Overview of Debt Settlement (The Real Last Resort)
Debt settlement is an alternative to bankruptcy.
Debt settlement
is a private negotiation
between you and your unsecured creditors (typically credit cards
or medical bills) whereby you offer a lump sum, cash payment
to pay the debt owed at a reduced amount. Sure, the T.V. ads
say they will reduce your debt in half while you make one, low
monthly payment. However, those payments are just going into
an account until there are enough funds to offer a lump sum
of cash.
In general, before your creditors will accept a settlement
offer you must stop making payments; that is correct, you must
default. Reason being, while your account is in good standing,
from the creditors’ perspective, there is no risk of loss.
The obvious downside is that defaulting on your payments will
negatively impact your credit. Thus, when you see the T.V. ads
touting that debt settlement helps you avoid bankruptcy; that
is only true in so far as debt settlement is not bankruptcy,
otherwise, both are about as equally damaging to your credit.
Have you noticed that the T.V. ads never tell you why it
is important to avoid bankruptcy? The reason the ads do not
explain is that there is no meaningfully benefit of debt settlement
over bankruptcy. The ads are merely counting on the fact that
you have not educated yourself about bankruptcy.
In my view, debt settlement is the true last resort, not bankruptcy.
Debt settlement should only be used in a specific set of circumstances
when a bankruptcy does not make sense. In general, debt settlement
is a potential option for a person, family, or business that
has suffered a long term set back and needs to unload the baggage
of old debt. Also, debt settlement should only be considered
if a bankruptcy would in some way cost more than settling (which
is rarely the case).