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Debt settlement can have a significant impact on your credit score. According to the article, a debt settlement can lower your credit score by 50-100 points, but this can vary depending on the individual's credit history.
Many people are unaware that debt settlement is not reported as a paid debt on credit reports. This means that even if you settle a debt, the original account will remain on your credit report, showing a zero balance.
However, settling a debt can also have a positive effect on your credit score over time. The article notes that settling a debt can help you avoid further credit damage and potentially even lead to an increase in your credit score as new positive credit activity is reported.
Settling a debt can also provide a sense of relief and closure, allowing you to move forward and focus on rebuilding your credit.
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Debt Settlement and Credit
Debt settlement can have a significant impact on your credit report and credit score. Your credit may take a hit: if you're not already delinquent on your accounts, you will be once you divert debt payments toward the settlement account. Delinquent accounts and debt charged off by lenders stays on your credit report for seven years.
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You might not be able to settle all your debts, and creditors might start debt collection. While you're in the debt settlement program you may still get calls from debt collectors requesting repayment. You could even be sued for repayment. If the company wins, it might be able to garnish your wages or put a lien on your home.
Here are some potential risks to consider:
- There might be a negative impact on your credit report and credit score.
- Creditors might start debt collection.
- You might not be able to settle all your debts.
- You might not finish the whole program.
What If It's Already Been Collected?
If your debt has already been collected, it's not the end of the road. You can still try to work out a solution to eliminate your debt on your own.
You may want to talk to the collector at least once to confirm whether the debt is really yours. Be careful about sharing your personal or financial information, especially if you're not familiar with the collector.
A collector has to give you "validation information" about the debt, which includes how much money you owe, the name of the creditor you owe it to, how to get the name of the original creditor, and what to do if you don't think it's your debt.
You can get a collector to stop contacting you by sending a letter by mail asking for contact to stop. Collectors can't treat you unfairly, so they may not try to collect interest, fees, or other charges on top of the amount you owe.
Here are some things collectors can't do:
- Cannot tell you that you owe a different amount than what you actually owe
- May not pretend to be an attorney or from the government
- Can't tell you that you'll be arrested, or claim they'll take legal action against you if it's not true
If you do reach an agreement with the creditor, ask them to send it to you in writing. This will help protect you in case the collector tries to back out of the agreement.
Mortgage Payment Trouble
If you're having trouble paying your mortgage, contact your lender immediately. Don't wait, or a lender could foreclose on your house.
Most lenders will work with you if they believe you're acting in good faith and your situation is temporary. Your lender might be willing to lower or suspend your payments for a short time or extend your repayment period to lower your monthly payments.
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Before you agree to a new payment plan, find out about any extra fees or other consequences. If you can't work out a plan with your lender, contact a non-profit housing counseling organization. You can reach a free, HUD-certified counselor at 800-569-4287.
Some companies promise to make changes to your mortgage loan or take other steps to save your home, but they don't deliver. They're scammers. Never pay a company upfront for promises to help you get relief on paying your mortgage.
Here are some options to consider if you're having trouble paying your mortgage:
- Lower or suspended payments for a short time
- Extended repayment period to lower monthly payments
Remember to always be cautious of companies that promise to help you with your mortgage but don't deliver.
Study Creditor Requirements
Not all creditors are created equal, and their debt settlement policies can vary significantly. Sometimes, you might need to be at least 90 days delinquent on an account before a creditor will discuss settlement terms with you.
It's essential to know the specific requirements of your creditor to negotiate effectively. Knowing everything you can about the creditor can help you when it comes to negotiating.
Here are some creditor-specific requirements to consider:
If a creditor refuses to settle with you, you may need to wait until the debt is turned over to a third-party collection agency, then negotiate with that agency.
Debt Counseling and Planning
A good credit counselor will take the time to review your specific financial situation and offer customized advice to help you manage your money. They might recommend a debt management plan to help repay your unsecured debts.
If a credit counselor says a debt management plan is your only option, find a different counselor. They should offer a detailed review of your finances before making any recommendations.
A debt management plan is a payment plan developed with your creditors, where they may agree to lower your interest rates or waive certain fees. You deposit money each month with the credit counseling organization, which pays your creditors according to the plan.
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You should check with all your creditors to ensure they offer the modifications and options described by the credit counselor. This is a crucial step to ensure the plan works for you.
Here's a general overview of how a debt management plan works:
- The counselor develops a payment schedule with you and your creditors.
- Your creditors may agree to lower your interest rates or waive certain fees.
- You deposit money each month with the credit counseling organization.
- The counselor uses your deposits to pay your unsecured debts.
Working with an accredited nonprofit counseling agency can help you develop a debt management plan and negotiate with creditors to set up repayment plans.
Debt Settlement Companies
Debt settlement companies can be a viable option if you're struggling to pay off debts. They'll contact creditors on your behalf to negotiate a settlement.
Before working with a debt settlement company, you should know their fees, terms of service, and how long it'll take to settle your debts. They must also tell you how much you need to save before making an offer to each creditor.
Debt settlement companies can't collect their fees from you before settling your debt. They usually charge a proportion of the amount of debt resolved or a percentage of the amount saved. Each time they settle a debt, they can only charge you a portion of their full fee.
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Reputable debt settlement companies have experience working with creditors and know how to negotiate effectively. However, they might advise you to stop making payments to creditors while they negotiate, which can severely impact your credit score.
To ensure you're working with a dependable debt settlement company, research their track record, check reviews, and look for consistent critical comments about customer service and processes. A reputable company should have been active for years, hold outside accreditations, and be upfront about fees and terms of service.
Here are some key things to look for in a debt settlement company:
- Fees: Know the fees, any conditions, and terms of service.
- Settlement timeline: Understand how long it'll take to settle your debts.
- Savings requirements: Know how much you need to save before making an offer to each creditor.
- Accreditation: Check if the company holds outside accreditations, such as from the American Association for Debt Resolution.
Don't work with a company that tries to collect an upfront settlement fee or guarantees a reduction in your debt. Remember, debt settlement is not a quick fix – it can take up to five years, and the settlement stays on your credit report for seven years.
Bankruptcy
Bankruptcy is usually considered a last resort, as it stays on your credit account for at least seven years after resolution. But if you're worried about the consequences of debt relief or are too deep to consider a debt management plan, asking the courts in your state to help might be a viable option.
There are two main types of personal bankruptcy: Chapter 7 and Chapter 13. You must file for them in federal bankruptcy court. Filing fees are several hundred dollars, and attorney fees are extra.
Chapter 7, also known as straight bankruptcy, involves liquidating all of your assets that aren't exempt. Exempt assets might include cars, work-related tools, and basic household furnishings. Some of your property may be sold by a court-appointed official, called a trustee, or turned over to your creditors.
Chapter 13, on the other hand, lets people with a steady income keep property, like a mortgaged house or a car, which they might otherwise lose through the bankruptcy process. In Chapter 13, the court approves a repayment plan that lets you pay off some of your debts in three to five years, rather than give up any property.
Some debts won't be erased by filing for personal bankruptcy, including child support, alimony, fines, taxes, and most student loan obligations, unless you can prove undue hardship. And, unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually doesn't let you keep property when your creditor has a lien or financial interest in it.
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Filing for personal bankruptcy usually won't erase these debts, and it's essential to understand what you can and can't discharge before making a decision.
To file for bankruptcy, you must first get credit counseling from a government-approved organization up to six months before you file for any bankruptcy relief. You can find a state-by-state list of government-approved agencies at the U.S. Trustee Program.
Here are the two main types of personal bankruptcy:
- Chapter 7 (liquidation), in which non-exempt assets are sold, with proceeds going to creditors
- Chapter 13 (repayment), in which you and the court agree to a repayment plan to settle your debts
After filing for bankruptcy, you have to take a debtor education course from a government-approved organization about things like developing a budget, managing money, and using credit wisely. To find a counseling organization, check the list of approved debtor education providers. You have to file a certificate with the bankruptcy court proving that you took the course.
Alternatives to Debt Settlement
If you're deep in debt, there are options other than debt settlement to consider. One alternative is to work with a reputable, nonprofit credit counseling agency, which can help you enroll in a debt management plan with lower interest and a plan to pay off the debt in three to five years.
A debt management plan typically comes with a one-time setup fee and a small monthly service fee. You can also take out a debt consolidation loan from an online lender or credit union to pay off all your debts at once.
Debt consolidation loans usually have a fixed rate and a set term of two to seven years. They can be a good option if you can qualify for a lower rate than the average rate across your existing debts.
Bankruptcy may be an option if your debt exceeds 40% of your income and you don't have a plan to pay it off. Consulting a bankruptcy attorney is usually free, though you'll pay legal and filing fees if you choose this route.
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Frequently Asked Questions
How much will creditors accept as settlement?
Creditors typically accept settlements that are 50-75% of the total amount owed, but the exact percentage may vary depending on the creditor and the individual circumstances
Sources
- https://consumer.ftc.gov/articles/how-get-out-debt
- https://www.consumerfinance.gov/ask-cfpb/what-is-a-debt-relief-program-and-how-do-i-know-if-i-should-use-one-en-1457/
- https://www.bankrate.com/personal-finance/debt/what-is-debt-settlement/
- https://www.nerdwallet.com/article/loans/personal-loans/how-does-debt-settlement-work
- https://www.nfcc.org/resources/debt-settlement/
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