Settlement FAQs

how to negotiate collection settlement

by Lila Johnston Published 3 years ago Updated 2 years ago
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Here's how to approach negotiation on debt settlement with a debt collector:

  • Determine what you can afford to pay. Review your budget. ...
  • Ask the debt collector to remove all negative information from your credit records related to the settled debt that has been added to your records since the debt was turned ...
  • Put the deal in writing. Get the details of the agreement in writing before you give the collector any money. ...

Full Answer

What happens if you don't pay a debt collection?

What Happens If You Don't Pay a Debt Collection Credit Report Impacts. Debt collectors report accounts to the credit bureaus, a move that can impact your credit score for several months, if not years. ... Collector Calls. ... Credit Report Marks. ... Unfavorable Interest Rates. ... Job Hunting. ... Lawsuits. ...

How to negotiate settlement with creditors?

  • Stop using your cards immediately. ...
  • Your accounts must be past due. ...
  • Be patient. ...
  • Speak with the right person. ...
  • Make your pitch. ...
  • Present your offer verbally. ...
  • Have your funds ready to go. ...
  • What should you offer? ...
  • Let them know you have other creditors. ...
  • Be humble and show remorse. ...

More items...

How do I settle a debt with a debt collector?

  • A debt collection agency may contact you with a settlement offer.
  • You can contact the debt collection agency in writing and offer a settlement figure. ...
  • You can make a counter offer if the agency's settlement offer is too high or it rejects your offer. ...
  • Accept the terms of the agreement in writing.

How to negotiate with debt collectors?

How to Negotiate with Debt Collectors

  • Stay Calm. While it can feel unnerving or scary when a debt collector calls, there’s no reason to panic. ...
  • Ask for Documentation. ...
  • Know What Not to Say. ...
  • Prepare to Negotiate. ...
  • Take Action to Prevent Future Debts From Going to Collections. ...

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What percentage should I offer to settle a 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 should I offer to settle a collection account?

Start by offering cents on every dollar you owe, say around 20 to 25 cents, then 50 cents on every dollar, then 75. The debt collector may still demand to collect the full amount that you owe, but in some cases they may also be willing to take a slightly lower amount that you propose.

Can you negotiate a settlement with a collection agency?

Believe it or not, though, it's possible to negotiate with a collection agent and end up paying less than you owe. 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.

Will a debt collector settle for 30%?

Lenders typically agree to a debt settlement of between 30% and 80%. Several factors may influence this amount, such as the debt holder's financial situation and available cash on hand.

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.

Will debt collectors settle for half?

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.

Is it better to settle or pay in full?

Settling for Less Can Relieve Stress And it's important to know that paying your debt in full is the better option when it comes to your credit. If you can't pay in full, settling is better than defaulting on your debt and may relieve some stress for you.

What should you not say to debt collectors?

Don't Give Information About Your Income, Debts, or Other Bills. Debt collectors can get some of this information from your credit report and may even use it to get you to make immediate payment. For example, they may say “I see that you're current on all your credit card payments.

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.

Is it worth it to settle debt?

In general, paying off the total amount of debt you owe is a better option for your credit. An account that appears as "paid in full" on your credit report shows potential lenders that you have fulfilled your obligations as agreed, and that you paid the creditor the full amount due.

Do settlements hurt your credit?

Yes, settling a debt instead of paying the full amount can affect your credit scores. When you settle an account, its balance is brought to zero, but your credit report will show the account was settled for less than the full amount.

Can I pay original creditor instead of collection agency?

Working with the original creditor, rather than dealing with debt collectors, can be beneficial. Often, the original creditor will offer a more reasonable payment option, reduce the balance on your original loan or even stop interest from accruing on the loan balance altogether.

Is it good to pay settlement offers?

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. Settling a debt means you have negotiated with the lender and they have agreed to accept less than the full amount owed as final payment on the account.

What percentage should I ask a creditor to settle for after a Judgement?

If you decide to try to settle your unsecured debts, aim to pay 50% or less. It might take some time to get to this point, but most unsecured creditors will agree to take around 30% to 50% of the debt. So, start with a lower offer—about 15%—and negotiate from there.

What happens if you pay a settlement offer?

As long as your creditors accept your offer – i.e. agree to sum of money in the settlement offer – they will accept partial settlement of your debt in exchange for writing off the remaining amount you owe. If the settlement offer is big enough, the money will be shared equally among all of your creditors.

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.

Lawsuits

Unfortunately, when dealing with delinquent debt, either the creditor or collection agency may file a lawsuit if you refuse to pay the money you owe.

Bankruptcy

Filing for bankruptcy is a huge decision that can affect your life for years to come. While there are certainly some situations where it’s a good choice, you should put in a lot of thought and research about the benefits and consequences before making your decision.

Settling Your Debts

Now we know the two worst-case scenarios to avoid: lawsuits and bankruptcies. To do this, you can employ several strategies to settle your debts with a debt collector. Read each one carefully to determine which ones work best for your situation.

Best Type of Debt for Settling

There are two types of debt you can have: secured and unsecured. Secured debt means that personal property is associated with the money you owe, such as a house or a car.

Debt Validation

Your very first step in settling your balance should be to send a debt validation request.

Statute of Limitations

Another basic strategy for settling your debt is checking the statute of limitations in your state. After a certain point, your debt may be too old to even collect on anymore. Because the timeline varies depending on where you live, check specifically for where you live.

How to Negotiate with Debt Collectors

Even if your debt is within the statute of limitations and the debt collector has verified that it does indeed own your debt, you still have several ways to negotiate. Start by offering a lump sum payment of an amount you can afford to pay for the debt.

What to do if you can't get a debt collector to accept a lower payment?

Even if you can't get the collector to agree to accept a lower payment, you may be able to work out an arrangement to pay off the debt in installments. Knowing how to negotiate with debt collectors will help you work out a payment solution that helps you take care of the debt collection account for good. 1.

How to contact debt collectors?

Here are a few things you should know: 4  1 Debt collectors can only call you between 8 a.m. and 9 p.m. 2 They can't harass you or use profane language when speaking to you. 3 They can't threaten to take action that's illegal or that they don't intend to follow through with. 4 Debt collectors can only contact your employer, family members, and friends to contact information about you.

What to do if a credit collector doesn't send proof?

Otherwise, if the collector doesn't send sufficient proof, send the collector a cease and desist letter asking they stop contacting you and dispute the debt with the credit bureaus. 8 

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

5  Approach all debt collections with a healthy dose of skepticism. Within five days of contacting you, the collectors must send you a debt validation notice.

How do debt collectors work?

Debt collections can happen to even the most financially responsible consumers. A bill may slip your mind, you may have a dispute with the creditor over how much you really owe, or billing statements can get lost in the mail before you ever know the debt exists.

How long does it take for a debt validation notice to be sent?

Within five days of contacting you, the collectors must send you a debt validation notice. This notice lists how much money you owe, names the entity to which you owe it, and details steps you can take if you believe there's been a mistake. 6 

How do junk debt buyers make money?

Or, junk debt buyers earn profits on debts they've purchased for just pennies on the dollar. 2 . Collectors only make money when consumers pay the debt. They can't seize property or take money from consumer bank accounts unless they sue and obtain a court judgment and permission to garnish the consumer's wages. 3 . 2.

Why do collections agencies settle?

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.

How does a collection agent work?

The collection agent is incentivized to get you to pay as much money as possible with the least amount of effort on their part. The agent works on commission and gets a portion of whatever you pay.

How does a credit bureau agent work?

The agent works on commission and gets a portion of whatever you pay. The best outcome is to get this debt off your back by paying a lump sum and getting a receipt and a commitment from the agency to update the status of your account on your credit report to reflect payment. Here’s how to do it.

What to say when an agent makes an offer?

If the agent makes an offer, for example to waive interest, reduce payments or let you skip a payment, you can respond by saying, “I see,” without committing immediately. The agent may then ask for something in exchange such as paying higher interest. Don’t give up more than you get.

What to do if you don't pay your credit card bill?

If the agency doesn’t do so, send any and all written evidence that you paid the bill to the credit bureau. Be sure that you understand how much, if any, of the debt was forgiven.

What to do if an agent keeps playing hardball?

If the agent keeps playing hardball, insisting that you pay a certain amount you can’t afford, don’t let them trap you. It’s fine to politely hang up and call back a day later. Successful negotiations may take weeks. As you continue to negotiate, tell the agent you want them to report the bill as paid in full.

What to do if you get a no?

If you get a “no,” ask to speak to a supervisor. The supervisor may say no also, or make a counter-offer. Try to figure out the amount he or she really wants. For example, if the supervisor offers to waive two months’ interest if you pay the principal that’s due on a loan, perhaps the agency would actually waive three or four months of interest. Try making a counter-offer.

What happens if you pay a debt to a collection agency?

If you settle for a lesser amount, you and the collection agency can agree in writing that the debt will be accepted at a lower rate and be reported as "paid in full" or "paid as agreed." The account will still stay on your credit history, but it may have less of a negative impact over time.

What happens if you become delinquent on a credit card?

If you become significantly delinquent on a credit account, it's possible the debt may wind up in collections. This means your original lender has sent your account to a collection agency, which has in turn assigned one or more collectors to contact you repeatedly in an effort to see the debt paid.

Can a collection agency accept a debt?

However, while some collections agencies will accept your debt at a lesser amount, this option is never guaranteed. Often, a collection agency will push to collect the full balance on what you owe and you will still be responsible to pay off your debt in full.

Know Your Rights When Dealing With a Collection Agency

If you are going to be dealing with more than one creditor or you expect to be dealing with one creditor for an extended period of time, then it is probably worth your while to brush up on the rules laid out in the Fair Debt Collection Practices Act (FDCPA). This law was created to protect consumers from harassment and abusive collection practices.

Develop a Debt Management Plan

If you don’t have any type of debt repayment plan, now is the time to make one. Sound debt management and responsible personal finances always begin with a budget. To get your finances back under control, you’ll need to create a comprehensive budget that incorporates all of your sources of income plus all of your monthly bills.

Begin Negotiating Only When You Have a Reasonable Payment Plan In Hand

You should only begin negotiating with a debt collector when you have a realistic and reasonable payment plan worked out from your budget. Don’t bother contacting them before you have this because you can end up making promises that you can’t keep over time.

Get the Settlement Agreement in Writing!

If you have reached an agreement with a debt collector or debt collection agency, be sure to get all of the settlement or payment terms in writing before you start making any payments. The agreement should also say how your debt or debts will be reported to the credit bureaus.

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 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.

What company did the CFPB take legal action against?

In 2013, the CFPB took legal action against one company, American Debt Settlement Solutions, saying it failed to settle any debt for 89% of its clients. The Florida-based company agreed to effectively shut down its operations, according to a court order.

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 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.

What is debt settlement?

Key Takeaways. Debt settlement is an agreement between a lender and a borrower to pay back a portion of a loan balance, while the remainder of the debt is forgiven. You may need a significant amount of cash at one time to settle your debt. Be careful of debt professionals who claim to be able to negotiate a better deal than you.

How to negotiate a credit card?

Start by calling the main phone number for your credit card’s customer service department and asking to speak to someone, preferably a manager, in the “debt settlements department.”. Explain how dire your situation is.

Why do credit cards keep putting you on a debt?

It is usually because the lender is either strapped for cash or is fearful of your eventual inability to pay off the entire balance. In both situations, the credit card issuer is trying to protect its financial bottom line—a key fact to remember as you begin negotiating.

How long to cut down on credit card spending?

To raise your chances of success, cut your spending on that card down to zero for a three- to six-month period prior to requesting a settlement.

What are the downsides of debt settlement?

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.

Is debt settlement good for you?

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.

Can a credit card company seize a debt?

Credit cards are unsecured loans, which means that there is no collateral your credit card company—or a debt collector —can seize to repay an unpaid balance. While negotiating with a credit card company to settle a balance may sound too good to be true, it’s not.

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