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Credit Settlement: How it works and the risks you face

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Credit Settlement: How it Works and Risks You Face
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 of journalism at 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 throughout the world 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


Edited by Kathy Hinson Lead Assigning Editor Personal financial, credit scoring, managing money and debt Kathy Hinson leads the core personal finance team at NerdWallet. In the past, she worked for 18 years at The Oregonian in Portland in capacities such as chief of the copy desk and team editor and designer. Prior experience includes copy editing and news for various Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in mass communication and journalism in Iowa's University of Iowa.







A majority of the items featured on this page are from our partners who compensate us. This influences which products we review and where and how the product is featured on a page. However, this doesn't influence our evaluations. Our views are our own. Here's a list and .



Table of Contents



Table of Contents





A creditor has agreed to accept less than the amount you have to pay as a full payment. Once it accepts that deal it is no longer able to pursue you to collect the money and you don't have to worry about the possibility of get sued over that particular debt.
It sounds like a good deal, but debt settlement can be risky:
Debt settlement can destroy your credit.
A settlement may take a long period of time to complete -- usually between two and four years.
It isn't cheap.

If you're successful at debt settlement, it can take years to complete and you could realize that you owe tax for any debt that you have forgiven. And if you use a company for debt settlement that charges fees. It is a last resort.
Find your debt in a simple way
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How does debt settlement work


The process of debt settlement is only when you've got many payment due dates or missed payments and possibly collections accounts. The collector or creditor will not agree to pay less than what you owe, if there's reason to believe it was something you originally agreed to.
Your will have been shredded and you'll feel overwhelmed and in debt, and your income won't be enough to keep up with all your obligations to creditors.
Companies that negotiate with creditors to reduce what you owe, mostly for debts that are not secured, such as credit cards. This is not an option for certain kinds of debt such as a house that can be foreclosed on or a car that can be taken back. The majority of companies do not pay federal student loans however, you may be eligible to . If you're having trouble paying your student loans, an might help you.
Settlement offers work only in the event that you are unable to make any payments, and you stop making payments to your loans. Instead, you establish a savings account and put the monthly installment there. If the settlement company is convinced that the account is adequate for a lump sum offer and talks on your behalf to the creditor to agree to an amount that is less.
Readers can also ask questions.
Do debt consolidation loans hurt your credit?

Debt consolidation can help your credit if it helps you make on-time payments or reduces the balances on the revolving accounts, especially when the balances on your credit cards were exceeding their limits. Your credit score will be affected if you rack over your credit card balances and close all or the majority of your cards or fail to pay the loan for debt consolidation. loan.




How can I cut down my credit card credit card

Bankruptcy and debt settlement can help to reduce or erase credit card debt however they can severely affect your credit score. The management of debt reduces the rate of interest, and its impact on credit is less than it would be. It can also reduce interest rates as well.




How can I cut down my credit card?

Reduce your debt in three steps: 1. Find out the amount you owe. 2. Determine which payoff strategy is going to be most effective for your situation. 3. Make a plan and monitor your improvement.







Risks of debt settlement


Certain debt settlement firms claim they can cut credit by up to 50% and make your debt free in only 36 months.
However, the process is not as clear-cut or as straightforward as it appears. We believe that debt settlement should be the only option in the end.
Here are the risks that come with debt settlement:
Your credit will suffer a blow: If you're not already in delinquency on your account, you will be once you redirect debt payments towards your settlement accounts. Delinquent accounts and debt charged off by lenders will remain on your credit 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 over your account balance.
There's no assurance of success: The two largest debt settlement companies are and . Freedom Debt, for instance claims to have resolved greater than 10 billion dollars in debt for over 650,000 customers since the year 2002. However, there's no guarantee that the debt settlement company will be able to settle your debt for significantly less, considering some creditors do not negotiate with them.
According to a study by the Center for Responsible Lending, a nonprofit research and policy organization, most consumers would have to settle at least four accounts to receive an overall gain. Furthermore, the total amount of debt could increase as fees are accrued and aggressive collection efforts might continue throughout the negotiation process.
You must pay an amount in the event of a debt being settled according to law. firms aren't able to charge upfront fees. They typically have a percentage charge for each settlement, which is based on that amount of debt at the time you joined it in the program. Some charge a percentage of the debts that are eliminated through the settlement.
For instance, let's say you owe $10,000 to the agency and the agency negotiates a settlement for $6,000. The agency is charged 25 percent.
If the agency has a fee based on the amount of settled debt, you'd pay the debtor the amount of $6,000 while paying the agency $2,500 in charges (25 percent of the $10,000 balance that you 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 would charge you $1,000 for charges (25% of the $4,000 of eliminated debt). Total: $7,000.

Additional fees will be charged In addition to the fees that are due after the debt is paid off, customers can face other fees, such as the setup fee and the monthly cost to maintain the special account that is set up in the program.
If you have forgiven your debt, it could be tax deductible It is important to know that Internal Revenue Service generally regards forgiven debt as income. It is possible to speak with a tax professional about other tax obligations you'll have to take upon settling your debt.
If you decide to engage the services of a debt settlement professional Be cautious. It's easy to lose your guard when you're desperate and see promises of . The National Consumer Law Center has stated that debt settlement firms are "almost never worthwhile and can get consumers into even deeper financial troubles."
The Consumer Financial Protection Bureau takes more of a softer approach, however, it warns consumers to be cautious, saying that dealing with these firms is risky , and other alternatives should be considered first. Over 300 complaints about debt settlement companies to the CFPB in the last year. Among the most common claims included fraud and fees that were too high.
Other options to settle debt


Michael Bovee, a debt settlement coach, and frequently criticizes his field (he has been a witness before the Federal Trade Commission in favor more regulation), advises erasing your debts through Chapter 7 bankruptcy and starting over, if you're given the choice.
If you are a borrower who is overwhelmed by debt that is not secured, such as credit cards, think about how your options compare with . It is usually the better choice. A bankruptcy can sully your credit history for a long time however the process of rebuilding is able to begin right away. Consultations with a bankruptcy attorney are typically free, though you'll have to pay filing and legal costs if you opt for this method.
"If you are able to erase your debts through the form of a Chapter 7 bankruptcy, that's the best option over trying to reach the settlement," says NerdWallet columnist Liz Weston, author of "Your Credit Score" and "Deal with Your debt." "Only when Chapter 7 isn't an option and you decide not to file bankruptcy, or you are unable to be eligible for the Chapter 13 repayment plan -or if you are considering the possibility of settling your debt."
If you don't qualify for bankruptcy, or do not want to file one, think about an offer through a non-profit . The option you choose to take won't generally reduce the amount that you'll have to repay, but it may reduce your monthly payments by spreading them out or through lowering your interest rate. It's not going to have a greater impact on your credit than either bankruptcy or an agreement to settle debts.
If you choose to go for settlement


If you believe that debt settlement is the most effective option for you and you want some assistance in pursuing your debt, Bovee has tips for picking a good company:
Find out the record of complaints.
Beware of any company that seeks money in advance or promises that the debt can be paid.
It is important to structure fees in a proportion of debt reduced instead of debt balance at enrollment and gives the company an incentive to reduce your debt.
Beware of companies who promise to help you challenge the validity of your debts and declare them "invalid" (a tactic that can backfire and result in more aggressive action against you).

If you're not sure whether you want to work with a company for debt settlement think about hiring an attorney or doing the work yourself.
Lawyers can bill by the hour, have a flat fee per creditor, or charge an amount of debt, or debts that are eliminated.
If you're in serious debt, it usually doesn't hurt to approach your creditors. Certain banks offer hardship programs that may be able to help. Be sure to manage any lower payment options the bank might offer.
If you're interested in trying to do it, learn 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 working part-time, selling sports equipment that's been sitting in the basement, or taking money out of your friend. (Creditors may be likelier to accept a lump sum offer as it allows them to pay quickly, instead of risking payment dates that may not be forthcoming.) Also be aware that some creditors may have a policy against paying off dues.



About the author: Bev O'Shea is a former credit writer at NerdWallet. Her work has been featured on the New York Times, Washington Post, MarketWatch and elsewhere.







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