1.5 Debt Settlement Pros and Cons: Overview

1.5 Debt Settlement Pros and Cons: Overview

1.5.1 Debt Settlement Pros

Reduced debt, more favorable payment schedule

Once debt settlement negotiations are complete, collectors can no longer pester you for

the money owed. Perhaps, most importantly, you can no longer be sued over the debt.

“Debt settlement reduces your debt, you pay less than you owe…and it can eventually

improve your credit,” said attorney Leslie Tayne, founder of Tayne Law Group, adding that

“typically you’ll have lower monthly payments as a result of debt settlement, since the

amount owed is reduced. You may also be given a more favorable repayment schedule.”

Improved credit score over the long-term

While it’s true that your credit score may take a hit during the debt settlement process,

over the long run this approach can be beneficial because debt settlement lowers your

outstanding debt and your credit card utilization rate, said Tayne. “Individuals on a debt

settlement program can usually repay their debt in one to four years. Having lower monthly

payments from entering a settlement also allows an individual to get back on their feet and

become financially healthy again.”

Debt consolidation versus debt settlement

Yet another approach to dealing with debt is the debt consolidation process, which

typically involves rolling unsecured debt into one personal loan. Ideally the loan comes

with a lower interest rate than the rate on your credit cards. “Debt consolidation is simply

moving the balance of multiple loans into one loan,” said Tayne.

This approach also has fees associated with it, but it will not damage your credit score the

way debt settlement does.

“Individuals who aren’t struggling with their monthly payments and have good credit are

the best candidates for consolidation,” said Tayne. “Debt consolidation can be a good idea

when the interest rates on the new loan are more favorable than the current loans. It also

allows turning multiple bills each month into just one bill.”

Debt settlement, on the other hand, may be a better choice for those who are struggling to

make ends meet and can’t afford their monthly payments. It may also provide relief from

the stress and anxiety that often comes with significant levels of debt.


1.5.2 Debt Settlement Cons

There are drawbacks and even risks associated with debt settlement, including service

fees, damage to your credit score and, sometimes, an unexpected tax bill.

Fees

The fees associated with debt settlement services vary depending on local state laws.

However, it’s not unusual for a third-party debt settlement professional to charge between

15 percent to 25 percent of the debt being resolved. That means if you’re seeking to settle

a debt of $50,000, you’ll pay a fee based on that amount, not on the final negotiated

repayment amount.

It’s important to note, however, that according to rules enacted by the Federal Trade

Commission (FTC) in 2010, debt negotiation companies may only charge fees after they

have resolved the debt for the client, said Fox, of Freedom Debt Relief.

Damage to your credit score

Going through the settlement process and resolving debt using this approach can

negatively impact your credit score. This, in turn, will make it harder for you to borrow

money at good interest rates or even to get credit at all in the future.

For instance, many debt settlement companies ask that you stop making payments on

your credit card during negotiations because lenders and creditors are not as likely to

negotiate with a consumer who is still able to make monthly payments on their bills. Not

paying bills, of course, damages your credit.

“To settle, most creditors require that an account is in a delinquent status; so, during the

settlement process, an individual’s credit score will often take a hit while the accounts are

in negotiation,” said Tayne. “This means you may also be sued.” In addition, when

accounts are marked as “settled” on credit reports, it can have a negative impact on your

credit score, said Tayne.

Debt settlement is not as quick as you think

Debt settlement is not a quick fix, unfortunately. To begin with, you’ll need to put a

significant amount of money into a settlement account. At the same time, the attorney or

debt settlement company will need to work with each of your creditors to come to a

resolution, and that can take years. It’s not unusual for the entire process to take as long

as three to four years.


Forgiven debt is taxable

While it may be a relief to have your debt settled, and possibly for less than you originally

owed, you may now be on the hook with the IRS. That’s because forgiven debt over $600

is taxable. In other words, you may have to pay taxes on the difference between what you

owe and what you will be paying back.

“The IRS considers forgiven or canceled debt as income,” said Tayne.

You may owe more than when you started

When you begin the debt settlement process, the debt attorney or third-party company will

often advise you to stop making payments on your debt. However, even after you stop

making payments interest will still be accruing on that debt. What’s more, you may also

begin racking up late fees. In the end, these charges may increase your debt to more than

was originally owed.

Other drawbacks:

  •  In the best-case scenario, 50-70% is the amount by which you might be able to cut your balances by negotiating your debt.
  •  First, debt settlement generally requires you to come up with a substantial amount of cash at one time. You’ll need to stop and consider where the funds are going to come from and how that money could be used elsewhere in your personal finances, and you want to make sure a large payment now isn’t going to leave you in a tight spot a few months down the road.
  •  You risk having your credit card account closed completely after the settlement is complete. In other words, your lender may drop you as a client because of your poor track record of paying back what you owe.
  •  It could encourage imprudent and reckless behavior by historically fiscally irresponsible parties. Some who are relieved of their debt may embark on borrowing sprees in the expectation that their creditors will eventually bail them out.
  •  Prolonging the payoff of debt due to consolidation, whereby the interest rate is lowered but the term is lengthened.

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