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What Are Your Options? Do Nothing
For the vast majority of people this is not a very practical solution, but technically speaking it is an option. However, choosing to do nothing means your current financial concerns are not going away. There are thousands of Americans who rob Peter to pay Paul, which means to borrow from one credit card to pay another in hopes that somehow in the near future they can get back on track. The result is that they just end up deeper in the hole with no end in sight.
Obtain a Debt Consolidation Loan.
First off, you must have something of value to offer as collateral for this to be an option at all; most people use the equity of their home. This is typically no longer an option due to the current housing market. If you do happen to have equity in your home, however, a debt consolidation loan can be referred to as “debt transformation”. You see, you are not at all reducing your debt, but merely transforming it from a low-risk unsecured debt into a high-risk secured debt. Statistics have shown that a high percentage of people who obtain debt consolidation loans end up right back where they were in credit card debt within 5 years, but this time around there is an extra secured payment that must be made first. Unfortunately, this situation has forced many people into bankruptcy.
There are also unsecured debt consolidation loans which require no collateral but most Americans that apply for this type of loan get denied because their current credit cards are maxed out. Even if you think your credit is good because you have never missed a payment the second most important part of your credit score is your debt to credit limit ratio, where if your debt exceeds 50% of your credit limit it's to high, in spite of the fact that your income is high enough to handle the payments you will be denied.
Credit Counseling Services
Most of these organizations are non-profit and funded in-part by the creditors. You make one monthly payment to the credit counseling service which can be the same as what you are paying now plus their monthly fees, then they disperse your payments to the creditors for you. Usually the creditors will lower the interest rates on your accounts if you meet the creditors requirements. You must remember that you are still paying back the entire balance plus interest; your creditors are not reducing any of the remaining balance that you owe, just the interest.
Missing one month’s payment can get you removed from the program by the credit card companies and many creditors will not allow you to re-apply into another program for a year or more. This means you are back in their hands of the creditors with high interest rates. Due to the rigid structure of this type of program close to 75% of people who enroll into credit counseling programs fail to ever graduate.
This type of debt relief is a good option for some people, but if you have doubts about the affordability of your new scheduled monthly payments, be very cautious before enrolling in a consumer credit counseling program.
Bankruptcy
For most people this is considered a last resort option. It can appear on your credit report for up to 10 years. Bankruptcy is also a matter of public record for anyone to see for the rest of your life. You also must be aware that filing for bankruptcy means you will have to file in court, and certain types of bankruptcies require a court-appointed trustee to control and oversee your estate. The 2005 Bankruptcy Act made changes in the law that have made it very difficult for most Americans to totally wipe out their debts; which means in many cases you may be set up in a repayment plan determined by the courts, which could be up to 60 months.
Negotiate Settlement For Less Than The Full Balance Owed.
Most creditors if handled properly will accept a debt settlement for less than the balance owed. In most cases saving the debtor thousands of dollars and helping them become debt free in a fraction of the time they otherwise would have. But keep in mind that if you are current with your debts your creditors will only accept payment in full. Only when an account goes into default (past due status) will the creditor consider accepting less than the amount owed.
Would Satisfying Your Creditors For Substantially Less Including Our Fees Solve Any Of Your Financial Problems?
For many Americans a reduction in their overall debt may not be the answer to their financial situation because of cash flow problems. If you are past due because of a decrease in your income and the potenial of increasing it is next to impossible then bankruptcy may be the only option.
For thousands of Americans there is hope outside of bankruptcy, and that solution is debt settlement. The origin of settling debts for less than the original amount has been a part of history dating back many years. This is not a new practice and will remain as part as our culture for as long as there are people in debt.
It’s very important to keep in mind that the debts which are typically negotiable are known as unsecured debts. These can be department store cards, credit cards, personal loans, defaulted medical bills, auto repossessions, old phone bills, and even some types of home equity loans. The types that are not negotiable are home mortgages, auto loans, and motorcycle or boat loans where you still have the vehicle but the bank holds the title. Others are taxes, child support, alimony, federal funded student loans, and any other bills that you are still using the service.
Every situation is different when dealing with collectors to settle your debts, and there are many factors that dictate what will or will not be accepted. Depending on your situation, we may settle one or more of your debts for as little as $0.20-0.30 on the dollar. But, some creditors may be very difficult and the least they will accept may be $0.50-0.60 on the dollar. This is when a professional company that deals with your creditors on a daily basis will be able to determine what is considered good and what is not.
Can I Do This On My Own?
Do I really need to hire someone to try and negotiate my or can I just do this on my own? Absolutely, you can do it on your own. Just like when selling your home the question is; do I need a real estate agent to sell my house? No, but consider this, if you do not have the time, expertise, and the knowledge, the cost of making mistakes can be enormous. That is why it is a good idea to retain the services of an experienced professional who knows what they are doing.
Here are some tips if you do want to attempt Debt Settlement on your own,
What if I don’t respond and temporarily do nothing? Many times this works best, the old saying "no news is good news" can apply, but this can also backfire, and you can miss a great opportunity for a very favorable settlement. Knowing when to hold back and do nothing is a major factor in dealing with collectors.
You must understand what a good settlement offer is and what is not. For example, one creditor may never budge for less than 50%, so accepting that offer would be wise. But on the other hand there are creditors who will accept 20%-35% of an account balance. Having the knowledge of how they operate is a key ingredient to know when to hold out and when to settle; this is essential to achieving the best possible results.
Do not expect the creditors and collection agencies to just roll over and play dead, while reducing your debt by thousands, if not tens of thousands of dollars. Understand, this process can take several months so you have to be strong and not fall for their tactics to intimidate you into prematurely accepting a bad deal.
The old saying “It’s not what you know, but who you know” is very important when it comes to negotiating your debt. Avoiding uncooperative people and actually speaking to the right person makes the difference between getting a settlement or not.
Different creditors and collectors will require different negotiating strategies. What you find may work with one company could have a totally reverse affect when tried with another company. Making such mistakes could trigger a lawsuit. Typically each company has its own way of doing business, and we're familiar with all of the creditors' tactics, policies and procedures.
Creditors will routinely threaten to sue. In the vast majority of cases this is just a bluff, but it is a real possibility. It is essential to know the past performance of the company threatening litigation; many companies send the exact same threatening letter to everyone and rarely ever sue. Only experience with the companies and tactics can help you to determine if the threat of a lawsuit is legitimate or not.
What if I receive a letter or call for a law firm does that mean I’m going to be sued. One of the main reasons creditors and collection agencies use law firms to collect debts is because the official appearance of a law firm’s letterhead. This is usually enough to get most people to react and pay immediately. If the law firm is not registered to practice law in your state they can not represent a client in court where they are not licensed, so the odds of that firm suing diminish. Dealing with a law firm collections company requires confidence and the correct approach to receive a favorable settlement.
What is the best time to settle with the original creditor or let it go to a collection agency? This question is asked the most and many times you are much better off actually dealing with the collection agencies; however there are times when dealing with the original creditor is much more beneficial.
Are judgments and liens negotiable? Yes, but the results may not be as favorable. Caution must be used when speaking to the creditor; having the knowledge of the legal system in your county is necessary, as not to put yourself in a worse situation. Also you will need to know how to properly file the paperwork in your courthouse once a settlement has been reached
What happens when my debt continues to be sold to more than one collection agency? Now more than ever you will see that a debt is sold from one collection agency to another, which means that the original creditor is completely out of the picture. There is potential for a problem if this should arise if the account that has been sold was one that was already settled, or in the process of being settled. You see, the new collection agency may not have to honor the terms of the original settlement agreemement. Having a professional on your side will definitely help to eliminate this potential problem.
The Debt Settlement Process Is Not For Everyone
When it comes to negotiating settlements with your creditors there is no free lunch. As is with everything thing in life there are positives and negatives. If you find that any of the four previous points are unacceptable to you, then STOP NOW because this strategy of debt reduction is NOT FOR YOU! If not read on.
WHY HIRE US
We at Donaldson Williams are an accredited member with the BBB (Better Business Bureau).
You do not pay our settlement fees until after we have reached a debt settlement agreement that you accept! The FTC (Federal Trade Commission) has made very strict rulings in the debt settlement industry. These rulings do not legally allow debt settlement companies to charge their fee before settling your accounts. Be weary because many debt settlement companies are not abiding by these rulings and may end up getting shut down! We here are Donaldson Williams are in 100% compliance with all the rulings of the FTC. As a matter of fact, we always have been - it didn't take a government agency to force us to be an honest and ethical debt settlement company. We are so because we have a strong desire to assist our clients, achieving their freedom from debt as soon as they possibly can.
We do not require that you set up a monthly payment to be deposited in a trust or escrow account. We understand that most people are more comfortable handling their own money, and we like knowing that our clients feel that they can trust us, and know where their money is on a daily basis. For this reason, we simply ask that you update us on your savings progress so that we may negotiate with your creditors accordingly.
Most people do not have the time to devote to successfully complete the process and achieve favorable results. Some people think all it will take is a quick phone call to your creditors and they will just reduce your balances substantially. We wish this were the case, but it is not. Successfully negotiating settlements with creditors/collectors will require many well thought out and planned phone calls, letters and settlement proposals over time. To do this right it takes some time and there is no getting around that.
Negotiating skills and knowledge are a must for debt settlement. Every creditor and collection agency has its own procedures and policies, regarding how they handle settlements. You must know each of these companies procedures to be successful at settling. As said earlier one tactic may be successful with one creditor and have no effect with another.
We act as an intermediary between you and the collectors. The benefit of having a respected and reputable company greatly helps the communication with the collectors and the success of achieving very favorable settlements. They treat our negotiators much differently then they would treat you. You could say the same exact thing as our negotiators but get nowhere. That is how important having a good companies’ reputation is.
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