With the average U.S. household owing more than $10,000 in credit card debt, it's no surprise that millions of consumers are turning to debt counseling, debt management companies or debt settlement firms to become debt free.
However, there are enormous differences between these types of organizations. A good debt management (or debt counseling) company, such as
the National Foundation for Debt Management (http://www.NFDM.org), will offer free or low cost services, can help you preserve your credit rating, and will teach you to organize your finances and budget properly. It will also successfully negotiate with your creditors to give you financial relief.
By contrast, even with the "best" debt settlement companies, consumers often pay high fees, wind up with serious blemishes on their credit files, and receive little to no financial education. Additionally, while many debt settlement firms tout "guarantees" about their work, in reality they have no way to ensure that their questionable techniques and unorthodox negotiating methods will ultimately be effective.
Read on to discover the downside to using the services of debt settlement companies – and why using a debt management company for debt counseling is far more advantageous.
The Hit to Your Credit Scores
The primary reason that I don't recommend using debt settlement companies is that they typically advise you to stop paying your bills for a few months – sometimes as long as six months or more. At the end of that period, the debt settlement company goes to your creditors and tries to negotiate settlements on your behalf.
The logic used by debt settlement firms is simple: They figure that after a few months of not getting paid, your creditors will be so eager to receive some money (instead of no money) that these creditors will gladly settle your debts for pennies on the dollar.
If only debt counseling were that easy.
The problem with this is strategy is two-fold. First, you wind up with serious black marks on your credit reports and you decimate your FICO credit scores. After all, just one late payment can drop your FICO credit score by 50 points or more. Imagine the damage done by being three to six months late on multiple accounts. This is terrible debt counseling.
Another reason your credit takes a hit with debt settlement is that, when it is "successful," your creditors agree to accept less than the full amounts owed (even though they will consider the balance as paid). The creditors often then turn around and report to the credit bureaus that your account was "Settled" or "Paid by Settlement" – which still tarnishes your credit records with Equifax, Experian and TransUnion.
Does Debt Settlement Work – Or Does is Backfire as a Debt Counseling Technique?
Additionally, there is no assurance that the debt counseling methods used by debt settlement firms will work. Instead of caving in to a debt settlement company's demands to let you pay, say, $30 for every $100 you actually owe, creditors may just decide to sue you, get a judgment against you, or garnish your wages. Needless to say, if any of these events happened, your financial situation and/or your credit would be worsened – not improved.
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If You're in Deep Debt Trouble ...
Try to Negotiate ...
If making even the minimum payments on your loans is getting to be too much for you, it's time to go directly to your creditors and try and negotiate. You can negotiate for a lower minimum, lower interest rate or different payment terms. Trust us: Your creditors want to get paid -- they may not like having to reduce your payments (and they may even put a nasty mark on your credit report), but you stand a good chance of getting at least one or two of your creditors to make a reduction. Just remember to be polite and non-confrontational when you call ... and tell them what you CAN pay every month. If the rep you're talking to isn't a help, ask to speak to her supervisor.
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If Youre in Deep Debt Trouble ...
It's a sure sign of the times: millions of Americans are having a hard time keeping their heads above water. Credit card delinquencies are up 18% in the last three months. People are walking away from their homes because they can't make the mortgage payment. What about you? Is your stomach in knots when the mail arrives or the phone rings? Find out the steps you can take today to begin digging yourself out of this debt trouble. Personal finance experts Ken and Daria Dolan of Dolans.com walk through your options.
Mouse over the photo at left, and use the arrows to click through our gallery and see the Dolans' expert suggestions for dealing with debt trouble.
If Youre in Deep Debt Trouble ...
Make at Least the Minimum Payments
While you are working on debt relief, do everything you can to keep making the minimum payments on your credit cards. Of course, we'd love for you to pay MORE than the minimums each month so you can pay your credit cards down faster. But at least make your minimum payment so you don't get hit with huge penalties and interest. Perhaps most importantly, it will keep your credit debt in the hands of your credit card company rather than having it turned over to a collections agency.
If Youre in Deep Debt Trouble ...
Try to Negotiate ...
If making even the minimum payments on your loans is getting to be too much for you, it's time to go directly to your creditors and try and negotiate. You can negotiate for a lower minimum, lower interest rate or different payment terms. Trust us: Your creditors want to get paid -- they may not like having to reduce your payments (and they may even put a nasty mark on your credit report), but you stand a good chance of getting at least one or two of your creditors to make a reduction. Just remember to be polite and non-confrontational when you call ... and tell them what you CAN pay every month. If the rep you're talking to isn't a help, ask to speak to her supervisor.
If Youre in Deep Debt Trouble ...
Consider Credit Counseling
If you're getting nowhere with your creditors directly, then it's time to contact a credit counseling service. A good credit counseling service will help you create a personal spending budget. Most also offer debt management services in which they'll contact and negotiate lower payments and interest rates with all of your creditors. (Plus another benefit is you only need to write one check to the service and they'll distribute the payments for you.) There are both private and non-profit organizations in this arena, but beware -- there are some shady characters in this field. We suggest starting with the National Foundation for Credit Counseling (NFCC.org), a non-profit that includes the longstanding and reputable Consumer Credit Counseling Service.
If Youre in Deep Debt Trouble ...
Consolidate Your Debt
If you're constantly robbing Peter to pay Paul every month -- juggling payments on car loans and credit cards -- then debt consolidation might be the best answer for you. With it, you can roll all of your balances into one big loan. It'll reduce your monthly debt, plus it should reduce the amount of time it takes to pay it all off. There's one catch: Your credit needs to be decent in order to get a debt consolidation loan, so if you have a lot of credit dings and dents due to spotty payments, this may not be an option for you.
If Youre in Deep Debt Trouble ...
Settle if You Can
If you're way past due on a credit account, you may be able to make an offer your creditor can't refuse. This is especially true if the account is so delinquent that it's already been turned over to a collection agency. In this case, call your credit card company and offer to settle your debt by making a reduced one-time payment that will clear up the debt for good. This is only in the event you can't pay the account off in full and have no hope of doing so in the near future. Settling your debt can prevent a lawsuit and even the resale of your debt to another creditor. Offer 50 to 70 cents for every dollar you owed -- so offer to pay $500-$700 on a $1,000 debt. Debt settlement will show up on your credit report, so your score may suffer, but you'll do far more damage by having an open delinquent account on your record.
If Youre in Deep Debt Trouble ...
Bankruptcy as a Last Resort
When you've exhausted all other options we discussed and you don't see any other way out, bankruptcy may be your last resort. Bankruptcy certainly isn't something to jump into lightly. It will ruin your credit for several years, and will even affect your ability to rent a home and secure a new job! If, after doing some numbers-crunching, you determine it'll take you longer than FIVE years to pay off everything you own, then you may want to go the bankruptcy route. But before you do...
If Youre in Deep Debt Trouble ...
Bankruptcy Options
If bankruptcy is your only answer, keep in mind you have two options. Chapter 7 allows you to wipe out most, if not all, of your debts while Chapter 13 works out a realistic repayment plan under court protection. As appealing as Chapter 7 might sound, keep in mind that your income might be too high for you to qualify for it. With Chapter 7, not all debts are excused. You don't get to skip out on Uncle Sam, nor will you be free and clear of any outstanding child support or alimony payments. Also, a Chapter 7 bankruptcy will stay on your credit report for 10 years, as opposed to Chapter 13, which will be removed after 7 years.
If Youre in Deep Debt Trouble ...
Communication Is Key
As you try to get out from under your debt, the single most important thing you need to do is keep the lines of communication open with your creditors. Evading phone calls from creditors and collection agencies and tossing out reminder notices will only get you in deeper trouble. Instead, address these phone calls and letters directly and promptly. Be open and tell them your situation -- e.g. you lost your job, you're going through a divorce, etc. -- and make sure they know your main goal is to work on repaying them in some form. Remember: The more upfront you are with your creditors, the less likely you'll be harassed. You'll also stand a greater chance of working out a reasonable repayment plan directly with them.
If Youre in Deep Debt Trouble ...
Know Your Rights!
Speaking of harassing creditors, we want you to be fully aware that you DO have rights when it comes to how your creditors "work" with you. No matter how much hot water you're in, you're protected by the Fair Debt Collection Practices Act. Your creditors can't contact you before 8am or after 9pm. They also can not call you at your place of employment unless you give them permission. Debt collectors are also barred from falsifying who they are, or making false threats (like telling you that you will be arrested or will lose your home if you don't pay up). To find out more about your rights, check out the FTC Web site.
If Youre in Deep Debt Trouble ...
The Better Method – Financial Education Through Good Debt Counseling and Reasonable Negotiations
Rather than use a debt settlement company, a better strategy is to first try to negotiate directly with your creditors. If your efforts fail, and you can't keep up with your bills, then it's time to enlist the help of a credit counseling agency/debt management firm. A good non-profit, HUD-certified credit debt counseling agency is the National Foundation for Debt Management (http://www.NFDM.org). I'm a spokesperson for this organization, and I know that they do good work and are trustworthy.
Debt management programs are typically scheduled to take three to five years to complete; most debt settlement programs usually take two to four years. Fortunately, enrolling in a debt management program, also known as a DMP, shouldn't backfire on you – as long as you continue to pay your bills on time.
When you enroll in a debt management program, your credit files do include a notation that you are participating in a DMP. However, taking part in a debt management program does not adversely impact your credit rating, nor is it a factor in how your FICO score is calculated, according to executives from Fair Isaac Corp., the creator of the FICO score.
Your credit rating also doesn't suffer because you are paying back everything you owed in a typical debt management program. The cost savings come primarily from having late fees eliminated, and interest rates lowered – two key factors in helping you become debt free fast. Now that's good debt counseling!
Don't Forget About Debt Settlement Fees... And That Big Tax Bill
Obviously, costs vary for debt elimination programs. But $25 a month is a common monthly fee for many debt management programs. Most debt settlement companies charge you in one of two ways:
1. A flat fee, which often runs $1,000 or more, and may be based on how much money the debt settlement "saves" you by negotiating with your creditors
2. A percentage fee, with fees of 15 to 20% of your total debt being typical
So for those with $10,000 in debt, fees would run to about $1,500 to $2,000 for a 3-year debt settlement program, compared with about $900 in fees for a typical 3-year debt management plan.
Why Pay Thousands When You Are Already Thousands of Dollars in Debt?
Besides the fees cited above, it's not uncommon for debt settlement firms to impose added monthly charges on their clients. These fees can be as low as $20 a month or as high $90 or $100 a month, depending on the company in question. Over time, therefore, consumers shell out thousands of dollars – on top of the initial fees charged – when they opt to go with a debt settlement firm.
Finally, when people enter debt settlement programs, they are usually required to make regular payments to the debt settlement firm before the company will negotiate with your creditors. In other words, they hold onto your money until they deem it's the right time to approach your creditors.
By contrast, with a debt management company, they've already pre-negotiated in advance with your creditors. So a debt management company should be able to tell you right away, for example, that your Capital One Visa card with an 18.9% interest rate will now be lowered to 7%; or that your department store charge card from Nordstrom, which was previously at 23.9%, will now be at 0%. (These are examples, of course, but it's often the case that the pre-negotiated interest rates that debt management companies secure on your behalf will fall between 0% and 7%.)
The IRS's Viewpoint on Debt Settlement
If you enter into a debt settlement plan, one final hazard to be aware of is that you will have to pay taxes on the amount of money you saved. For instance, if your debt was $10,000 and the settlement plan says you only have to pay $3,000, you will be required to pay taxes on the $7,000 you saved. If you are in the 25% tax bracket, you'll have to fork over $1,750 to the IRS, because the government deems your $7,000 in savings as income.
Clearly, there are many pitfalls associated with debt settlement programs – from unexpected taxes to high fees and damage to your credit rating. As a result, most consumers battling credit card debt and trying to become debt-free would be far better off seeking out the help and services of a reputable debt management firm. Debt counseling should help you, not hurt you.
Lynnette Khalfani-Cox, an award-winning financial news journalist and former Wall Street Journal reporter for CNBC, has also been featured in top newspapers including the Washington Post, USA Today, and the New York Times, as well as magazines ranging from Essence and Redbook to Black Enterprise and Smart Money. Check out her New York Times bestseller,
'Zero Debt: The Ultimate Guide to Financial Freedom.'
Comments: (12)
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By: meanvee on 4/16/2010 1:42PM
Most people that use debt help programs are already 4 to 8 months behind in payment, that's why you use it, I don't advise it if your payments are current, use it if your behind as a last resort.
http://www.bestchoicepayday.com/payday_003.htm - best recommended debt help services.
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By: Credit Card Debt on 4/17/2010 12:17AM
We help consumers who have more than $5k in unsecured debt. We guarantee settlements at 55% of your current balance or better. Call or email me for more details.
John Shapiro
debtrelief@rocketmail.com
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By: Jehnavi on 4/19/2010 7:30AM
The primary reason that I don’t recommend using debt settlement companies is that they typically advise you to stop paying your bills for a few months – sometimes as long as six months or more. At the end of that period, the debt settlement company goes to your creditors and tries to negotiate settlements on your behalf.
http://www.edebtmanagement.net/
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By: allandraves on 4/23/2010 12:52AM
< a href="http://debtsolutionsgrp.com/">Debt settlement program is, really, a complete legal answer for customers who are in deep and looking for a choice to bankruptcy.
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By: Debt Solutions on 4/23/2010 9:00PM
It's really not easy to deal with credit card debt, especially if we are already not capable of paying it all anymore. That is why debt consolidation loans and debt settlements are there to help. However, you need to be very keen on choosing the right debt settlement company. Find one that offers clients diverse options to effectively deal with their debt problems, without having to let them worry of high interest rates.
Dev Motwani
http://www.cdadebtsolutions.org/
877-548-5403
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By: taniacrane on 5/03/2010 2:20AM
Debt relief makes your life relief... To lead your life happily, without any stress and tension of loans, better go for debt settlement program.
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By: Credit Card Bank employee on 5/03/2010 4:24PM
I have worked for credit card banks and 3rd party collection agencies for 20 years. I have recommended Consumer Credit Counseling Service to countless people and have never told a single customer it is a good idea to go to a settlement mill. CCCS repairs and restores credit, while teaching good financial behaviours. Settlement companies are best at taking advantage of customers in a bad situation and make it worse. Settlement companies do not get any special deals or offers, and whenever possible, banks will speak to the customer directly to save the customer money. We settle accounts every day and are required to advise them of the 1099C tax form they will get from a settlement while the settlement company is not under the same regaltory requirement. There are settlement companies that do try to help the consumer, but they are few and far between.
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By: Edie on 5/05/2010 9:03PM
I am currently involved with this company name USA Debt-free consolidation. I just began with this service, my question is have you heard of them and if they are ok.
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By: jesus rosa jr on 5/05/2010 11:33PM
Help, I need help. I need a good debt managment program that will negotiate with my creditors. I don't want to stop paying what I owe, after all I did spend and created this debt. It's in the 60,000 dollars. I just want the credit card companies to lower my interest rate. I had a Sears Card that went from 14.9% to 29%. I have great credit and payment history. When I asked why they raised my interest rate, they told me that it was not in their control. What a bunch of bull ! My Bank of America credit card went from my promotional rate of 6.99% to 18%. What the heck is going on here. All I want to do is pay my debt as a reasonable interest rate. If the credit card companies do not lower my interest rate then I will be forced to stop making payments and possibly looking to use a debt settelment company. What a shame, my good credit will go down the drain. I am a good person and want to pay my debt but at 29% interest rate on $7000 is killing me. The Bank of America balance of $14,000 at 18% is killing me. Please HELP ! HELP ! What can I do ?
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By: Momsspeclk on 5/06/2010 11:10AM
I recently contacted National Debt Relief(Complete Service Debt Services)in Flordia, wanted to know if you know any thing about this company.if I should use them., I'm in big debt right now and layed off from my job.,I need some guidance on what I should do HELP HELP Their fee is 14%.
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