Settlement FAQs

how to ask for debt settlement

by Alexandre Dare Published 2 years ago Updated 2 years ago
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Steps To Negotiating a Debt Settlement

  1. Validate The Debt is Really Yours. You don’t need to settle the debt when the debt is not yours, to begin with. ...
  2. Check the Statute of Limitations. You should also know the statute of limitations on your debt before making an offer to settle. ...
  3. Plan a Repayment Proposal. A collection agency wants one thing: your money. They make money only when you make payments on your debt.
  4. Time for Settlement Negotiations. By now you know the debt is yours, and you know how much you can afford to pay in a settlement agreement.

Should you write a debt settlement request letter?

Writing a debt settlement request letter is a good way to negotiate your debt and to agree on a new financial agreement to either pay down or pay off your financial obligations. In terms of credit reporting, debt buying, and debt collection, paying off a debt without a documented written statement could prove to be a huge mistake.

How do I negotiate a debt settlement?

The majority of debt settlements require borrowers to take the first step. There are two ways you can do this: First, you can contact a debt settlement company. These companies agree to negotiate with creditors on your behalf to get you the best debt settlement offer possible. In return, they’ll charge you a fee.

Should I settle my debt through a company or do it myself?

Time and cost are the main distinctions between debt settlement through a company and doing it yourself. Debt-settlement advertisements have claimed these companies can help customers reduce their debt by as much as 50% and get them out of debt in as little as 36 months. You may be able to get faster results with DIY debt settlement.

How do I find out if debt settlement is right for me?

Contact a settlement company or state-licensed settlement attorney to set up a debt settlement program Ready to see if debt settlement is right for you? Talk to a certified debt resolution specialist for a free evaluation.

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How do I ask a debt to settle?

To get ready to negotiate a settlement or repayment agreement with a debt collector, consider this three-step approach:Learn about the debt. ... Plan for making a realistic repayment or settlement proposal. ... Negotiate with the debt collector using your proposed repayment plan.

What percentage should I offer to settle debt?

When you're negotiating with a creditor, try to settle your debt for 50% or less, which is a realistic goal based on creditors' history with debt settlement. If you owe $3,000, shoot for a settlement of up to $1,500.

How Much Do Debt collectors usually settle for?

Some want 75%–80% of what you owe. Others will take 50%, while others might settle for one-third or less. Proposing a lump-sum settlement is generally the best option—and the one most collectors will readily agree to—if you can afford it.

Will Debt collectors settle for half?

Collections companies in particular buy debt for pennies on the dollar, so they still make profits when debtors don't pay in full. In short, if you know how to speak to your creditors, you may be able to get a settlement for less than the full amount of your debt.

Is it better to settle a debt or pay in full?

It is always better to pay off your debt in full if possible. While settling an account won't damage your credit as much as not paying at all, a status of "settled" on your credit report is still considered negative.

Is it worth it to settle debt?

The short answer: Yes, debt settlement is worth it if all of your debt is with a single creditor, and you're able to offer a lump sum of money to settle your debt. If you're carrying a high credit card balance or a lot of debt, a settlement offer may be the right option for you.

What is the 11 word phrase to stop debt collectors?

If you need to take a break, you can use this 11 word phrase to stop debt collectors: “Please cease and desist all calls and contact with me, immediately.” Here is what you should do if you are being contacted by a debt collector.

What should you not say to debt collectors?

9 Things You Should (And Shouldn't) Say to a Debt CollectorDo — Ask to see the collector's credentials. ... Don't — Volunteer information. ... Do — Make a preemptive offer. ... Don't — Make your bank account accessible. ... Maybe — Ask for a payment-for-deletion deal. ... Do — Explain your predicament. ... Don't — Provide ammunition.More items...

How can I get out of debt without paying?

Ask for a raise at work or move to a higher-paying job, if you can. Get a side-hustle. Start to sell valuable things, like furniture or expensive jewelry, to cover the outstanding debt. Ask for assistance: Contact your lenders and creditors and ask about lowering your monthly payment, interest rate or both.

Can I negotiate with a debt collector?

Occasionally, when a debt goes to collections you may be able to negotiate with the collector to accept a smaller amount than what you originally owed. An agent may decide it's worthwhile to accept partial payment now rather than go through a prolonged collection process.

What happens if a debt collector won't negotiate?

If the collection agency refuses to settle the debt with you, or if the agency or creditor agrees to settle, but you renig on your end of the agreement, the collection agency or creditor may decide to pursue more aggressive collection efforts against you, which may include a lawsuit.

Can you dispute a debt if it was sold to a collection agency?

Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you don't believe you should pay the debt, for example, if a debt is statute barred or prescribed, then you can dispute the debt.

Can I negotiate with debt collectors?

Occasionally, when a debt goes to collections you may be able to negotiate with the collector to accept a smaller amount than what you originally owed. An agent may decide it's worthwhile to accept partial payment now rather than go through a prolonged collection process.

Why do debt collectors offer discounts?

Why is that? Because the collection agency bought the original debt from your creditor, most likely for a substantial discount. That means they don't have to recover the entire amount to make a profit. By proposing a settlement, you can pay off the debt quickly, usually for less than the original amount.

Can I settle a debt with the original creditor?

It's possible in some cases to negotiate with a lender to repay a debt after it's already been sent to collections. Working with the original creditor, rather than dealing with debt collectors, can be beneficial.

Can you negotiate a debt after a Judgement?

Negotiate With the Judgment Creditor It's never too late to negotiate. The process of trying to grab property to pay a judgment can be quite time-consuming and burdensome for a judgment creditor.

Do debt settlement programs work?

Yes! Just like any debt solution, this is not a silver bullet; it won’t fix every debt situation for every consumer. But when it’s used in the righ...

Do I need to work with a professional to settle my debt?

It’s possible to DIY debt settlement, but not always advisable. Plus, a professional debt settlement program will roll all of your monthly payments...

How bad does debt settlement hurt your credit?

This varies based on your credit profile. If you have perfect credit, then a settlement can affect you significantly; it’s likely you’ll lose your...

How does debt settlement affect your taxes?

This is an important question. The IRS counts forgiven debt as income. Essentially, the IRS expects you to pay taxes on the discharged balance. If...

How long does debt settlement take?

Making a single settlement offer and setting up and agreement can take as little as a month. If you enroll in a debt settlement program, then it ge...

How much does debt settlement cost?

When you work with a debt settlement company, you will pay fees. The fee amount varies by company. Usually, it’s a percentage of what you pay each...

Is debt settlement bad?

This depends on your goals. If you have an excellent credit score and don’t want to hurt it, then settlement is extremely bad. But if your score ha...

What is better: debt consolidation or debt settlement?

Again, this depends on your financial situation and goals. When Debt Consolidation is Better When Debt Settlement is Better Most of your debts ar...

What percentage of a debt is typically accepted in a settlement?

A creditor may agree to accept anywhere from 40% to 50% of the debt you owe, but it could go as high as 80%. The original creditor is likely to be...

How does debt settlement affect your credit?

Debt settlement may hurt your credit score by more than 100 points and the settlement will stay on your credit report for seven years. Add this to...

Why is debt settlement considered a last resort?

Debt settlement is considered a last resort strategy because of the damage it does to your credit. Other options that require you to pay back the f...

What is debt settlement?

Debt settlement is something many people consider if they are able to offer a lump sum of money up front – usually less than the total amount owed – in the hope the creditor will agree to this and accept the debt as settled.

What should be included in a debt settlement letter?

You should also include all the key information your creditor will need to locate your account on their system, which includes: Your full name used on the account. Your full address.

How to contact PayPlan?

If you are looking for guidance when dealing with creditors and proposing a debt settlement, our team here at PayPlan can help. Speak to our experts on 0800 280 2816 or use our contact form to get in touch.

What to do if creditor accepts offer?

If the creditor accepts your offer, ensure this is in writing before you send any money to them. Keep this written confirmation safe too in case there is any dispute in the future, so you can offer this as proof of the agreement.

What does it mean when you get your debt removed?

Doing this means your debt can be removed earlier and that you will no longer need to worry about making repayments.

What happens if you settle early on a debt?

It’s important to remember that if you settle early on your debt, this means you are not paying it in full and so it will show as partially settled on your credit report instead of settled. This can affect your ability to obtain credit in the future, as it suggests to future creditors that you may not be able to pay back the full amount borrowed.

When proposing a full and final debt settlement to creditors, it’s important you go about this in the right?

When proposing a full and final debt settlement to creditors, it’s important you go about this in the right way. This means sending a written letter explaining how you wish to settle your debt, how much you are offering to pay and when this can be paid by.

What to do if you agree to a settlement?

If you agree to a repayment or settlement plan, record the plan and the debt collector’s promises. Those promises may include stopping collection efforts and ending or forgiving the debt once you have completed these payments. Get it in writing before you make a payment.

How to talk to a debt collector about your debt?

Explain your plan. When you talk to the debt collector, explain your financial situation. You may have more room to negotiate with a debt collector than you did with the original creditor. It can also help to work through a credit counselor or attorney.

How to contact a debt collector?

Any debt collector who contacts you to collect a debt must give you certain information when it first contacts you, or in writing within 5 days after contacting you, including: 1 The name of the creditor 2 The amount owed 3 That you can dispute the debt or request the name and address of the original creditor, if different from the current creditor.

How long does it take for a debt collector to contact you?

Any debt collector who contacts you to collect a debt must give you certain information when it first contacts you, or in writing within 5 days after contacting you, including: The name of the creditor. The amount owed. That you can dispute the debt or request the name and address of the original creditor, if different from the current creditor.

How long does a debt have to be paid before it can be sued?

The statute of limitations is the period when you can be sued. Most statutes of limitations fall in the three to six years range, although in some jurisdictions they may extend for longer.

What to do if you don't recognize the creditor?

If you don’t recognize the name of the creditor, you can ask what the original debt was for (credit card, mortgage foreclosure deficiency, etc.) and request the name of the original creditor. After you receive the debt collector’s response, compare it to your own records.

When will debt collectors have to give notice of eviction moratorium?

All debt collectors must follow the Fair Debt Collection Practices Act (FDCPA). This can include lawyers who collect rent for landlords. Starting on May 3, 2021, a debt collector may be required to give you notice about the federal CDC eviction moratorium.

What is debt settlement?

Debt settlementis a debt relief option that focuses on getting you out of debt for a percentage of what you owe. It’s also commonly called debt negotiationbecause you negotiate to only pay back a portion of the outstanding balance. In exchange, the creditor or collector discharges whatever is left.

What is the advantage of debt settlement?

Cost savings is the other big advantage of debt settlement. While other debt reliefsolutions focus on reducing the interest rate applied to your debt, debt settlement makes APR a complete non-issue. With debt settlement, you only pay back a percentage of principal – that’s the actual debt you owe.

How to settle a medical bill?

With this method, you contact a company first and make a settlement offer. You offer a certain percentage of what you owe and request for the remaining balance to be discharged. You can use this method with debt collectors, medical service providers for unpaid medical bills, or with a credit card company if your account is behind but still with the original creditor.

How long does it take to get out of debt?

Unless you file for Chapter 7 bankruptcy, which can take as little as six months to complete, debt settlement is typically the fastest way to get out of credit card debt. Debt settlement programs can be completed in as little as 12 months, depending on your financial situation. Even if you have limited funds for generating settlement offers, a good debt settlement company may be able to help you set up a plan that would have you out of debt less than 48 months. That’s equal to the average term you’d face with a debt consolidation loan, and you’ll likely eliminate your debt for half the cost!

How long does a settlement stay on your credit report?

The settlement remains on your credit report seven years from when the account first became delinquent.

How much does it cost to file Chapter 7?

The filing fee for Chapter 7 is $335, then you’ll also have fees for your attorney. This is why it’s important to have the right filing expectationsbefore you take your case to the courts. Let a certified debt relief specialist help you weigh the pros and cons of debt settlement based on your needs, credit, and budget.

How much does it cost to file for bankruptcy?

Keep in mind that bankruptcy isn’t free. The filing fee for Chapter 7 is $335, then you’ll also have fees for your attorney. This is why it’s important to have the right filing expectations before you take your case to the courts.

Why do you do it yourself debt settlement?

A DIY settlement avoids the fees you might pay to a professional debt settlement company .

How many steps to take when you head down the DIY road of debt settlement?

Here are seven steps you can take when you head down the DIY road of debt settlement.

What are the downsides of DIY debt settlement?

Downsides of DIY Debt Settlement. Regardless of whether you take on the task yourself or reach out to a debt settlement company, you may face a tax burden if you do reach a settlement. If at least $600 in debt is forgiven, you’ll likely pay income taxes on the forgiven amount. Another downside to either DIY or professional debt settlement is ...

What to ask when entering a payment plan?

If you do enter a payment plan, ask whether the creditor will lower the interest rate on the debt to ease your financial burden. During your negotiations, maintain a written record of all your communication with a creditor. Last but not least, keep your cool and be honest.

How do debt collectors make money?

Debt collectors make money by collecting past-due debts that originated with a creditor, such as a credit card company. When dealing with debt collectors, be patient. It may take several attempts to get the type of settlement you’re comfortable with.

Why is debt settlement considered a last resort?

Debt settlement is considered a last resort strategy because of the damage it does to your credit. Other options that require you to pay back the full principal debt amount—and thus do not negatively affect your credit score—include debt consolidation and debt management plans.

Can you negotiate a DIY debt settlement?

If you choose to negotiate a DIY debt settlement, you don’t relinquish your personal control over the timing of the process.

Why do we need a debt settlement letter?

Writing a well-written debt settlement letter is a great tool if you’re seeking a plausible solution to protect your credit score or avoid bankruptcy.

What is a debt settlement request letter?

Writing a debt settlement request letter is a good way to negotiate your debt and to agree on a new financial agreement to either pay down or pay off your financial obligations.

What to do when creditor agrees to offer?

When the creditor agrees to your offer, it’s crucial that you keep up with your payment plan. Develop a budget and stick to it at all costs.

Why do collections agencies pressure people?

Collection agencies often pressure people since they get a percentage of your settlement.

Is it bad to pay off a debt without a written statement?

In terms of credit reporting, debt buying, and debt collection, paying off a debt without a documented written statement could prove to be a huge mistake.

Can anything you say in a letter be held against you?

Therefore, anything you say in your letter can be held against you in the event you have to go to court and face legal action.

Can credit card debt affect your credit score?

No matter if you’re credit card debt is overwhelming you or you can’t make your mortgage payments, your credit score can be seriously harmed by financial delinquency.

What is do it yourself debt settlement?

With do-it-yourself debt settlement, you negotiate directly with your creditors in an effort to settle your debt for less than you originally owed.

How long does it take to settle a debt?

While completing a plan through a company can take two and a half years or more, you may be able to settle your debts on your own within six months of going delinquent, according to debt settlement coach Michael Bovee.

How much does a debt settlement company charge?

With a debt settlement company, you’ll likely pay a fee of 20% to 25% of the enrolled debt once you agree to a negotiated settlement and make at least one payment to the creditor from an account set up for this purpose, according to the Center for Responsible Lending.

What is the difference between debt settlement through a company and doing it yourself?

Time and cost are the main distinctions between debt settlement through a company and doing it yourself.

What does "settled" mean on credit report?

Settled debts are generally marked as “Settled” or “Paid Settled,” which doesn’t look great on credit reports. Instead, you'll try to get your creditor to mark the settled account “Paid as Agreed” to minimize the damage.

How long can you be behind on a debt settlement?

Debt settlement is an option if your payments are at least 90 days late, but it’s more feasible when you're five or more months behind. But because you must continue to miss payments while negotiating, damage to your credit stacks up, and there is no guarantee that you’ll end up with a deal.

How to make a creditor sympathetic?

Approach the call with a clear narrative. Concisely portraying the financial hardship that made you unable to pay your bills can make the creditor more sympathetic to your case. Don’t lose sight of the amount you can realistically pay. Start by lowballing, and try to work toward a middle ground.

What is the first step in a debt settlement?

The first step in a debt settlement negotiation with a bank, credit card company, or collection agency is to confirm the debt belongs to you. Some debts pass through multiple collection agencies once they leave the original creditor. During that time, mix-ups can occur or debts can become so old they are past the statute of limitations and legally uncollectible .

How does debt settlement work?

Luckily, there are many debt relief options. Debt settlement is one of the most advertised and for good reason. It’s often used for credit card debts and allows borrowers with unmanageable debt to pay off one or more debts for less than the full amount. The creditor then forgives the remaining debt. This may sound too good to be true, but it’s not. How well it works for you will depend on your financial situation and whether you choose to hire a debt settlement company to help you or do the debt settlement process yourself. This article will explain how to handle debt settlement on your own and how to write the best debt settlement letter possible.

What Is a Debt Settlement Letter?

If you’re unable or unsure about negotiating a debt settlement over the telephone, negotiating by letter is a reasonable option. It’s not much different negotiating with your creditor by telephone, but it might take longer. There are several ways to prepare a settlement letter, including hiring an attorney to write it for you or going online to download a template to use as a starting point. There are also several sample letters you can look at to get an idea of what your completed letter should look like.

How long do you have to be behind on your debt to get a creditor to accept your debt?

To increase your chances of getting a creditor to accept your debt, you need to be at least 90 days behind on your payments with that creditor. And during the negotiation process, you’ll need to continue not making any payments. This will hurt your credit score and the extra fees and interest may increase your overall debt. But it’s easier to convince a creditor that you can’t fully pay off your debt when you haven’t made any payments for several months. Remember, a creditor is willing to settle a debt for less than what you owe because they fear your financial situation is so uncertain that they won’t recover any money from you in the near future.

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How to reach out to your creditor?

Now it’s time to reach out to your creditor. You can do this by telephone or by letter. Either way, you’ll need to have some cash saved up beforehand. Most debts get settled after the borrower makes a one-time lump-sum payment of the outstanding debt. In other cases, you’ll need to pay two or three large payments over a short period of time instead. Creditors rarely agree to let borrowers use a payment plan with monthly payments to settle their debts.

How long does it take to settle a debt?

Another major advantage is that the DIY debt settlement process tends to be faster, perhaps six months or less. In contrast, using a debt settlement company can easily take several years. Not only does this extra time mean it takes longer to get debt relief, but that’s more time for your debt to accrue interest and penalties.

What does it mean to settle a debt?

Also known as debt negotiation or debt resolution, debt settlement means your creditors have agreed to accept less than the full amount you owe them. Most creditors will not accept settlement offers if it appears you can pay the full amount, however. So debt settlement often requires you to stop paying entirely.

How do settlement firms tell you when your first settlement is expected?

The settlement firm should tell you when your first settlement is expected, based on your creditors and the amount of money you are able to save to settle. The longer it takes to settle, the greater your risk of being sued.

What is a red flag in debt settlement?

Red Flag: If the company claims to make monthly payments or if it gives you the impression that it does, then find out exactly how they conduct their business. This is not how debt settlement generally works and is cause for you to be concerned about pursuing business with that company.

What does it mean when a person is not a debt consultant?

Red Flag: If the person you are talking to is not a debt consultant, it may be a salesperson who is more concerned about making a sale than helping you with your debt.

Why are companies sued?

Many companies don’t settle much debt at all—in fact, some large firms have been sued because they have settled so little of the debt brought to them —and young companies have very little experience. Debt relief rules require that companies base their claims on all consumers who have enrolled in their programs and not just a few of their best examples when describing their results.

What is another alternative to consider if you are to the point of debt settlement?

Bankruptcy is another alternative to consider if you are to the point of debt settlement. You should also consider a debt management plan through a debt counseling agency.

What should a reputable settlement firm do?

A reputable settlement firm should keep you in the loop and pass along regular updates on the status of negotiations with your creditors. Red Flag: If the company cannot tell you when to expect an update, you may not get any updates at all.

What information do debt settlement companies need?

[ 1] That information includes all fees, conditions and terms of service, along with how long it could take to get results.

What is debt settlement?

Debt settlement companies agree to try and settle your debts for a reduced amount or with better terms for a fee that’s usually based on a percentage of the amount the company saved you on the settled debt.

What happens if a debt settlement company advises you to stop making payments to your creditors?

If a debt settlement company advises you to stop making payments to your creditors, that action could damage your credit , according to the Consumer Finance Protection Bureau (CFPB). [ 3]

Can debt settlement companies collect fees?

Debt settlement companies make their profit from fees they collect from customers. However the debt settlement company isn’t legally allowed to collect any fees until after it settles, reduces or changes the terms of at least one of your debts, according to the federal Telemarketing Sales Rule. [ 1]

Can a credit card company negotiate with a debt settlement company?

Not all credit card companies will negotiate with a debt settlement company, even with the customer’s consent. If the creditor refuses to negotiate, however, the debt settlement company can still settle the debt eventually with the collection agency that purchases it.

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The Basics of Debt Settlement

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Debt settlementis an agreement between a lender and a borrower for a large, one-time payment toward an existing balance in return for the forgiveness of the remaining debt. Someone who owes $10,000 on a single credit card, for example, may approach the credit card company and offer to pay $5,000. In return for this …
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The Downsides of Debt Settlement

  • Although a debt settlement has some serious advantages, such as shrinking your current debt load, there are a few downsides to consider. Failing to take these into account can potentially put you in a more stressful situation than before. First, debt settlement generally requires you to come up with a substantial amount of cashat one time. This is what makes the debt settlement attract…
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Should You Do It Yourself?

  • If you decide that a debt settlement is the right move, the next step is to choose between doing it yourself or hiring a professional debt negotiator. Keep in mind that your credit card company is obligated to deal with you and that a debt professional may not be able to negotiate a better deal than you can. Furthermore, the debt settlement industry has its fair share of con artists, ripoffs, …
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Appearances Matter

  • Whether you use a professional or not, one of the key points in negotiations is to make it clear that you’re in a bad position financially. If your lender firmly believes that you’re between a rock and a hard place, the fear of losing out will make it less likely that they reject your offer. If your last few months of card statementsshow numerous trips to five-star restaurants or designer-boutique sh…
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The Bottom Line

  • While the possibility of negotiating a settlement should encourage everyone to try, there’s a good chance you’ll hear a “no” somewhere along the way. If so, don’t just hang up the phone and walk away. Instead, ask your credit card company if it can lower your card’s annual percentage rate(APR), reduce your monthly payment, or provide an alternative payment plan. Often your cre…
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