Debt Negotiation – The Facts

Debt negotiation (debt settlement) has increasingly become a popular choice in recent years as the solution to financial hardships experienced by many people.

Unfortunately, there is much misinformation circulating on the Internet, radio and several publications, regarding the process of debt settlement.

• What is Debt Settlement?

     Debt settlement is a process whereby individuals (or the debt negotiation firm they hire) negotiate with their creditors to reduce the pay-off balance on the amount of debt they owe. Depending on your personal circumstances, creditors will usually agree to accept 50% or less of what is actually owed. Once the agreed-upon funds have been received by your creditor, no further balance is owed and your account is “zeroed out.”

• Does Debt Settlement Affect Your Credit Score? 
  
  If you’ve been paying your bills on time, with no delinquencies on your record, yes, it’s highly likely that debt settlement will have a negative impact on your credit score. You see, before a creditor will agree to look at the possibility of accepting less than the full balance as payment in full, your account must be in a delinquent status. After all of your accounts are “settled,” and your credit report reflects a zero balance on each account, your credit score will begin to return to a number which is acceptable to obtain a conforming mortgage, auto loan, etc. This usually occurs within a few months of completing the entire process of debt settlement. Of course if you become a client, we believe in being proactive to ensure that your account status is updated with the major credit bureaus sooner rather than later, therefore, Donaldson Williams forwards your settlement documentation free of charge, to all three credit reporting agencies, as well as a request to update your records immediately following a settlement.

• Is There a Tax Liability as a Result of Debt Settlement?

When a creditor agrees to settle an account for less than the full balance, they are required by the IRS to report the canceled debt on Form 1099, if the amount of the forgiven debt is $600 or greater. There’s also a good possibility that you may not be required to pay taxes on your forgiven debt if you can prove that you were “insolvent” at the time you settled your debt(s). In order to be classified as insolvent you need to have a negative net worth. In other words, you would owe more money than you’re actually worth and your liabilities would exceed your assets.

If you’re required to pay taxes on your forgiven debt, however, you may want to approach this topic from a different angle. For instance, if you save $30,000 through debt settlement, and are required to pay income taxes on this amount, it’s only because you saved a significant amount of money. If someone were to offer you a gift of $30,000 that you may be required to pay income taxes on, would you deny the gift simply because of the income tax liability? I think not.

• How Do You Know if Debt Settlement is Right for You?

Debt settlement is best utilized by individuals who can simply no longer afford to meet their monthly financial obligations. If you’re considering bankruptcy, debt consolidation or consumer credit counseling, debt settlement is an option you should definitely explore. This is especially true if you’re reluctant to commit to a long-term payment agreement, as would be required through consumer credit counseling. Also, understandably, many people simply want to do all they can to avoid bankruptcy, and if there’s a possibility that you qualify for debt settlement, you can indeed avoid a bankruptcy filing.

Hopefully this information has provided you with the answers necessary to make an informed decision regarding debt negotiation. As with all of the options available to those who find themselves facing financial hardship, debt negotiation should be examined closely. If you find that this is the answer for you, and you decide to hire a firm to negotiate on your behalf, please choose carefully and be certain that you’re being well represented. Many firms will work on a contingency basis, and won’t expect payment until a satisfactory settlement has been reached with your creditor.

If you should have any questions, or need assistance, feel free to contact us. For a free consultation, click here. Remember, Donaldson Williams, Inc. charges absolutely no monthly fee and no set-up costs because we work on a contengency basis, and you don't pay a fee for our services until after a satisfactory settlement has been reached with your creditor(s).