live up to the written settlement agreement, don’t waste your time contacting the creditor. Instead immediately pursue resolution by following the Federal Trade Commission’s procedures for disputing information on your credit report. Your evidence is the written settlement agreement from the creditor, your cashier’s check or money order receipt, and the postal service receipt showing the date the payment was delivered to the creditor.

Finally, nothing above is legal advice. Consult an attorney to assure a legally binding, watertight settlement agreement with a creditor.

Kurt Fischer is a certified credit counselor and founder of http://www.MyMoneyCounselor.com

Article Source: http://EzineArticles.com/?expert=Kurt_Fischer

Kurt Fischer – EzineArticles Expert Author

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Debt Settlement – Your Questions Answered

For many people, the decision to eliminate credit card debt through debt settlement is a difficult one to make. This is due to the fact that most consumers aren’t well-educated in the area of debt settlement.

Over the past several years I’ve been asked numerous questions regarding the process of debt settlement, and have summarized those inquiries below:

What type of debt can be negotiated through debt settlement?

The majority of the debt you’re attempting to negotiate with your creditors would be unsecured credit card debt, as it allows a greater amount of leverage when negotiating, and the end result will likely be a satisfactory settlement to both the debtor (consumer) and creditor. Department store charge cards, financing contracts, medical bills and miscellaneous debts are also negotiable, even though it’s been my experience that the results are not quite as predictable as standard credit cards. Unfortunately, government sponsored student loans cannot be negotiated or discharged.

How are my creditors paid when a settlement is reached?

Once a settlement has been negotiated with a creditor, obviously the settlement amount is then forwarded to that creditor. It’s important to understand, prior to signing up for a debt settlement program, that the settlement funds must be available once a settlement agreement has been reached with a creditor. If it’s unlikely that you can realistically accumulate these funds, either from a savings account, retirement account, home equity loan or a friend or relative, unfortunately you simply won’t qualify for this type of program. Fortunately, most creditors will accept settlement payments via 4-6 monthly installments. This has helped many individuals successfully follow through with their commitment to settle their accounts.

Will my credit score be affected?

Debt settlement is reported to the credit bureaus as “account settled for less than the full balance” or “account settled”. Keep in mind, however, that credit card accounts that have been settled appear positively on credit reports when compared to bad debt, or a bankruptcy. Your credit rating may decline initially, but only until the debts can be removed from your credit report. It’s important to remember, however, that your credit rating will improve due to the fact that one of the most important factors used when determining a credit score is the amount of debt you actually owe. Individuals who have successfully completed a debt settlement program generally experience an overall improvement in their credit score within twelve months. If you’ve found it difficult to keep up with the minimum monthly payments to your creditors, there’s a very good chance that the debt has already been reported as delinquent, which has most certainly affected your credit rating already. Generally this also means that you have a high amount of debt appearing, further contributing to a poor credit score. Remember a lender looks at many factors to determine credit worthiness, your credit score is just one of them. If you eliminate your outstanding debt, your credit worthiness improves dramatically.

Will I owe income taxes on the forgiven debt?

Banks are required to report canceled debts over $600 to the IRS and consumers are required to report that canceled debt as income on their tax return. The IRS does permit you to write off any “income” from canceled debts up to the amount by which you were “insolvent” at the time. Unless you have a positive net worth (highly unlikely if you are deep in debt) then you usually won’t have to pay taxes on the forgiven amounts.

Can I continue to use my credit cards?

No, you will not be able to continue using your credit cards. Not necessarily a bad thing, since high interest credit cards have gotten many people into a financial situation that they just haven’t been able to pull out of. When you enter a debt settlement program, most firms will require that you discontinue any further use of your cards. Some debt settlement companies, however, do suggest that you keep one card available for emergencies, generally with quite a low credit limit to avoid getting yourself any further in debt.

How long does the debt settlement process take?

The length of time to complete your program will depend on the current status of your accounts, the amount of debt you owe and the source from which you’ll be relying on for settlement funds. Some individuals can complete the process of debt settlement within 30 days, while others can take as long as three years. Your individual situation is what determines how long the entire process will take.

Is debt settlement similar to consumer credit counseling?

No. Credit counseling services usually work for your creditors, as they are (at least partially) funded by your creditors, earning a percentage of what you pay to your creditors. In most cases, you will be expected to pay 100% of your debt, sometimes with reduced interest, by making smaller payments over a longer time period. Because credit counseling makes its money by earning a percentage of the amount you pay your creditors, their incentive is to get you to pay 100% of your debt, rather than to sit down and negotiate a reduced settlement amount with your creditors. Unlike consumer credit counseling, debt settlement allows you to be free from monthly payments after you’ve paid the entire negotiated settlement amount via a lump sum payment or a few monthly installments.

What amount of money will I need to enter a debt settlement program?

While many debt settlement firms have seen excellent results through debt settlement using tested and proven procedures, just like a good surgeon can’t guarantee the outcome of an operation, most can’t guarantee what each settlement with your various creditors will be. Reputable firms have consistently produced some very positive success stories for their clients, and while past performance is a good indicator of the results you may expect, it is certainly no guarantee of future results.

Can I negotiate with my creditors without hiring a debt settlement firm?

Negotiating your debt by yourself is possible, but it’s not likely that the end result will be a positive one. Banks rarely take debtors seriously and are well prepared for the amateur do-it-yourself negotiator; as a matter of fact, most representatives at your credit card companies have prearranged scripts waiting for your phone calls. You’ll hear a lot of “we do not settle debts under any circumstance” and “I can transfer you to a department that may be able to help you qualify for our hardship program.” Most consumers simply give up at this point because they feel that debt settlement isn’t possible and there’s no end in sight. Not to worry – there are many reputable firms who will be more than happy to assist you. Hopefully your questions regarding debt settlement have been answered. Whatever path you should choose to become free from debt, I wish you the very best.

Marie Megge is a consultant in the credit services industry. Over the past several years she has assisted many individuals in resolving their debt-related matters. For more information regarding credit and debt visit http://www.donaldsonwilliams.com

To learn more about debt settlement and your credit score, click here.

For more information regarding the possible tax consequences, it’s highly recommended that you speak with your tax preparer and/or click here.

Article Source: http://EzineArticles.com/?expert=Marie_Megge

Marie Megge – EzineArticles Expert Author
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