The Pitfalls of Working with Debt Settlement Companies | Article (2024)

On behalf of James Miller

Working with debt settlement companies rarely works and is guaranteed to be expensive.

If you find yourself behind on your debts, you are probably in a tense and desperate situation. When faced with such a situation, many people will do anything to get themselves out of it. However, it is important to be careful to not let your desperation for a way out to cause you to take steps that would lead to a worse situation. One of the potential ways for those owing debts to do exactly this is to work with debt settlement companies.

You may already be familiar with debt settlement companies that advertise on television. Their promises of settling your debt for a fraction of what is owed may seem alluring. However, in reality debt settlement companies have a very low success rate-as low as 10 percent according to the Federal Trade Commission. The reason for the low success rate: the ineffective tactics these companies use.

One tactic in particular that virtually all debt settlement companies use is to advise their clients to stop paying their bills while the company “negotiates” with creditors. Debt settlement companies tell their clients by doing so, they are using nonpayment of bills as leverage to convince creditors to accept a percentage of what is owed. However, this questionable tactic rarely works and makes the client’s situation worse in most cases.

Since the law does not require creditors to work with debt settlement companies, clients that follow this advice are almost guaranteed to be hit with late fees and interest once they stop payment on their bills. As a result, their outstanding balances continue to grow significantly. Additionally, nonpayment may simply goad creditors into garnishing the client’s wages or adopting other collection tactics.

Debt settlement clients can find themselves in a more difficult situation even in the rare cases where the debt settlement company is successful. In such cases, if the creditor agrees to accept less than the full amount of the debt as payment in full, the amount that is forgiven is considered income under the tax code. As a result, clients can face an unexpectedly large tax bill.

Consider a solution that works

In most cases, debt settlement companies do little or nothing to help clients with their debt problems while charging them high fees to do so. Many companies charge their clients 15 percent of the amount of debt owed or higher, regardless of whether they ultimately are successful.

Since the only guarantee that you would likely get out of debt settlement companies is a high bill for services, if you are struggling with debt, you might want to consider filing bankruptcy. Unlike debt settlement tactics, bankruptcy is a process that, if done right, can reduce or wipe away most of your debts without any adverse tax consequences. Also, the fee to file bankruptcy is quite low compared with hiring a debt settlement company.

Furthermore, debt settlement with the right firm can make all the difference. Here at Miller & Miller we do know that bankruptcy is not right for everyone, and therefore we do have our own version of debt negotiation/settlement that avoids the pitfalls mentioned in this article. The important thing is to have a proper evaluation first by an attorney who can do BOTH bankruptcy and debt settlement, so that you know the plan you choose is going to work exactly as anticipated.

To learn more about the benefits of bankruptcy and other debt relief options, contact the experienced bankruptcy attorneys at Miller & Miller Law, LLC. Our attorneys will help you explore all your options and recommend one that would be best, given your unique circ*mstances.

The Pitfalls of Working with Debt Settlement Companies | Article (2024)

FAQs

Is there really a government debt relief program? ›

There aren't any free government debt relief programs for credit card or personal loan debt other than bankruptcy. Many types of government debt relief exist in the form of grants and low-interest loans for specific purposes.

What is the disadvantage of debt relief programs? ›

Debt settlement cons

Creditors are not legally required to settle for less than you owe. Missed payments on your bills to be able to negotiate will damage your credit score. Debt settlement companies can charge fees.

Is it worth doing a debt relief program? ›

If you're one of the millions of Americans struggling to repay high-interest debt, a debt relief plan may be an option to help you get your finances on track. But it's not a quick fix. It's a long-term solution designed to help you get out of debt over a period of time — typically several years.

What is the success rate of debt settlement? ›

Depending on the situation, debt settlement offers only a percentage of what you owe, an average about 48% but in some cases, you may owe up to 80%.

Is debt settlement worth it? ›

While debt settlement may be worth a lower credit score for some, it may not be for everyone. You should avoid debt settlement if: You can afford your monthly payments. You haven't explored options like debt management and consolidation.

Who has the best debt relief program? ›

  • Best for credit card debt: National Debt Relief.
  • Best overall: Money Management International.
  • Best for customized options: Accredited Debt Relief.
  • Best for all unsecured debt types: Americor Debt Relief.
  • Best for customer support: Pacific Debt Relief.
  • Best in availability: Century Support Services.

What are the dangers of debt forgiveness? ›

Tax implications: Forgiven debt may be considered taxable income, potentially resulting in a hefty tax bill. Costly: Engaging with debt relief companies can cost money, exacerbating financial difficulties.

Does debt forgiveness ruin your credit? ›

While credit card debt forgiveness can offer a path out of overwhelming debt, it's not without its drawbacks. The impact on your credit score can be significant, potentially affecting your ability to obtain credit, secure favorable interest rates or even rent a home in the near future.

Can I still use my credit card after debt settlement? ›

Yes, you can still use a credit card after debt settlement. However, it's important to do so responsibly. Using a credit card wisely can help rebuild your credit and improve your financial situation.

What is the National debt relief Hardship Program? ›

Founded in 2008, National Debt Relief is a debt settlement company that negotiates the reduction of unsecured debt. If you have over $7,500 in unsecured debt, NDR may be able to cut that amount in half.

How much does it cost to use a debt relief program? ›

These services also aren't free: Most for-profit debt relief companies charge clients between 14% and 25% of the total debts enrolled in the program. Many require clients have at least $10,000 worth of unsecured debt to qualify. That means a fee of between $1,400 and $2,500, at least.

What is the downside of freedom debt relief? ›

How Will Freedom Debt Relief Affect My Credit? Debt relief can negatively impact credit scores. That's because creditors typically won't negotiate with you or a third party until you miss payments. Payment history heavily influences credit scores, however, so late or missed payments can cause your score to drop.

How much should I pay to settle a debt? ›

According to the American Fair Credit Council, the average settlement amount is 48% of the balance owed.

Do you pay taxes on debt settlements? ›

Debt Settlement Tax Consequences

The IRS considers any debt cancelation of $600 or more as additional income — and taxable — even if you didn't actually receive any money.

What is the lowest a debt collector will settle for? ›

Your debt collector may accept a lump—sum repayment amount between 25% and 50% of the full debt, but that is no guarantee. Some collection agencies require the full debt amount, while others are willing to work with debtors to varying degrees.

Is there really a debt forgiveness program? ›

While forgiveness typically isn't an option, you can pursue debt relief options such as: Bankruptcy: You can file for bankruptcy, which in certain cases includes full or partial debt forgiveness.

Is there a government credit card debt forgiveness program? ›

The government does not offer a free debt relief program, per se. That said, various programs and resources are available to help you manage your debt load more effectively. And some government programs provide assistance and resources available to help you meet your debt-payoff goals, including credit counseling.

Is the American Debt Relief Program legit? ›

American Debt Relief is a reputable firm that uses a process known as debt settlement to help consumers negotiate and settle credit card debt. This company boasts excellent user reviews and can help you get started with a free debt assessment.

Is there such a thing as national debt relief? ›

As the amount in the escrow account increases, National Debt Relief negotiates with individual creditors on your behalf to get them to accept less than the amount you owe. Because you're no longer paying the creditor, the creditor may view getting a reduced amount as better than receiving nothing at all.

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