Debt Settlement in the U.S.A.

by Wendy Black Polisi on December 8, 2009

Debt, and the legal rights possessed by both lenders and debtor, differ by country; so it is important to keep in mind that not all of the advice you may find online may be applicable to you. Similarly, even within the United States, many separate states have additional legislation on top of federal laws that give both lenders and debtors additional rights and protections. Just like when you seek bankruptcy help, it can be wise to seek the advise of an exert when you are considering other options.  Knowing what options you have from the outset can help save you a great deal of time and energy and it also means that if you want to hire experts, you should look for ones that are familiar with the relevant laws in your specific jurisdiction.

Regardless of the laws and protections in any given jurisdiction, debt settlement is usually a viable option for most people. Credit card debt settlement is just opening negotiation with the lender to have some or all of your debt written off, usually in exchange for a large and immediate payment of a percentage of the amount owed. Since federal and state regulations in the United States limit the range of options available to debt collectors, they will often enter into negotiations with debtors in order to receive at least a decent portion of the outstanding debt immediately, as opposed to waiting around indefinitely. Further, if you are in serious financial trouble, the threat of the debtor filing for bankruptcy, thereby having a lot of their debt erased by the courts, weighs heavily on many debt collectors, making them more inclined to negotiate a settlement.

Opening negation can be done by the debtor individually or can be done through the services of a third party debt settlement company, like debt settlement usa. The primary advantage of opening negotiations yourself is that it costs you virtually nothing, so any money saved is actually saved. However, the problem is that you do not necessarily know who to talk to, what to ask for, or how to go about the process at all. This is why many people opt to use debt settlement companies or at least get debt settlement advice. The problem is that the debt settlement industry is largely unregulated and many companies fail to carry out what they promise while still charging the debtor significant fees.  To make matters more difficult, it would appear that the better business bureau made a unilateral decision to not allow debt settlement programs to be eligible for a satisfactory rating.

The basic promise of debt settlement companies is that they know how to deal with the lender, they know what laws are relevant and what to ask for to get results. All of this is often true, but at the same time the debt settlement company is also a for profit venture and therefore they have a vested interest in getting as much from the client as they can. Since the industry is unregulated, there is a virtually endless array of pricing and billing models in use, so there are no “average costs” for the consumer to compare. Likewise, once hired, fee-based debt settlement companies have no incentive to get the job done quickly, in fact assuming the fees are monthly, they have an active incentive to stretch the process out as long as possible.

For people seriously in debt, the best rule of thumb is to compare the actual time and expense of using a debt settlement company with that of hiring a bankruptcy attorney. If the debt settlement company does not make a firm offer regarding the amount to be charged and the period of time involved, avoid using them at all. The best offers are those that base their fees on the amount of debt successfully negotiated away, these at least have an incentive to get something done for you. Even at that, if the pre-savings expense costs significantly more than hiring a bankruptcy attorney, you should at least consider using the latter.  Of course, the cheapest thing you can do is learn how to handle debt settlement on your own.

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