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The Pros and Cons of Negotiating debt |
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Written by SpencerArnold
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Tuesday, 09 February 2010 |
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When you first look at debt negotiation is looks like a quick easy way to get rid of your debt. But before you take the leap and do it, or hire out to get it done, you need to understand the process and what will benefit you and be bad for you.
by SpencerArnold
When you first look at debt negotiation is looks like a quick easy way to get rid of your debt. But before you take the leap and do it, or hire out to get it done, you need to understand the process and what will benefit you and be bad for you.
Most people hire a debt settlement company to do the dirty work for them. The first process they will do is have you stop making any payments toward your debts. Instead, the company will set up a trust account for you to put your payments into. Then once the account has enough money (between 25-50% of the total debt you owe) the company will begin negotiating a payoff amount with your creditors. Typically this amount will be no more than the cash you have already accumulated in their trust account. Once an amount is settled on, the company will pay the debt off in one lump sum.
Not everyone will benefit from debt negotiation. Everyone circumstances are different and so they should thoughtfully reviewed before a course of action is set. First of all you have to be at least 3 months in arrears in order to be considered for this program. Second, it will sting your credit because you will be forgiven some of your debt. And last, you will most likely receive a 1099 form at the end of the year with the amount of the forgiven debt and have to pay taxes as if you made that money. However, for a person that is facing bankruptcy as the other option, this is a far better plan. Also, it will help with stress, because a settlement company will be screening all the calls from your creditors instead of you.
This process has some drawbacks. First of all, you will owe the debt negotiation company a fee, usually 20% of the forgiven debt. Second of all, as you pay into the trust and stop making payments to your creditors, your credit score reflects your late payments and delinquency. You may even be sued by your creditors. Once the debt has been forgiven, you will be expected to pay income taxes on the forgiven debt. For example, if you only pay 50% of your $20,000 debt, you will be expected to pay taxes on the remaining $10,000 of forgiven debt. Finally, settled debts are almost always reported as "settled" or "paid as agreed" on your credit report. Both of these statuses reflect negatively on your credit score.
Carefully consider the benefits and disadvantages to debt negotiation to determine if it is right for you, and then you can decide whether to hire a company or to do it on your own.
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