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Debt
Settlement
Debt settlement is negotiating
for the reduction of the amount of debt, so it is also
called as debt negotiation. The debt settlement is
suitable for those who are in huge amount of debt and
are moving towards bankruptcy. There are many agencies
that facilitate debt settlement for their clients. They
actually negotiate with the creditors to settle the debt
for a lesser amount than what was taken by the debtor.
But to enroll with a debt settlement agency the total
amount of debt must be in between $7,500 and $10,000. A
debt settlement is allowed only when the debtor is under
serious financial problem.
The situation of debt settlement
usually comes when a debtor is not capable of meeting
his or her debt responsibility due to financial
crunches. Consumers who use debt settlements are those
who are experiencing legal financial trouble. The
creditor agrees to cancel some part of the debt and
accept some remaining sum as the full repayment.
A debtor may register into a
professional debt settlement program or the debtor can
directly negotiate settlement with the creditor. The
process is same in both the cases. On registering with a
debt settlement company; the debtor will have to sign a
limited power of attorney, so that the company can
negotiate on behalf of the debtor. The debtor will have
to save up and keep aside some money to put up the
settlement fund. When enough funds are raised to make a
reasonable settlement offer, the debtor or the hired
professional debt negotiator will negotiate with the
creditor for a cheap payoff. The negotiated amount
usually lies in between 25% and 50% of the remaining
balance.
Whenever the creditor agrees to a
conclusive amount, payment is given and the account is
considered as settled.
Not all the debts can be settled
in this way. In fact, there is a category of debt that
is eligible for the debt settlement. Usually, only
unsecured debts like credit cards and medical debts can
be discussed for settlement. Secured debts like car loan
and home loan cannot be negotiated because in most of
the cases creditors can recover the asset purchased with
the credit issued to the debtor.
The debtor's benefit for
registering into a debt settlement program or doing the
direct debt negotiations with the creditors is to pay
the debt according to his or her financial ability.
Secondly it helps to stay out of bankruptcy, which is
marked on the debtor's credit report and can remain up
to 10 years. On the other hand it is also beneficial to
the creditors because they can at least recover funds
that would otherwise be lost if the debtor becomes
bankrupt.
Though the debt settlement is
beneficial for those who are under serious financial
crunch but it also causes problems that are hard to get
rid of. Some of the troubles that a person may face due
to debt settlement are damage in credit history,
increased collection calls, tax penalty, possibility of
court case, and the need to settle the debts with all
the creditors.
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