How to settle your debts on your own


Many people today are considering settling the amount of credit card debt they possess. An industry of organizations and companies has built up around America’s overstretched wallets. Currently consumers in the U.S. are up to $915 billion in credit card debt, most likely you are a contributor. It is my personal belief that lack of discipline is what has gotten us here. As such, settling your debts is only complicating your situation, because you still aren’t willing to accept responsibility for your spending problem. See also all of my articles on Collection Agencies.

I recently wrote a new article on the subject of debt settlement entitled Helpful hints for Debt Settlement. Helpful hints provides a short list of do’s and don’ts.

I once considered settling my debts using one of those agencies that ran commercials on t.v. and radio. You can read about my negative experience with this in a previous article Reasons not to file bankruptcy or settle your debts. However, if that article still doesn’t convince you to take the long road, here’s some advice for settling your credit card debt on your own. This article is full of useful information about the consequences of defaulting on your creditors.  So take your time to review this post and feel free to add your comments at the end. Related Debt Prison articles you should read are Get Everything in Writing: Collection Agencies and Their Lies and How to Deal With Collection Agencies.

Please take a few minutes to read Tell Debt Settlement Companies to Kiss Your Ass, which is actually an email from one of my readers who describes her personal experience with two different debt settlement companies.  This will give you an inside look at how these companies work and hopefully convince you not to use them.  See also, Restrictions on Wage Garnishment for Debt Collection.

If you need immediate advice on bankruptcy or debt settlement, then please call 877-231-4384. This is a toll-free number. A representative will help evaluate your financial problems for free and can even connect you with a local attorney. You can also fill out our free bankruptcy evaluation form by clicking here.

When to consider settling your debts

At this point you should already have a tight budget you are following. You might consider settling your debts when you can no longer meet the minimum payments. For example, for whatever reason your income is not high enough to pay all of your bills. If you are in this position it’s my belief that you should stop payment on non-critical items. Critical items are food, vehicle, rent, electricity, water, and a phone. Non-critical items would be credit card debt, student loans (these can be deferred for now), and medical bills.

Make a list of your critical and non-critical obligations. Write down the critical items on the left side of a sheet of paper and the non-critical on the right side of the paper. At the bottom of each list write the total amount of debt for both categories. This may be a sobering process for you. It should be crystal clear in your mind how much is owed to each and every creditor. I currently owe money on five different accounts for a total of $49,000. I can tell you within a hundred dollars how much I owe on each one of them. This keeps me focused on lowering my debt and controlling my spending.

In addition to a tight budget you should consider ways to lower your critical expenses. Perhaps you could move in with a friend or relative and pay little or no rent until you get your debts back on track. Also, are there tangible items that you could sell to generate additional cash? Start asking yourself these questions. Remember that the worse your credit score is, the higher interest you will pay on future loans. Make a habit of knowing your general credit score by getting a free credit score check at freescore.com and try to start thinking about the long term as well.

Why you shouldn’t use debt settlement companies

It is true that debt settlement companies provide a service. There are two points that should be made in regards to why debt settlement companies are unnecessary. The first point is that you can perform the exact same functions that they do. This article is about how to settle your debts on your own. Well basically you accomplish this by going through the same steps that debt organizations do. Why involve a third party in a situation like this? The credit card companies had rather deal with you directly. And although it may not be any fun – you are better off if you will deal with them directly. This means talking on the phone with them and writing letters. I know how stressful this can be, but it’s a necessary evil.

The other point is that debt settlement companies charge you for the service they render. When I contacted a debt settlement agency they charged me $50 just to sign up for their program. I would pay them $600 per month. Of this they would keep $60 for themselves and put the other $540 into an account (their company account – not a bank account with my name on it). So here I am broke, not paying my credit card debt, and paying a ridiculous $60 per month for a false sense of security. In addition, the $540 is going into their account. This is a bad idea. These companies are not banks. If you were to change your mind in a couple of months you can’t just go and make a withdrawal. There is a complicated process and you may not even get all of your money back. I’ve heard some bad stories. After reading the sign up information I simply called them back and said no thanks (I still had to sign and fax a waiver to them)!

What will happen when you stop making payments

For the first month or two you will get some phone calls from your credit card company. You can answer if you want and just let them know that you don’t have the money right now to make any payment. If you make a small payment this will only postpone the debt settlement process for you. So I wouldn’t make any payment at all. It is a good idea to write them a letter explaining why you cannot make payments at this time. It’s always a good idea to send every letter as a registered letter. This way you will know for sure that they received it. Keep the receipt from the post office. If you haven’t already made a file for each creditor – you should do so at this time.

Although you are not making payments the credit card company will continue to add late fees, over the limit fees, and minimum balance due to your account. I recommend keeping track of the fees and interest added to your account from the first month you miss your minimum payments. You may be able to talk them into waiving these fees when they get ready to settle your debt. Meanwhile back at the ranch you should be saving any money you have. But I wouldn’t keep it in a bank or any account that could be traced by an investigator. At home in a safe or a safe deposit box would suffice.

The sixth month is often the magic month. After you’ve gone 6 months without making a payment of any kind the creditor will probably be ready to settle your debt or turn it over to collections. If possible you want to avoid the bank turning your account over to an outside collection agency. Like I said earlier you don’t want to involve another party to this situation. This will complicate your ability to settle this debt and put it behind you for good. If your account goes to an outside collection agency expect the phone calls to increase as they love letting their automated computer dial your phone number. You should keep on file any letters sent to you in regards to your account.


The goal of debt settlement

The goal is to have the bank accept a partial percentage of what’s owed. For example, if you owe them $6,000, maybe they will accept $3,000 as payment in full. They would rather get $3,000 than nothing at all. Now this won’t work if you don’t have any money to offer them. So you must have cash somewhere that you can use to meet this $3,000 obligation. The purpose of debt settlement is to keep you from having to file bankruptcy. If you file bankruptcy then your creditors will most likely end up receiving nothing. You also want the creditor to send you a letter stating that this $3,000 is “payment in full.” They can verbally agree to settle your debt, but if you don’t have this in writing you could be in trouble. They might just send you a bill for the other $3,000 and act as if they don’t recall the conversation.

You want your credit score to be as high as possible. Having the bank close the account and stating “payment in full” will help keep your credit score high. If you don’t demand this your credit report will indicate that the account was closed and you failed to pay the $3,000. Remember, if you have the money to settle the debts then you are in control. You have money and the banks can get it – but let it be on your terms.

Get everything in writing

Never agree to send them payments until you receive a letter from them stating that this $3,000 will be regarded as “payment in full.” And that this payment completely 100% fulfills your obligations to this debt. If you don’t receive the letter then they don’t receive a payment. And when you pay them send a money order and send it overnight. Do not send a check as this will give them your checking account numbers. This could also come back to haunt you. If they refuse to put it in writing then they aren’t serious.

If you are dealing with an outside collection agency (the bank sold the debt to a third party) the rules are the same. But before settling with a collection agency contact the original creditor first and make sure that you can’t settle with them directly. If they say “NO” because they sold the debt then deal with the collection agency. But here’s the tricky part. There should be no grey area. What if you receive a letter from the collection agency stating that $3,000 is payment in full and you pay them, but the bank comes back later and bills you for the remaining $3,000? I’ve heard of this happening as well. So make sure that dealing with said collection agency satisfies this debt in full. Get the agreement in writing and keep every letter. Don’t forget to send all letters registered and keep the receipts.

The negative side of debt settlement

The bad thing about settling your debts is that you aren’t keeping your word. You agreed to honor a loan and you haven’t. This bothers most folks as it should. Settling your debts can affect your credit score. Your score is already affected because of the months you went without making payments. It may be further damaged by creditors reporting that your account was “settled”. This will lower your score even further. Remember, this means that on future loans you will pay higher interest. That’s why getting the “paid in full” or “paid as agreed” is so very important.

The debt settlement process is very stressful. Your phone is ringing off the hook and the conversations can be intimidating. Try to remain calm and stand your ground, you may be able to get through this without hurting your credit that much. You can check your credit report for free every 4 months at annualcredireport.com.

I recommend you keep a close eye on this article, as it gives you an idea of where you are financially and helps keep you focused on the consequences of debt. For other money tips MadeManual Money Guide can offer other money related information.

Related Articles

Restrictions on Wage Garnishment for Debt Collection

* The Fair Debt Collection Practices Act

* Reasons not to file Bankruptcy or Settle Your Debts

* Can you go to jail for not paying your debts?

* How to deal with collection agencies

* Sample Debt Validation Letter

* Information on Credit Card Balance Transfers

* How I Escaped Credit Card Debt

* What You Should Know About Credit Cards

* How to seek bargains for food and clothes

Comments

  1. Ron says:

    Does anyone know an attorney that will help to settle with the attorneys that have a judgment against me for a student loan from 1990ish? I need help and can’t pay the 20K they want from me. I’m filing BK, but the attorney says we can’t put the student loan in there. Is that right?

    Ahhh

  2. Kay says:

    My daughter lost her job and used my credit cards (which she is authorized to use) and ran up two cards in the amount of $23,000. I am on Social Security Disability and make only $1334 per month. My daughter was paying the minimum payment for quite awhile, but is no longer able to make the payments. I made payments for the past few months, but have just about ran out of savings. Another daughter has offered to loan me $10,000 if I can settle with the credit card companies (Wells Fargo and FIA card). What do you suggest that I do and/or say in order to settle these accounts? The accounts are not yet in default and are current. I am afraid NOT to make the payments, but am struggling to make the payments. According to the statements, it will take 42 years to pay off the accounts should I make the minimum payments. That will make me 104 years old. The minimum payments are about $400 per month. Thanks for any help.

  3. Lauren says:

    I have debt from hospital bills while I was in college five years ago. At first, I signed up for a settlement type company and made monthly payments. I settled some of the bills on my own. Then i moved to a state where the settlement companies cannot operate. That was almost three years ago, I have not made any payments since and have not been contacted. I did just look up my credit report and i owe one for about $1200 and one for $54. What will happen if I don’t? They haven’t contacted me in over 3 years.
    Thank You!

  4. Tammy says:

    First thanks for all the great information this site has given me alot of answers already. My situation is that I owe on an unsecured revolving account that has been charged off by the original creditor and was sold to someone else. I admit I owe the money and the new ‘creditor’ has offered me a settlement amount and the option to make payments to pay off the entire total owed. My issue is that in doing some research the new “creditor” is seemingly not the most honest to do business with and I am afraid to take their offers at face value. how do i get them to put everything in writing? I am sending out the limited cease and desist letter right away…what’s the next step?

    Thanks, Tammy

  5. tere says:

    este es uno bien interesante para validar la deuda.

  6. Reny Koshy says:

    Hi

    I used to live in Dubai and have a debt ($250k) from a bank in Dubai. Can the Dubai banks enforce payment of this through a debt collection agency in Canada? What are my options?

    thanks

  7. Debt Prison says:

    Joan,

    There may be some ‘international’ types of collections but I’ve only heard of one so far. I would change my phone number and ignore them. However, I would continue to monitor my U.S. credit report at the following webpage:

    https://www.annualcreditreport.com/cra/index.jsp

    Keep us posted on how this turns out.

    Barry

  8. Joan says:

    I am Canadian now living in the USA. I no longer have income in Canada. I no longer have a working bank account. My Canadian Credit card has not been paid in months as I have no way of paying it. They will not accept USA checks. They even had the nerve to say, “well you should just come back to Canada and pay cash at the bank.” As if I am going to fly all the way back to Canada to do that. They made no other suggestion on how I should pay them months ago, when I said I was open to suggestions but had no Canadian income and no Canadian bank account. They have sent me a letter saying they will send it to a collection agency next or bring me to court. How probable is that across the border? If I change my phone number, which I have been planning on doing for months anyway, then they won’t be able to hassle me. No bank owns my house, and I make no wages….so…..

  9. Debt Prison says:

    Irko,

    You won’t go to jail for this. If you did the jails would be full. I would contact the mortgage company and ask them if they are willing to re-negotiate with you. However, I would be careful. I would not disclose my income, only that I have the ability to pay $xxxx.xx today and $xxxx.xx each month after this. If you are here in the U.S. it might not hurt to have a face to face with the creditor if it’s a local branch.

    That is where I would start.

    Barry

  10. Irko says:

    Hi,
    I am currently in the military, I received orders to go active duty and since then it has been 7 months and I have not paid my Mortgage total 1050 I had little chances to contact them and after a while I just gave up, now I have the money to pay but I was told that it is not the best idea to contact them by my self that I should have someone or a company that could back me up like a debt consolidation institution. by now I think my house went to foreclosure. I am not sure what to do will a go to Jail for this? and what you recommend me to do sir.

  11. Debt Prison says:

    Coco,

    Call 877-231-4384 or fill out the following form

    http://debtprison.net/wordpress/free-evaluation/bankruptcy/

    They can help answer your questions about bankruptcy. Here’s a recent article I published about recent changes to bankruptcy laws.

    http://debtprison.net/wordpress/1306/understanding-the-changes-to-bankruptcy-laws/

    If you’re looking for a local lawyer I’d start by running a google for search for your city. Go to google and type – your city, your state, debt lawyer – and just see what pops up in the search. Then start calling them first and ask if they handle your type of case. Find one that says ‘yes’ and schedule a consultation.

    Barry

  12. coco says:

    I also defaulted on my credit cards since 2009 because I lost my Job, Know I have people knocking on my door trying to serve me paper’s , I am not trying to hide but I cant paid them anything because I cant find a job and my unemployment run out already. I don’t want to file Bankruptcy because I heard is a nightmare. my question is ? who can I talk to? or what kinda of lawyer do I hire to represent me? I don’t want them to garnish my home or non-exempt items. Help.

  13. Debt Prison says:

    Shellie,

    You have to get a document from them, signed by their supervisor/lawyer, that states they agree to these terms. I would pay nothing until I got the details of the agreement in writing. Period. Secondly, I would agree to send them an overnight certified check once you receive the agreement. Anything short of that and they are just lying to you. Even with a letter in hand, you may still have to force their hand and force them to report to the CA’s the way they promise.

    http://debtprison.net/wordpress/170/collection-agencies-get-everything-in-writing/

    Barry

  14. Shellie Stangeland says:

    How realistic is it that most of the credit card companies I am trying to settle with will mark the debt as paid in full and not go back on us to try and collect more after the debt has been settled? Also it seems like when I am trying to settle with them over the phone that they want payment over the phone and not by a money order or certified check. I know it’s not smart to do that so what do you say to still settle the debt but overnight the money? Thanks, Shellie

  15. Janet says:

    I am really worrried about my wages being garnished. I owe Circuit City, PC Richards, Toyrus and a furniture store all in total about 10,000 in debt. It has been about two years now and I am still receiving mail from collection agencies and getting phone calls at work. I am afraid of being sued because I have two children and I am a single mom I make $45,000 a year I just started making that amount I was making $28,000 at the time when I signed up for those cards and then fell behind on payments. Do you think I will get sued and my wages will be garnished. I do not have enough money left over after my check for anything else. I am living paycheck to paycheck. Please what should I do.
    should I contact the collection agency to start a payment plan or should I file for bankruptcy

  16. Debt Prison says:

    Hey Rena, you need to go and talk with a lawyer of your own… start there. Otherwise I’d offer them $500 as payment in full. They’d probably take it. Again, it wouldn’t hurt to hire a lawyer… you might even save money;

  17. Rena says:

    I can’t figure out what to do next in the situation I am in…here it goes….I am on SSI….I applied for a home loan….to only be turned down because of a judgement on my credit report for 1025.00 on a visa credit card from 2000….it is now 2010…and I have no paper trail of this debt…..and have made no payments on it for 10 years….so I contacted the law firm with whom has a judgement against me and asked how I can make good on this debt? They say the debt is now 1300.00 due to court cost and interset fees…I asked them to please send me a letter stating what all the extra fees are for and for my original debt….they say the collection agency…nu-sun financial didnt provide them with any such thing….and that since they now have “judgement” against me…I have no rights to have paper work sent to me….they want to settle for 600.00 in one month and then take 400.00 the following month…..not an affordable settlement for me!..Please I need advice!

  18. Debt Prison says:

    Hey Claudia,

    They may try and repossess the car, but you should not go to jail.

  19. claudia says:

    i haven’t pay my car loan for 8 months coz i havent find a job ,they want me to return the car or pay of my loan 20.000 …do i go to jail for not return the car…?

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