Debt Settlement – What it is & How it works – Helpful tips & advice

How does debt settlement and negotiation work?

Debt Settlement is what happens when you reduce the amount of your unsecured personal debts through creditor negotiations. At its core, debt settlement is the best option for a creditor to “lose the least” on accounts that default in payment. The process is largely predictable due to established timelines and bank policies which can and do vary from creditor to creditor. Debt settlement is a proven effective means to eliminate debt for the right person. For a more detailed explanation of what debt settlement is and why it works read:

Debt Settlement – Why Banks Do It – How It Works.

Debt settlement is often referred to as a debt resolution and debt negotiation. There are places online where you may see settling debt referred to as a form of debt consolidation, but it is nothing like consolidating credit card debt using the most common definition of taking out a lower interest loan to pay off all of your higher interest credit cards. Debt settlement means debts are not being paid in order to later reach an agreement to pay less than the balance owed.

How long does a debt settlement program or settling collection accounts take?

It will vary. Debt settlements are reached and documented in as little as a few days. It will depend on how behind in payments you are, the creditor, what kind of money you have set aside to fund any negotiated offers, and what your financial goals are.

That is the short answer. What is rarely discussed by people and companies selling debt settlement services is “how long should a settlement program be allowed to go before it needs to be taken off the short list of options available”. The answer to this is not short and will vary for each person considering debt settlement. Companies have been offering debt settlement programs to the public promoting time frames that are easier to sell, but more of a crap shoot to complete. In our experience the longer your debt settlement programs takes, the more it becomes a gamble. If you need a few years to complete a settlement program, you will often find you should not even start down the settlement path and seriously consider bankruptcy instead.

If rapid completion sounds impossible to you, you may be right. Then again, you just may not know what you need to about the process of debt settlement. You may have talked with one or more people who have misrepresented the whole thing. You may have read some poorly crafted information online. You may have gotten bias input. Also consider, it is often the high fees charged by most professionals offering their assistance that leads to longer program lengths. Affordable & fair fees may make quicker less risky program well within reach!

For a better understanding of how settling credit card debt quickly is in the best interest of your wallet, and your peace of mind, read: How will debt settlement work for me?

The best advice we can give about whether or not debt settlement will work for you would be to learn all the details as they would apply to your unique set of circumstances by speaking with a professional. You need to be able to speak with someone who can tell you what your creditors typically settle for (how low they go), and measure that against how long it will take you to come up with that estimated amount of money. We offer comprehensive upfront details about debt settlement and how to do it through the free CRN Debt Settlement Program on this site.

You will want to know the settlement percentages available to you on each of your accounts. That information is difficult to publish because your savings target will be different with each creditor, and will change based on how far behind in payments you are, if a debt collector has the account, and timing factors that change because of details unique to you. If you are serious about settling debt, read through the CRN debt settlement system and then call us at 800-939-8357 and choose ext. 3 to speak with a CRN specialist. This way you can get a firm grip on the dollars and timing involved. We offer to consult with you for free. We only ask that you read through the debt settlement section of our free online system first. This ensures we are giving our time to someone who is serious about settling debt because they committed the time to learn about it in detail.

Will debt settlement affect my credit score (FICO)?

Yes, debt settlement does damage your credit report and will hurt your credit score. Credit counseling and bankruptcy impair your credit report, credit rating and access to new credit products too. All outside debt relief intervention options will impact you in one form or another.

More often than not, being in debt, especially overwhelming credit card debt, your credit accounts already have, or are about to negatively affect you. Depending on how long you have been delinquent in payments, negotiating and settling credit card debts for good can have an overall positive influence on your credit score. Access to new credit products can be easier obtained when you don’t have delinquent and outstanding debts. Settled accounts and/or zero balances are seen as “positive” when compared to unresolved debts.

Your major concern should be dealing with the debt first! Credit scores can recover. You can learn more about how the different debt relief options affect your credit without the spin by reading:  Debt Relief vs. Credit Report

Or read the real life credit score experience of a CRN member interviewed by the Detroit Free Press:  Debt Settlement in Michigan

Will I be able to get credit in the future?

Yes. It is always recommended to plan ahead for your credit needs. Fears about what debt settlement, credit counseling or bankruptcy will do your credit score and credit report are often misplaced. There are many web sites and personal finance writers who prey on peoples tendency to focus on their credit score more than the debt that is no longer affordable.

Once you fully research the 3 most commons forms of debt relief intervention you will understand that they all impact your ability to access new credit products like home loans, auto loans and student loans. Each method could affect access to credit for a similar amount of time. Take your eye off of credit and focus on the debt first. Credit ratings recover.

I highly recommend you read: Debt Relief and Your Credit Report. This article will help you dispel the half truths and even outright lies about what debt settlement and the other debt relief options will do to your credit and how long it will be before you have access to credit.

Can I really negotiate my credit card debt myself?

Yes! Debt settlement isn’t rocket science. It’s just that there is a formula to follow to optimize your results. Most people are skeptical when they first hear about do-it-yourself or DIY credit card debt settlement. There is no shortage of sales people out there who reinforce the idea that only a pro should handle your settlements. They only get paid, after all, if you hire them. Most of the people “selling” debt settlement could not settle their way out of a wet paper bag. They enroll you – get their commission – then hand you off to a back end service provider.

The truth is: You Can Settle With Your Creditors Yourself! When you understand how the whole debt collection and settlement process works, coupled with up to the moment policies with each of your creditors, it becomes simplistic and straight forward. You also save a ton in fees!

This is why CRN’s focus since our inception in 2004 has been to start every member off with the tools and ongoing support needed to complete a settlement program without hiring a debt settlement company. In an effort to fulfill our mission to inform and educate consumers about all things debt relief, we recently published a complete guide to debt relief. If you are serious about what you can do to settle some, or all of your debt on your own, take the time to read through the debt settlement sections of our debt relief system. We cover every stage of debt collection, how to handle debt collector calls, how to negotiate a deal, and much more. You can skip to the settling debt section here: Negotiating and Settling Debt Sections.

Maybe you really want a pro to do the settlements for you? That’s fine. We do that too, or we will connect you with experienced negotiators and attorneys who only charge for settlements when they are completed. The fees through CRN for professional debt negotiation are 15% of the savings achieved, after the work is complete. This fee is about half or less the cost of hiring the typical debt settlement company. The only catch is that you will have a couple hours of your time invested in some reading. Not a bad deal in order to save what for many will be thousands of dollars. Heck, your reading about settling debt right now anyway….

At Consumer Recovery, we believe everyone should be given the opportunity to know what the pros know and then make up their mind. Many of our members have appreciated that. You will too!

For more detail see: Get Debt Help.

Will I still be able to use my credit cards when settling debt?

You will not be able to continue to use credit card accounts that you intend to settle with. Debt settlement typically requires you to have missed payments. More often than not, this means missing enough payments that lead to your credit card use privileges being cut off. This is standard.

There are additional elements that you need to be aware of when it comes to using your credit cards.

1. How you used your credit cards leading up to your inability to keep up with minimum payments can have an affect on the settlements that are available with your original creditor, or an assignee debt collector your creditor may hire. For more detail on this topic, you MUST read: Which accounts belong in a debt settlement program.

2. If you keep accounts out of your debt settlement plan, the available credit limits may get reduced to what you currently owe. This is because creditors will run your credit report as part of normal account review policies. If you fall behind with other creditors in order to settle those accounts, this will show up on your credit report. Creditors you are current in paying, or with whom you may not be carrying a balance, can see the late payments to others and use that fact when deciding to lower your credit limits. Is this a big deal? Not really. Read the above link on which accounts to keep in or out of a debt settlement program for CRITICAL details.

What does debt settlement and negotiation cost?

Some Debt Settlement Companies charge several thousands of dollars to settle your debts for you. Over the years many settlement firms have come up with varying methods for charging fees. One thing that has not varied much is – the fees are too high! Many hundreds of thousands of people over the past several years seem to have no problem getting sucked into paying too much for professional debt negotiation. In their defense, many people did not understand they were paying these high fees due to how the fee schedule was disguised, not fully explained, or hidden in the fine print of service contracts. Also, because the vast majority of companies charge excessively high fees, people researching debt settlement and the companies that offer the service, may just think high fees are just part of the program.

The Federal Trade commission published new rules in 2010 that ban any up-front fee for direct debt settlement services. There are limited exceptions to the rule. Anyone exploiting the exceptions by charging fees in advance for professional debt negotiation services are best avoided. Generally, fees are now charged based on success only, which is how CRN has charged for our direct debt settlement service since 2004.

Even with the new FTC rules that affect when debt settlement companies get paid, it did not impact how much they can charge. Some states have put laws in place to cap fees. Illinois for example capped fees at 15% of savings. Coincidentally that is what CRN has charged since 2006. At the time of the rule changes we predicted that companies would still charge 15 to 25% of the balances of the debts enrolled in the program, or when charging on a performance basis, set fees at 25 to 30 percent of savings. We were right. Some companies even charge 40 to 50% of savings! How they get customers to agree to that is a mystery to us. Settlement sales people get paid pretty well. Maybe they are just that good at selling.

Here is what you need to consider:

The fees you pay to a debt settlement service provider will directly relate to how long it will take you to successfully settle your debts.

We strongly encourage you to only engage a company offering settlement services whose fees are based on SUCCESS. Look for firms who do not charge high fees. CRN offers education and ongoing support to help you settle your own debt, and if you want a pro to handle it – we offer that to, but you only pay 15% of savings – which is half or less than half the cost of working with most debt settlement companies. We don’t have much competition currently, but there are a couple companies out there who charge fair fees like us.

Be extra careful of how you might get referred to a debt settlement company.

Often times the person referring you to a company has captured your attention through some form of online, television, or radio advertising. They may have credibility and are able to gain your trust. What you may not know is that they have a financial incentive for referring you. This is pretty standard. There are many forms of cross affiliation in the debt relief industry. You may be sent over to a debt settlement company based on who pays the referrer the most. The fact that people who know better refer consumers to companies with the highest fees in order to get the largest referral commission is discouraging. We are talking about helping people already struggling with bills. The fees charged for services will directly impair and prolong your ability to get out of debt and get on with your life.

For some serious reading on this topic, read: Dude Meets Debt Wall

Also recommended: Debt Settlement – The Gist, The Juice & the Lies

Are your debt settlement products guaranteed?

Yes. We do offer a money back guarantee to CRN Members. CRN basic education subscribers are guaranteed to receive value for the $149.00 enrollment costs or your money back. I would say no questions asked, but we will ask you to tell us where we fell short of your expectations so that we can improve ourselves for the benefit of all. You do, of course, get the guarantee and a prompt return of your money regardless.

When it comes to guaranteed settlement results however, there can be no guarantees. If anyone is offering one to you – it would be wise to move on.

Guarantees have long been used when offering products and services to the public in two ways; by those who are supremely confident in your satisfaction with the product or service they offer, or by those whose only goal is to get you in the front door and satisfaction be damned. Due to all of the negative press the debt settlement industry has earned over the years, you be the judge of which category a company offering guaranteed results would fall into.

Is my personal information kept private?

Yes, absolutely. You do have to authorize someone to give and receive information on your behalf when negotiating credit accounts with each individual creditor. There are instances where we will refer you to network partners when you request it. There are instances where we may aggregate data as part of a study (keeping personal identifiers out). Regardless, you would authorize any of this activity before it would occur.

You can also be assured that we will not sell or provide any of your personal information to anyone else if you contact us through this website or on our toll free line for a free consultation.

Will I get debt collection calls in a debt settlement plan?

Debt collection calls are simply part of the process. Our program includes options you can use to reduce unwanted collection calls to a minimum without causing a bad reaction from your creditors.

WARNING: Many companies send out letters to your creditors instructing them to cease communication with you. This is a harmful business practice! It is important that you allow for some contact with creditors and even debt collectors. If they cannot contact you they are often left with the most aggressive tactic for collection, the courts.

Collection calls, for some, will seem to be the most burdensome part of the process. The goal of the collector is to get any type of payment from you that they can. Debt collection agencies, and the collectors who work for them, have proven all to willing to cross the line when collecting. Our program will show you what to watch out for and recognize as abuse. Should debt collection harassment occur, you can be referred to a consumer attorney familiar with taking the collection industry to task on violations of state and federal laws that exist to protect you.

About the only legitimate and immediate way to stop collection calls is by hiring an attorney to represent you in bankruptcy. Calls do stop if you go this route.

Here are two additional resources with different perspectives on debt collection calls:

Dealing with phone calls from debt collectors

Credit counseling v debt settlement – compare collection calls

Is it true that there are sometimes tax consequences to settling a debt for less than the original balance?

Yes. If you have a debt that is settled for less than the original balance, and the difference (the forgiven portion of the debt) is greater than $600.00, the creditor is supposed to send you a 1099c, which would then be reported as income. Not everyone will owe tax on their settlements.

The IRS does allow you to write off any income from forgiven debts up to the amount by which you were insolvent at that time. Unless you had a positive net worth at the time that you settled an account, which for many is unlikely when buried in debt, then you generally wouldn’t have to pay any taxes on the forgiven debt(s). Always consult a tax attorney or tax adviser for options that can be applied to your specific circumstances.

Incidentally, if you do wind up owing taxes, it is because you saved money. So, keep that in perspective. In the same way that you would budget and set aside funds to settle with, if you are solvent and owe tax on forgiven debt, you must also budget to pay the taxes.

You can read about this concern in much greater detail in the critical debt settlement report we published here: Debt Settlement and Income Tax on Forgiven Debt

For more detail, please visit:

http://www.irs.gov/individuals/article/0,,id=179414,00.html

http://www.irs.gov/pub/irs-pdf/f982.pdf

What types of debt can be settled?

Most any type of unsecured debt can be settled. For example:

• Credit card debt
• Business and/or commercial debt
• Slow or late payments
• Defaults
• Charge offs
• Accounts placed with a debt collection agency and/or attorney debt collectors
• Medical bills
• Deficiency balances
• Store credit card
• Pre judgment and post judgment settlements

To best determine which of your accounts can be settled, and for what amount of savings based on the current trends with each of your creditors, you should:

Schedule a free consultation with CRN by filling out this form: Consultation Request

Call us for a consultation and estimate of what your debts will settle for at: 800-939-8357 ext. 3

Fill in your creditor details (bank, debt collector, balance owed, how long its been since you made a payment) using the Ask CRN feature on this site. Its anonymous and you will get a detailed response. Use this form to submit: Ask CRN for a free online debt settlement estimate

Can my wages be garnished if I am in a debt settlement program?

Debt Collectors can be intimidating and may use questionable tactics that are designed to scare people into making a payment, even if you cannot afford to make one. Actual garnishment actions are not that common and you will have advance warning. Creditors must first file and serve you with a lawsuit, get a judgment, and then get court authorization for a garnishment. You cannot just have your pay check, or any portion of it, taken without court approval, and you must receive notification and proper documents from the court first. Worst case scenario, you may need to negotiate a settlement that is higher than you would have liked, or commit to a payment plan in order to avoid a garnishment.

If you are being garnished, you typically can only be garnished for one debt at a time. Creditor pile-on is not allowed. If you are being garnished now, and have a line of creditors waiting to get paid behind that one, you should speak with a bankruptcy attorney to determine how that will assist you in getting back in control of your finances. Bankruptcy can prevent a garnishment from happening and can also eliminate a garnishment that may be affecting you right now.

If you found this debt settlement frequently asked questions page, and you are already being garnished, it is difficult to get good savings from debt settlement after the fact. The judgment creditor with the garnishment knows they will collect the full balance owed as long as you have the job. You can look to whether you meet garnishment exemptions or reductions in your state.

In states like PA, NC, FL, TX  – wage garnishments for a judgment related to an unsecured debt like credit cards are protected.

For more on debt collection lawsuits, garnishments and judgments, read: Settling judgments and lawsuits

Can I be sued if I use the debt settlement approach?

Creditors have the right to file a lawsuit if you are not paying a debt. Being sued is one of the biggest concerns you should have before determining if debt settlement is something you should attempt.

Given how many accounts fall delinquent each year, lawsuits in order to collect are not that common. Don’t let this statement lead you to think it won’t happen to you though. Being sued means you will have to address that specific debt as a priority to settle before it becomes a judgment. Settling a lawsuit out of court and avoiding judgment is quite normal, but the rate of savings will generally not be as good as when settling debt that is not in the courts.

If you are only marginally suited to try debt settlement as a means to avoid bankruptcy, and you get sued early on, it may become a show stopper to continued efforts to settling. You may then have to file bankruptcy due to not being able to fund an out of court settlement, or have to agree to a payment plan that will hinder your ability to save money to settle with other creditors later on. This can and does snowball into delays in settling other debts which can then lead to more lawsuits.

This is good context for the question above “How long does the debt settlement process take?”.

Further: Threats of litigation are very popular, regardless of the fact that debt collectors are prohibited (by the FDCPA) to threaten legal action unless they’re authorized to do so. This does not stop collectors from making the threat. You will need to know which threats are credible and which are part of typical (and unfortunately abusive) debt collection efforts.

There are not many emergencies in debt relief. Heading off a judgment, or dealing with one already in place before bank accounts are levied and pay checks garnished, is one such emergency.

Consider getting started as a CRN subscriber by clicking here: CRN Membership Enrollment. We can help you calmly evaluate what your best options are and the next best steps to take – and its affordable!

Can I still settle my debt if I’m currently being sued by a debt collector or creditor?

Yes. It is still possible to come to acceptable settlement terms when you have been sued, during litigation, or after a judgment has been filed. Negotiations and settlement after you are sued will typically be different than with accounts that do not involve an attorney or the courts. Your savings in a lump sum settlement will generally not be as good, but affordable payments are often available that can be stretched further than would have been available from the original creditor. This would allow you to avoid garnishment, lien or levy.

There is generally not a lot of pressure to settling and negotiating debt. You will generally have time to evaluate and learn all about the process of debt settlement over a fair stretch of time. Having said that, if you found this page and web site after having just been sued, this is a pressure and time sensitive event. How you approach dealing with being sued, and the path you ultimately decide to take, should be arrived at pretty quickly. If you are being sued, I would recommend you connect with a CRN specialist through clicking the consult tab in the top navigation, or calling direct: 800-939-8357 ext. 3 during office hours.

Do you work with business or commercial debt?

Yes, we can assist companies and small businesses seeking debt relief through settlement. The process for resolving business accounts is very similar to resolving consumer debts. Many small business owners personally guaranteed loans for their business, so some business debt is not that far removed from personal debt depending on the situation.

The biggest caution when resolving business debt, such as credit cards in the business name, and business lines of credit, will be whether the company is still open for business and intends to stay that way.

Due to the way most businesses debt is handled (and often mingled with personal debt), it is best to speak with a CRN specialist one on one to determine if we can put a plan together to help you resolve the debts separate from your personal finances, or if a more broad approach would be better.

Some banks do treat business accounts VERY differently than they do settling revolving consumer credit card debts. You will want to identify any lenders you may have that are more friendly, or more difficult to settle with.

How do I get started with negotiating and settling my debt?

Your first step, if you choose to work with us in settling your debts, will be enrolling as a CRN Member so you can learn in detail what and how debt settlement will work in your particular circumstances. Negotiating and settling debts may not be right for you. You may be better off getting monthly payments reduced through available hardship plans, or enrolling in a debt management plan with a credit counseling agency. You may learn that, while you would like to avoid bankruptcy, it is actually the best strategy given your situation. CRN membership gives you access to all methods for debt intervention and fairly priced products and services.

If you are serious about using debt settlement as a debt solution, but are not quite ready to commit to the process, we encourage you to learn everything you may want to know about the process by reading through the debt settlement section of our free online debt relief program. Click here: More about debt settlement.

What is credit counseling?

A credit counseling service is designed to lower monthly payments on your unsecured debts, like credit card bills, through reduced interest rates. When you call a credit counseling agency you will be asked a series of question about your monthly income and budget. The credit counseling agency will review your monthly income and expenses and determine which of your debts will qualify to be placed into a debt management plan.

It is best to seek a credit counseling service if you are struggling to keep up with your debt, yet still have a stable and dependable income.

Experts suggest credit counseling be the first debt relief option considered because it provides those who qualify the least confrontational method to manage debt with a predictable monthly payment and a shorter time frame to successfully eliminate debt.

There are about 300 credit counseling agencies in the US offering free budgeting and debt management advice. The majority of credit counseling services operate as a nonprofit. Many consumer credit counseling services can provide the pre and post counseling certificate that is required to complete a chapter 7 bankruptcy and discharge your debt.

Some credit counseling companies offer HUD approved housing counseling and reverse mortgage counseling.

For decades, many credit consumer counseling for helping them get back on track financially and for providing sound personal finance, budgeting, and debt advice.

For a brief comparison of credit counseling and other main stream methods used to better manage and eliminate debt, take this debt relief suitability test.

For more information about the benefits of using a credit counseling service, checkout: What to expect from  credit counseling service.

How does credit counseling work?

Credit counseling can help to reduce your monthly bills with some or all of your unsecured creditors such as credit cards, store cards and medical debts, through enrollment into a debt management plan.

You must first call a credit counseling agency to determine if your accounts can be accepted into the debt management plan, and what your monthly payments can be reduced by. The credit counselor makes contact with the companies you owe and puts forward a repayment plan based on your monthly income and expenses. Most of this can be handled in one call if you are prepared with an outline of all of your monthly bills; who you owe and how much.

Meaningful monthly payment reduction through credit counseling is mostly applied to your credit card bills.

There is a formula that is used to qualify your credit cards for the repayment plan. This formula is based on your credit card balances, which banks your accounts are with, and what money you have left in your monthly budget after your typical monthly household expenses are factored.

The current national average for monthly credit card payment reduction with a credit counseling agency is about 2% of your combined balances in the debt management plan. If you can meet all of your monthly obligations and have enough left in your budget to make a monthly payment of 2% of your combined unsecured credit card balances, you are good candidate for credit counseling.

Credit counseling agencies are most effective with helping you pay back debts when you are:

• Current with your creditors, but struggling to keep up with minimum monthly payments.
• Behind with payments to creditors, but only by a few months.

If your creditors agree to the monthly repayment plan proposed by the credit counseling agency, they are most often agreeing to lower your monthly interest rate from where it is today down to anywhere from zero to eleven percent. Creditors usually also agree to waive or eliminate and late payment penalty fees.

When you enroll in a credit counseling debt repayment plan, you will no longer make direct individual monthly payments to the creditors that are part of your debt management program. You will instead make one fixed and easy payment to the credit counseling agency. The credit counseling service then breaks out individual payments to your creditors.

A credit counseling service debt repayment plan will typically last 4 to 5 years. The repayment plans cannot exceed 60 months. Your fixed payment is due on the same day each month for the duration of the plan. You cannot miss a payment. If you do not make an on time payment you risk losing the reduced monthly payment benefit.

If you are struggling with monthly bills, but have a consistent and dependable income, it is a good idea to talk with a credit counselor in order to establish a budget and repayment plan that will get you debt free quicker than may be possible on your own. If you cannot qualify with credit counseling, you can also consider debt settlement or bankruptcy.

For additional information read: More About Consumer Credit Counseling Services

You may also want to read: A fair comparison of credit counseling with debt settlement.