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Debt Destroy

How to negotiate debt settlement Pt 1 (by a former bill collector)



For the purpose of this discussion, let's say you owe five thousand dollars to a fictional credit card company, LGI. Their in-house delinquency department tried to collect the balance from you for awhile, and have now sent your debt to a collection agency. The debt is now showing up on your credit bureau report and you want to clear it up in order to qualify for a home loan.

Right off the bat, I feel I should mention that some companies will not allow collection agencies to settle under any circumstances. Other creditors may only allow settlements of debts that are over a certain dollar amount, like five thousand dollars or more. So if your collector tells you they are not allowed to settle, chances are they are telling the truth.

In order to successfully negotiate a settlement, you need to understand the mindset of the average collector. If you call up and demand a settlement right off the bat, they will probably ask you if you pay full price for everything else in your life, and if so, why aren't you willing to pay what you owe in this instance? Some collectors compare it to going into a restaurant, eating the meal, and then demanding that the waitress give you a break because you don't want to pay the full bill. They also might ask you how you would feel if your boss couldn't manage his money and he suddenly said he only wanted to pay you fifty percent of what you've earned.

Another thing to always keep in mind is that generally speaking, the more a collector collects, the more they earn. Many collection agencies offer a base pay plus a lucrative bonus structure for those that achieve monthly goals. Doing a settlement can mean less pay as well as more work for them. Typically, settlements have to be approved by management, and there's usually papers that need to be drafted and signed. In collections, time is money, and the time a collector spends sending faxes and getting signatures could be used in working other accounts of debtors that will pay their balance in full. Some debtors erroneously think that they can make any sort of settlement offer and the collector should be glad to get any sort of money. However, the typical collector knows that the longer the debt stays on your credit report, the worse your credit rating will probably become and its in your best interest to resolve the debt as quickly as possible, either by payment in full or negotiating a settlement.

In my next post, I will go into great depth as to what to say to the collector, what not to say, and when to say it. Your conduct during your conversations with the collector can have a great bearing as to whether or not you receive the settlement you want.

Comments

Fred (Guest) - The creditors are reluctant towards the debt settlement on the first on-sight of it, but when they are convinced of the fact that the debtor cannot pay his full amount by any means, as he is heading for bankruptcy, they are get ready for it.
FreeFromCreditors.com (Guest) - It is also a good option to explore alternatives to bankruptcy, debt settlement, debt consolidation, ect.,  by finding out what it would take to make yourself judgment proof.  Being judgment proof makes it so you don't have to payback any creditor a penny unless you want to. The term judgment proof is most commonly used in tort law contexts to refer to defendants or potential defendants who are financially insolvent. Even if a plaintiff were to secure a legal judgment  against an insolvent defendant, the defendant's lack of funds would make the satisfaction of that judgment difficult, if not impossible, to secure. In such cases plaintiffs might move for wage garnishment based on the judgment. However, if the debtor is retired or collecting Social security or other social welfare this is not possible, there are also other ways debtors can protect non-exempt wages from garnishment Judgment proof is not an official defense. If sued, the defendant does not claim "judgment proof" the same way they would claim assumption of risk or contributory negligence; rather, judgment proof kicks in after the judgment has been rendered, and it is time to collect. Once you are judgment proof creditors can sit around and cry all they want and still collect nothing. After enough time has expired you can offer your creditor pennies on the dollar. Eventually the creditors will decide that it is better to take the pennies then to sit and receive nothing.
Elvin (Guest) - If you find out an expert who deals in debt negotiation, he can actually save you from falling into a bad situation, but if you fall into the trap of a fraudulent person or agency, they can make the situations even worse than  ever. Debt Settlement Attorney
Debt Settlement (Guest) - Very Informative Article. Great Job by the author.
Jennifer (Guest) - Yes he is a moron. what good is it if he posts the information we want to read in a different article? Where is that article? And yes the credit card companies should be happy if they get any money out of the consumers who are unable to pay! 50% of what we owe them is outrageous interest and fees. Some creditors are jerks and wont work with me at all, while others have set up great payment plans and helped me out considerably. guess who I paid off and who i didnt?? for those of us who havent paid our debts in months or years due to the economy, it doesnt really matter to us if we ever pay it, so the waiting game doesnt work anymore. BE CAREFUL!