The potential to be sued for debts due to non payment is what causes consumers to reach out to a debt settlement attorney to learn further about their options. In my experience consumers typically accuse National Debt Relief of not settling their debts in time to avoid the lawsuit or not informing them that they could be sued on the debts when it all could have been avoided in the first place had the consumer talked to a debt relief attorney from the beginning of their financial problems.
Bankruptcy and debt settlement can reduce or eliminate debts, but they severely impact your credit. However, continuing to struggle may actually be a slower, less effective way to get rid of the debt. Debt management doesn’t reduce debts, but its effect on your credit is less severe. And be aware that some types of debts typically can’t be erased or reduced: federal student loans, child support, and secured loans on cars and homes.
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One of the most effective ways to budget to eliminate debt is using the cash envelope system. This is where you place a predetermined amount of money in different envelopes labeled with different spending categories. Anytime you spend within a category, the money must come from the corresponding envelope. When the money is out, it’s all out, and you can’t overspend.
If you choose laddering, put as much money as you can each month toward the card with the highest interest rate, while still paying the minimums on the other cards. Once that debt is paid off, move on to the card with the second highest rate and so on. But this is very important: Do not close the account once the balance is paid off. That will damage your credit. Just let the account sit at a balance of $0.
A debt management program consolidates your debt without you having to take out a loan. In other words, you don’t need a loan to pay off a loan. It is administered by a nonprofit credit counseling agency like InCharge Debt Solutions, which offers financial education alongside the program so that consumers learn from the experience and aren’t likely to repeat it again.
Settling your debts used to be a less than reputable practice but has recently gained prominence. It is basically where you hire a debt relief company to negotiate with the creditors on your behalf. The goal is to get them to agree to settlements where you make lump sum payments for a portion of your debts (this should much less than your total balances). In return the creditor agrees to forgive the rest of the debts.
It couldn’t hurt to talk to a credit counselor, particularly because this is affecting your health. Here’s how to find a counselor through the National Foundation for Credit Counseling. Depending on your amount of debt and income, it may or may not be the right answer for you. From your question, it’s hard to know whether you should be talking with a bankruptcy attorney, credit counselor or simply someone who can help you with a realistic budget you can stick to. But we hope a counselor, with more information about your specific situation, can offer guidance.
Warning: Debt settlement may well leave you deeper in debt than you were when you started. Most debt settlement companies will ask you to stop paying your debts in order to get creditors to negotiate and to collect the funds required for a settlement. This can have a negative effect on your credit score and may result in the creditor or debt collector filing a lawsuit while you are collecting settlement funds. And if you stop making payments on a credit card, late fees and interest will be added to the debt each month. If you exceed your credit limit, additional fees and charges may apply. This can cause your original debt to increase.
Second, there's no guarantee that creditors will accept a partial payment. They may refuse any terms that a bankruptcy alternative proposes, leaving you potentially in worse shape than when you began. Finally, late fees and interest accrue on unpaid balances. That's money you'd have to pay, on top of any exorbitant fees the credit agency itself may be charging.
You cannot use your existing credit cards while you’re on a debt management plan, nor can you open new accounts. McClary also said that if you do manage to open new credit card accounts during your debt management plan, existing creditors who find out may stop participating in your debt management plan and reset your account to its original terms and interest rate.
Be VERY careful before you decide go with debt settlement and don’t believe the huge savings you will supposedly get. Lower but stretched payments with higher interest will cost much more on the end. These 30-50% so-called savings are in the fact money going into their pockets. Plus, your credit score will be so screwed up that nobody rent you a bicycle.
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Elsewhere in the European Union, regulation and non-regulation of credit counseling agencies and their approaches, including DMPs, are widely varied. In Sweden, guidelines for credit counseling are loosely provided by the Swedish Confederation of Professional Employees (TCO) and creditors are encouraged to use them in lieu of the court system. In Ireland, the Irish Congress of Trade Unions (ICTU) provides debt resolution information directly to debtors. In Latvia, a debt advisory company called LAKRA works with employers to assist indebted employees.
Rachel Kampersal said debt management plans require you to change your habits dramatically since you will have to stop using credit. “Per requirements from creditors, any card that is entered into a debt management plan will be closed, meaning you can no longer make charges to these cards. While difficult, it’s important to stop incurring new debt.”
The company is clear about average fees ($40 for setup and $25 monthly, not to exceed $75 and $50, respectively) as well as average interest-rate and payment reductions on its website. They also publish detailed “transparency reports” that include debt management dropout rates, savings rates, and client satisfaction rates tracked over several years.
Much of what debt management companies do involves simply contacting your creditors and negotiating alternative repayment plans, hopefully with reduced interest rates and fees. If you are struggling to make payments, you can usually do this yourself. Most creditors will be eager to help you meet your debt obligations because they want to help you avoid bankruptcy, which sucks for them. Talking to your creditors directly isn’t pleasant, and it may not be easy, but it can be done.
Credit score is not a factor with credit counseling. The initial consultation, even with a credit check, won’t affect your score. There is no minimum score requirement to enroll in a debt management program. In addition, when done correctly the program has either a neutral or positive effect on your credit. In other words, if you still have good or excellent credit, this program won’t set you back.
Finding debt relief means that you identify a solution that minimizes the burden of debt repayment. The goal is to reduce or eliminate interest charges and fees so you can pay off your debt faster. In many cases, you can pay less each month and still get out of debt faster than with traditional payments. Essentially, you find a better way to pay back what you owe that works for your finances.
Chapter 13 is typically more expensive than Chapter 7 but I can’t give you a specific total cost for either. It will vary. Your best bet is to talk with a consumer bankruptcy attorney. If you can’t afford to file now, the attorney should be able to help you figure out other options. Keep in mind that they are used to seeing consumers who are at the end of their rope financially, so it’s not something you should be embarrassed about.
Rates can vary depending on where you live: The rate that is advertised on LendKey is the lowest possible rate among all of its lenders, and some of these lenders are only available to residents of specific areas. So even if you have an excellent credit report, there is still a possibility that you will not receive the lowest rate, depending on geographic location.
As far as options go, I’d recommend you start by talking with a reputable credit counseling agency – one of the options I mentioned in the story. That will give you a baseline to start with. If they can help you with DMP, it’s likely to do the least damage to your credit (with the exception of just paying the debt off) over the long run. If you/they determine a DMP isn’t feasible then you’ll know you have to look at more drastic options like negotiation or bankruptcy.
For example, a person with three or four credit cards, might owe a combined $20,000 on the cards and be paying something like 24 percent interest. The credit counseling agency representing him could go to a bank and negotiate a loan at half that rate and save quite a bit of money in interest. The loan money would be used to pay off the credit cards, creating a zero balance on each card. Instead of making three or four payments every month, the person would have only one payment.