But this experience, together with the more recent experience
with debt settlement firms, suggests that there are substantial issues that must be addressed in order for these private mechanisms to work properly.
While most
reputable debt settlement firms will work to assist in minimizing creditor calls and harassment where possible, debt settlement does not provide the guaranteed legal protection that bankruptcy does.
While the average cost of Chapter 7 bankruptcy is about $ 1,800 including lawyer's fees, the fees charged
by debt settlement firms are often much higher.
Although
many debt settlement firms recommend clients to stop paying their creditors, debt settlement negotiations do not alter credit obligations.
Most
reputable debt settlement firms can refer you to a trusted bankruptcy attorney if you have detailed questions or if they determine that you might be better served by speaking to them instead.
While the debtor and
debt settlement firm work on this together the decision frequently ends up being decided by the creditor who seems to be closest to starting litigation to collect their debt.
The Federal Trade Commission warns consumers to research
debt settlement firms as diligently as possible before choosing to enter a debt settlement program.
Over the last year or two, she says, she has seen a greater willingness among credit card issuers to accept term payments — where borrowers can make monthly or quarterly payments to the creditor
through debt settlement firms.
Unfortunately, the debt settlement industry is littered with black hat
debt settlement firms who will take your money and do little or nothing to reduce your debt.
Hiring a
professional debt settlement firm with a good reputation can no doubt save you more money, give you better advice, and get you out of debt in a much less stressful manner, enabling you can move on with your life.
That year Maine, Massachusetts and Pennsylvania outlawed debt adjustment, an industry that included «debt poolers,» the precursors to
modern debt settlement firms.
Another round of alarms sounded in the trillion - dollar student loan crisis when the Illinois Attorney General accused two student
loan debt settlement firms of scamming borrowers.
As a final step to remediate debt problems and avoid bankruptcy, a
nonprofit debt settlement firm negotiates with creditors to reduce what you owe in exchange for a workable payment plan that you commit to.
Moreover, unlike
other Debt Settlement firms, Creditors understand that once a Law Firm is involved, the debt can either completely vanish with a Bankruptcy Filing, or, it is much more work intensive and costlier to litigate as opposed to pursuing an unrepresented debtor.
Members of the American Fair Credit Council, a trade organization
representing debt settlement firms, must agree to the council's code of conduct, which include complying with all applicable state and federal laws, conducting services in good faith, and charging «fair and reasonable» fees.
New FTC regulation As a result of repeated complaints and enforcement actions against the industry, the Federal Trade Commission in July amended its telemarketing sales rules
covering debt settlement firms.
The proposed bill, HB 4781, would
prohibit debt settlement firms from charging upfront fees, basing final compensation on the amount saved from settling a debt and advising consumers to stop paying their creditors.
For example if a debtor feels very strongly about how to accumulate the debt settlement monies they may want to only contract with a credit
card debt settlement firm that handles the escrow using the debtor's preferred method.
A good
debt settlement firm always trains its agents to help you understand what your options are and is very realistic with you about what to expect.
There is a lot of information publicly available to assist with this, but word to the wise: If you owe over $ 10,000 in debt, have several accounts you need to settle, or need the structure and the guidance of a knowledgeable professional, you should seek out the assistance of a
knowledgeable debt settlement firm.
Attorney General Lisa Madigan and Acting Secretary of the Illinois Department of Financial and Professional Regulation (IDFPR) Michael T. McRaith warned consumers facing significant credit card debt about the risks of debt settlement offers as she announced two lawsuits filed
against debt settlement firms.
If you don't have the cash upfront,
many debt settlement firms will require you to make regular payments into an account with the idea of paying off the debt once you have accumulated enough money.
«The
good debt settlement firms are going to keep on top of that - they have people in house whose job that is - so that they can help the consumer the best they can,» Schumann - Dodson says.
However, Garneau says, if consumers work with
reputable debt settlement firms and keep their commitment to their savings plan, they can resolve their debt within three years and not have to file for bankruptcy, which can have longer - term and more serious consequences.
You or
a debt settlement firm will negotiate with your creditors and attempt to persuade them to reduce what you owe.
These include credit counseling agencies, debt negotiation companies and
debt settlement firms.