Monday, 12 January 2009

Debt Settlement

Debt Settlement is a process in which a consumer eradicates his or her unpaid debts to his or her current creditors. Debt settlement serves as one alternative to filing bankruptcy. In debt settlement, usually an escrow, or trust, account is set up by the consumer who is facing a lot of debt. The consumer accumulates money in this escrow account every month in order to serve as proof that once a settlement on the debt has been agreed upon the consumer does indeed have the resources to begin making, and is capable of continuing to make, the payments in accordance with the agreement made. Many consumers chose to utilize a debt settlement company to settle their outstanding debts with creditors. Using a debt settlement company may be a wise decision for a consumer who is ready to get his or her finances in check but may not have the time to haggle and bargain with all of his or her current creditors. It is important to note however, that one should shop around for the best debt settlement company that suits one’s needs. Consumers should be wary of fraudulent debt settlement companies. Here are some things to look out for:

•Ridiculous Fees- Most debt settlement companies charge fees for their services. Consumers should be cautious of debt settlement companies that beat around the bush when asked exactly how much the debt settlement companies’ services cost. Before committing to a debt settlement company, consumers should ask for a break-down of their monthly payments; namely, consumers should find out how much of their monthly payments in the escrow account is going towards the companies’ fees and how much of their monthly payments in the escrow account is going towards actually settling the debt with creditors.

•Outrageous Claims- Some debt settlement companies make outlandish claims or promises to settle consumers’ debts for a few pennies on the dollar. However, the average debt settlement company typically settles for 20%-75% of what is actually owed. This range has a huge amount of variance. Furthermore, there is no way for a debt settlement company to know for sure how much a consumers’ creditors are willing to settle for. Therefore, it is important for consumer’s to ask for evidence to document the debt settlement companies’ claims.

•Decision Making- Some debt settlements companies have sales personnel who earn wages strictly from commission and therefore, are pushy and urgent in making consumers decide to utilize the debt settlement companies’ services. Debt settlement may not be right for everyone. Consumers should be certain that they can make the monthly payments. Furthermore, consumers should be aware that debt settlement laws vary by state. Most importantly, for-profit, companies that charge fees, debt management companies are not allowed to operate in the below 12 states:

-Arizona, Georgia, Hawaii, Louisiana, Maine, Mississippi, New Jersey, New Mexico, New York, North Dakota, West Virginia, and Wyoming.

It is important to remember that although debt settlement might worsen your credit in the short-term, the long term effects of debt settlement are to tackle your finances.



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6 comments:

Jack Payne said...

Good tutorial on debt problems. it's amazing how few people even begin to understand debt problems at all. My favorite gripe is "Debt Consolidation," empty all pockets and park in one. This, along with for-profit and not-for-profit debt settlement services are real head scratchers to me.

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