Statute of Limitations on Debt

State Oral Written Promissory Open-ended Accounts State Statute: Open Accounts
AL 6 6 6 3 §6-2-37
AR 3 5 3 3 §16-56-105
AK 6 6 3 3 §09.10.053
AZ 3 6 6 3 §12-543
CA 2 4 4 4 §337
CO 6 6 6 6 §13-80-101
CT 3 6 6 3 §52-581
DE 3 3 3 4 §2-725
DC 3 3 3 3 §12-301
FL 4 5 5 4 §95.11
GA 4 6 6** 4 §9-3-25
HI 6 6 6 6 HRS 657-1(4)
IA 5 10 5 5 §614.5
ID 4 5 5 4 §5-222
IL 5 10 10 5 735 ILCS 5/13-205
IN 6 10 10 6 §34-11-2
KS 3 6 5 3 §84-3-118
KY 5 15 15 5 §413.120
LA 10 10 10 3 §3-118
ME 6 6 6 6 §14-205-752
MD 3 3 6 3 §5-101
MA 6 6 6 6 c.260, §2
MI 6 6 6 6 §600.5807
MN 6 6 6 6 §541.05
MO 5 10 10 5 §516.120
MS 3 3 3 3 §15-1-29
MT 5 8 8 5 27-2-202
NC 3 3 5 3 §1-52(1)
ND 6 6 6 6 28-01-16
NE 4 5 5 4 §25-206
NH 3 3 6 3 382-A:3-118
NJ 6 6 6 6 2A:14-1
NM 4 6 6 4 §37-1-4
NV 4 6 3 4 NRS 11.190
NY 6 6 6 6 §2-213
OH 6 15 15 6 §2305.07
OK 3 5 5 3 §12-95
OR 6 6 6 6 §12.080
PA 4 4 4 4 §5525
RI 15 15 10 10 §6A-2-725
SC 3 3 3 3 SEC 15-3-530
SD 3 6 6 6 §15-2-13
TN 6 6 6 6 28-3-109
TX 4 4 4 4 §16.004
UT 4 6 6 4 78B-2-307
VA 3 5 6 3 8.01-246
VT 6 6 5 3 §3-118
WA 3 6 6 3 RCW 4.16.080
WI 6 6 10 6 893.43
WV 5 10 6 5 §55-2-6
WY 8 10 10 8 §1-3-105

 

** Georgia Court of Appeals came out with a decision on January 24, 2008 in Hill v. American Express that in Georgia the statute of limitations on a credit card is six years after the amount becomes due and payable

The material provided in this table for informational purposes only and should not be construed as legal advice. Although the material is deemed to be accurate and reliable, we do not make any representations as to
its accuracy or completeness and as a result, there is no guarantee it is not without errors.

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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Debt Relief & Your Credit — The Skinny On How Debt Relief Plans, Credit Counseling, Debt Settlement and Bankruptcy Affect Your Credit

Your credit will be affected no matter what you do.

Let’s learn how…

First, let me ask you an interesting question:

What do you really need your credit score for, other than acquiring more high interest (bad) credit card debt?

How much is your credit score costing you each month, in real dollars?

(Dollars you could spend on food, shopping, vacation, retirement, your children, education, etc, instead of handing it over to your creditors in interest payments every month?)

Credit Importance Test

What’s most important to you?

1. To have the lowest monthly payment possible on your debts?
2. To get out of debt for the lowest amount possible?
3. To get out of debt as soon as possible?

In 2005 I conducted a “National Debt Relief Survey” while serving as COO of STARTOVERTODAY.COM, a nationwide financial solutions company I co-founded in 2002. I surveyed over 10,000 people who had asked us for help with their credit card debt online this question, “What is most important to you?”

Here are the results for the answers chosen:

  • Lowering your monthly payments 7.6%
  • Reducing the amount of debt you owe 12.7%
  • Getting out of debt ASAP 42.4%
  • Preserving perfect credit 4.2%
  • Restoring less-than-perfect credit 16.1%
  • Having only one monthly payment 4.2%
  • Stopping creditor calls 4.2%
  • Reducing or Eliminating Interest & Fees 3.4%
  • Other 5.1%

When I saw these results, all I could say was, “Wow!”

I was shocked, and so were the executives of several top debt management companies who I shared the results with, because we were all convinced up until then that most people just wanted the lowest monthly payment. As it turns out, most people just want to get out of debt ASAP!

Back to the question I asked you a minute ago, here it is again:

What’s most important to YOU?

1. To have the lowest monthly payment possible on your debts?
2. To get out of debt for the lowest amount possible?
3. To get out of debt as soon as possible?

Would you be willing to lower your credit “rating” in the short term in order to accomplish (Questions #1, #2, or #3 above) if it improved your credit “worthiness” long term?

* See Credit “Rating” vs. Credit “Worthiness” if you do not understand this question.

High Credit Scores

If keeping your credit score high (assuming it’s already high enough to matter) is more important to you than getting out of debt the fastest, cheapest or for the lowest payment, then the only options you have are either continuing to make your minimum payments or get out faster by paying even more per month and doing what’s called an “accelerated debt payoff plan“.

Still, we must ask ourselves, what do we want credit for?

…A quote I read in an article once said:

“worrying about your credit rating when you’re drowning in debt is like worrying about how your front yard looks when your house has just burned to the ground…”

“Less-Than-Perfect Credit”

If you have less than perfect credit, then you may not have much to lose at all, and a whole lot to gain. You’ll learn the specifics of how each option affects your credit and understand which option will eliminate your debt and credit problems, and be easiest to clean up after. Plus, you’ll learn how to repair and build your credit, no matter what you’ve been through.

Credit Myth Exposed

There’s a myth out there that you can lower your monthly payment, get out of debt for the lowest amount possible and/or get out of debt as soon as possible WITHOUT any negative effect on your credit.

Well, this is simply not true. The fastest ways to get out of debt all have some kind of negative affect, minimal or extreme.

The truth is, there is no option available for you to accomplish what you have in mind whether you want to lower your monthly payment, get out of debt for the lowest amount possible and/or get out of debt as soon as possible WITHOUT negatively affecting your credit in the short term.

So let’s take a look at the debt relief options available to lower payments, reduce balances and get out of debt ASAP, and how each negatively affects your credit…

Bankruptcy

Any bankruptcy is an extremely negative item on your credit report, often viewed as the worse mark you could ever have. Chapter 7 stays on your credit for 10 years. Chapter 13 stays on your credit report for 7 years AFTER it’s discharged, usually following a 5 year repayment plan, thus damaging your credit for a total of 12 years!

Mortgage guidelines will not allow you to get a mortgage loan or refinance for at least 24 months after discharging a chapter 7 bankruptcy filing, and up to 48 months after discharging a chapter 13 bankruptcy.

Still, if you cannot afford any other option, then you may need to consider bankruptcy.

Credit Counseling

“Credit Counseling” is also known as CCCS, Consumer Credit Counseling Services, Debt Consolidation and Debt Management Programs.

Credit Counseling no longer affects your credit “score”, BUT enrolling in this type of program DOES have a major negative impact to your credit “worthiness”. Lenders view this just as negatively, or worse, than bankruptcy. In fact, seeing enrollment in Consumer Credit Counseling on a credit report is often called a “walking bankruptcy”. This negative affect lasts about 30 days longer than the debt management program lasts, which is usually 5-7 years. If you cannot afford an accelerated payoff plan and do not qualify for debt settlement, then you need to consider credit counseling.

Just make sure you understand what you’re getting involved in: Credit Counseling Lies Exposed – The Truth Non-Profit Credit Counselors Don’t Want You to Know

Debt Settlement

Debt settlement has minimal to serious damage to your credit rating due to late payments and charge offs, depending mostly on how good your credit rating is in the first place. Debt settlement may significantly affect someone with perfect credit but may not have much negative affect at all on someone who’s already fallen behind. In fact, debt settlement may significantly improve credit rating and worthiness for such individuals rapidly.

NOTE: Debt settlement is not reported on credit report as a bankruptcy and credit counseling are.

If you cannot afford an accelerated debt relief plan, then you may want to consider debt settlement.

Debt Relief Options

Let’s take a closer look into your options to get out of debt:

 

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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How Do I Choose a Good Debt Settlement Company?

Debt settlement is the fastest way to get out of credit card debt for the least amount of money and avoid bankruptcy.

If you are one of the millions of Americans struggling through financial hardships today, debt settlement may be your very best option to be debt free ASAP.

BUT…

(WARNING: This is a BIG “BUT”…)

Debt Settlement “Nightmares” & Scams Abound…

THOUSANDS of new companies have popped up in recent years, flooding the TV, radio and internet with promises to “cut your debt in half.” Most of these ads are simply generating “leads” to sell to one or multiple “bad operators” (who will gladly take your money in the form of upfront fees without ever delivering on their promises).

It’s gotten ugly as untold numbers of people have seen their financial hopes turn into financial nightmares. In fact, the debt settlement industry has become so bad, the FTC is stepping in to regulate.

Sadly, for the past few years, over HALF of my personal clients have come to me for financial help AFTER failing a debt settlement or credit counseling program (a very different option) because they simply made a poor choice based on biased or incomplete information given to them from the counselor / consultant / salesperson they “talked to” before enrolling. These shady salespeople are never around after the sale is made to take care of the poor people they’ve sold a bill of goods to, leaving them in worse shape than when they asked for help.

Are There Any Good Debt Settlement Companies?

Still, debt settlement IS a legal, ethical and moral option for consumers to get out of debt ASAP, and get your financial future back on track from a hardship situation. Typically, you are able to settle for 50% or less of your outstanding balance. So it’s true, you actually can “cut your debt in half” – Plus, monthly payments are often cut in half during the process, allowing consumers to quickly get out of debt and breathe again.

I work with consumers across the country every day to solve their debt problems, and refer my clients to debt settlement programs, as well as credit counseling agencies and bankruptcy attorneys nationwide (IF a good, old-fashioned “accelerated pay off” plan is not an option). I wish everyone could get out of debt through a “Total Money Makeover” as Dave Ramsey suggests (who I admire and strongly recommend), but the fact remains that many Americans are in too much of a financial hardship to even keep up with minimum payments, and paying significantly more than the minimums is simply not possible. If you find yourself in a similar situation with large amounts of credit card debt, please understand you are not alone.

If I can offer anything here, let it be these three simple “rules of thumb” to help you avoid being another casualty of the many bad debt settlement companies, because getting out of debt ASAP and getting your money earning interest for you instead of paying interest is ultimately most important for your financial future.

3 Quick-Tests to Choose a GOOD Debt Settlement Company and AVOID a Financial Nightmare:

Here are three simple things any consumer with an internet connection can do in two-minutes, or less, to avoid the majority of “bad companies” and find a good company “needle” in the debt settlement haystack:

(Yeah Haw!)

#1) Time in Business OVER Five Years?

According to the SBA, 90% of new business FAIL within their first five years. So why would you trust your financial future with a start up? Also, most debt settlement programs are 2-3 YEARS long, and you want to make sure you are with a good company who has a proven track record serving clients all the way through the programs they offer. Stack the deck in your favor and go with a company who has stood the test of time. This will cut out at least one thousand new debt settlement companies; the vast majority you will see on TV, radio and the web.

HERE’S HOW TO DO THIS:

Go to BBB.org and search any company you consider, and check their BBB Report for their “Original Business Start Date”. If it’s less than five years, especially if it’s only a year or two, then STOP considering the company and seek help elsewhere from a company with a proven track record.

#2) Excessive BBB Complaints?

Check this same BBB Report for complaints. A short time in business with a high number of complaints (especially unresolved complaints) is a sure sign of a financial nightmare ahead if you enroll with such a company. A good company should only have a handful of complaints. Hundreds or thousands of complaints is inexcusable and a major red flag that the company consistently fails to meet the expectations they set with their clients.

Here’s an example of two companies who pass test #1, but only one passes test #2:

FreedomDebt.com has been in business since Dec, 2002 with only one single, resolved complaint in its entire history:

http://www.bbb.org/central-texas/business-reviews/debt-settlement-companies/debt-freedom-in-san-antonio-tx-90006140

“D” rating due to concerns with the industry (because of companies like the one below), not due to any concerns with the company itself. Keep in mind FreedomDebt.com is HUGE, with regular national exposure on TV Talk Shows and News programs.

Credit Solutions has been in business almost as long, well over five years, but there is a striking difference: their BBB report lists over 1,600 complaints (including unresolved complaints and government actions against the company):

http://www.bbb.org/dallas/business-reviews/debt-settlement-companies/credit-solutions-in-dallas-tx-90005445

#3) Attorney-Based Debt Settlement Program?

The future does NOT look good for NON-attorney based debt settlement programs because, due to the bad operators who have harmed many consumers in recent years, the FTC is stepping in to regulate, as they should. Debt settlement companies who are not operating under a licensed attorney are subject to these looming FTC regulations, a major threat to the survival of these companies. I would NOT recommend my mother, so I wouldn’t recommend you either. Instead, choose a debt settlement law firm operating under a licensed attorney because they will not be harmed by these inevitable FTC regulations.

Note About Debt Settlement Fees

Much can be said about fees for debt settlement services, and that is another entire conversation. Just make sure your payments are NOT going entirely to fees during the first X number of months, and stay away from anyone asking for some kind of a large upfront fee. If a company passes the three tests above, then they obviously are giving their clients enough value in service and results to justify whatever fees they are charging, however they may structure the payments. If it were not so, then you would see excessive BBB complaints over time.

Final Thoughts About Debt Settlement…

By following these three simple rules, you are sure to quickly find a debt settlement company who has passed the test of time, serving its clients and delivering on its promises without excessive complaints, legally. After helping people get out of debt through debt settlement and all other debt relief options for over eight years, this is my best advice to “cut to the chase” with this debt settlement jazz so you too can “cut your debt in half.”

However, BEFORE seeking out a company to settle your credit card debt, get educated about how credit works and all options for debt relief to determine if debt settlement is really your best choice to get out of debt in the first place.

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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Will Debt Settlement For Debt Relief Affect My Credit Score?

I’m often asked the question, “Will debt settlement affect my credit score?”

It’s interesting that many who call me have already fallen behind on their payments, thus their credit may have already been affected, though it may not be showing yet on their credit report or they just haven’t checked their credit report recently.

If you are current on your payments it is very difficult, if not impossible, to settle your debt. Typically credits want to see that you are in a hardship situation before they are willing to negotiate. Therefore you will have to voluntarily stop paying your unsecured debts allowing them to go into delinquency before settlement.

In addition you cannot pick and choose which debts you wish to settle in most cases. Your creditors or collection agencies may review your credit report and most will be unwilling to negotiate when they see that are being offered less than what is owed to them when others are being paid on time as agreed.

Secured debts such as a home or a car are collateralized. You should continue to pay these accounts on time to avoid repossession or foreclosure proceedings.

By not paying your creditors, you credit will be adversely affected by debt settlement. However, having to experience this circumstance is almost always better than a bankruptcy, especially on your credit rating.

During your debt settlement program, your total balances are being lowered over time as they are settled in full: a great start to recovery.

There is no reason why your credit shouldn’t rebound upon completing your debt settlement program, and while no reputable debt settlement firm should guarantee any form of credit score improvement, case studies of previous clients are a great way to see proven examples of the results experienced by consumers just like you.

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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Debt Settlement — Can I Just Settle My Credit Card Debts By Myself?

If you have just a couple of debts, or under $10,000 in total unsecured debt, then you could try to talk to your creditors directly to settle the accounts yourself. However, if you have over $10,000 in debt, especially if you have over $25,000 in total debt, or you just need the structure guidance of a knowledgeable professional, then you should seek out the assistance of a fully accredited debt settlement firm.

Debt settlement is by no means an exact science and it’s difficult for an individual lacking experience to determine if a settlement is fair or not. In addition, you have to directly handle all creditors’ calls and the harassment that come with the job. Many people are simply unable or uninterested in handling that kind of pressure, especially with the daily complexities of managing a job, household or family at the same time.

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 to move on with your life.

Always make sure you heavily screen who you are working with and especially make sure they are a fully audited and fully accredited organization by the major industry association TASC (The Associate of Settlement Companies). Remember an audited and fully accredited debt settlement firm means you are working with one of the best in the industry. Remember also that TASC is only for non-attorney based debt settlement firms…

Even better, considering working with a law firm under a licensed attorney. Having an attorney represent you offers an advantage in dealing with creditor calls or potential lawsuits beyond what a non-attorney based debt settlement firm can offer. Top debt settlement law firms often obtain better results, lower settlements and greater savings for their clients. Also, attorney’s are governed by the BAR Assosciation, unlike non-attorney based firms who are regulated by the FTC.

In 2009, the FTC began cracking down on the debt settlement industry due to the many unscrupulous, fly-by-night companies sprouting up in recent years who have taken advantage of consumers for quick profits. Pending FTC regulation is a threat to all non-attorney based firms, whereas law firms regulated by the BAR Association will not be affected by this future reglation. For this reason, you should strongly consider working with a legitimate debt settlement law firm to avoid future regulation affecting your financial future.

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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Can Debt Settlement Really Allow Me to Pay Back Less Than I Owe?

Many people are struggling to pay off credit card debt, medical bills or other unsecured debt and they’re wondering if the debt settlement advertisements on TV, radio or the Internet are for real?

Every day I speak with good people across the US who are financially overwhelmed. Many are unable to make the minimum payments on the credit cards, or on other unsecured debt. Maybe they can’t borrow against their home as property values have plummeted. Maybe they can’t make the payment suggested by credit card counseling agencies, or they simply want to avoid bankruptcy.

People struggling with serious credit card debt often ask:

  • Can I really get out of debt for a fraction of the cost and pennies on the dollar?
  • Can debt settlement help me get out of debt quickly, legally and safely?
  • And what are the effects on my credit rating or my taxes?

As you may imagine, I’m also often asked, “Am I a good candidate for debt settlement?”

For many years helping people all over the US to get out of debt, in general, if you can comfortably pay back your debts on your own by paying more than the minimum payment every month without hardship, then you should continue to do so. It may not impact your credit score and it may be relatively trouble-free. If this is your situation, I recommend an accelerated pay off strategy.

But if you owe over $10,000.00 in unsecured debt and you’re having a financial hardship; maybe you’ve lost your job, your income has been cut, you’re already delinquent on your payments, or maybe you’ve gone through a divorce, have a medical illness or medical expenses and don’t want to or can’t file bankruptcy, then debt settlement from a trusted and time-tested organization is usually the best option.

When is debt settlement NOT an option?

If you’re unsecured debt balances are under $10,000, you can settle your own debts but will not qualify for most settlement programs.

Consumer credit counseling may also be an option. Your payment can be consolidated into just one, and typically interest rates are reduced on your accounts. However, many credit card counseling programs have a very high dropout rate, can last up to 5-7 years and you end up paying back 100% of the debt you owe plus any new interest. Again, that’s why so many find that debt settlement is usually the best option.

If you are unable to pay your minimums or even afford the minimum savings requirements for a legitimate debt settlement program, then you should speak with a bankruptcy attorney.

However, as long as you can afford to save the money needed for settlements, then debt settlement really can allow you to pay back much less than you owe, typically less than half of your balances at the time of settlement.

What’s the final answer?

YES, debt settlement can really allow you to pay off your debt for less than what you owe, typically for 50% or less, allowing you to get out of debt FAST.

Debt settlement is the fastest way to get out of debt for the least amount of money while avoiding bankruptcy.

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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Debt Settlement vs. Bankrutpcy — Is Debt Settlement Really Better?

I’m often asked, “Is debt settlement a better choice than bankruptcy?”

That’s a good question.

Bankruptcy may allow you to eliminate most of your debts quickly, and this is typically referred to as a Chapter 7 bankruptcy.

In other cases, you may be required to pay back a percentage of your debts over time. This is typically referred to as a Chapter 13 bankruptcy.

Bankruptcy also offers legal protection under the court so that you don’t have to worry about being sued or harassed by creditors while completing the bankruptcy process.

While most reputable debt settlement firms will work to drastically and effectively minimize creditor’s calls, debt settlement does not provide the guaranteed legal protection that bankruptcy does.

However, chapter 7 bankruptcy is not an option for everyone, and it has gone through some changes since the bankruptcy reforms of 2005.  It has become more difficult to qualify for full liquidation or in others words, full forgiveness of your unsecured debts. Chapter 13 bankruptcies typically require five years of court ordered payments to a trustee and may require you to surrender some of your assets.

Knowing all of your options will help you make a more informed decision, and speaking to a bankruptcy attorney may be a worthwhile decision. Most reputable debt settlement firms can refer you to a trusted bankruptcy attorney in case you have detailed questions or if they determine that you might be better served by speaking to them.

 

Typically, if you are in such a financial state of hardship that it is determined you can’t even make your minimum payments into a debt settlement program, then speaking with a bankruptcy attorney is highly recommended.

Subscribe to the Debt Relief Guide Online to learn more about debt settlement and bankruptcy.  Plus, you’ll receive a free legal evaluation from a bankruptcy attorney in your state ($200 value) to determine if you qualify as well as a free savings quote from a fully accredited and professional debt settlement law firm upon your request.

Make it easy on yourself to make your best choice because dealing with debt is hard enough as it is…

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com
Debt Settlement (OVER $40k)(Complimentary Consultation & Quotes *with Jesse)

** Must have $40,000+ in Credit Card or Unsecured Debt to apply to this exclusive “Sword & Shield” Forensic Mitigation and Debt Restructuring Program. Top debt settlement results provided by A+ BBB Rated, Accredited, FTC Compliant Law Firm in business since 1999 with a national network of attorney’s legally settling debt at a 38-40% average with zero complaints to the Better Business Bureau. Attorneys (or anyone else) cannot guarantee outcomes and results may vary, but these pros are the very best in the business, and I pass along reduced fees to my personal clients.

Debt Settlement (UNDER $40k) (Free Consultation from Affiliate Law Firm)
** Must have $10k+ in Credit Card or Unsecured Debt – “A” Rating & Accredited with BBB, in business since 2003 with transparency and accountability through the largest online debt relief community.
NOTE: This consultation is NOT with Jesse, but will be with a debt counselor who’s held accountable.

Fair Debt Collection Representation (Complimentary Evaluation *with Jesse)

** Collectors calling? Feel like your rights are being violated?
Discover how FDCPA Representation from creditor-butt-kickin attorneys can help you get into a stronger and more profitable position quickly. When a third party collections agency fails to obey the law, they may be liable TO YOU for damages of $1,000 PER VIOLATION. My attorneys will protect your rights from scavenger debt collectors and bring illegal collection tactics to justice.

Bankruptcy (Complimentary Case Evaluation *with Jesse)
Attorney’s can be cold & scary. I’ll be the warm & real human that bridges the gap.
DON’T BE AFRAID OF BANKRUPTCY. Each and every case is unique. Don’t assume that bankruptcy can’t help you.
I will submit your case to a local bankruptcy attorney at no charge to you.

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Debt Settlement vs. Bankrutpcy — Which is Better For Fast Debt Relief?

Debt Settlement or Bankruptcy; That Is The Question!

Debt settlement is the fastest way to experience debt relief and be debt free for the least amount of money while avoiding bankruptcy, and may be best for you if you cannot or do not want to file bankruptcy.

One type of personal bankruptcy is the fastest and cheapest way to find relief and get out of credit card debt that exists, period, while another type of personal bankruptcy may offer debt relief but takes many years, costs even more than debt settlement and seriously damages your credit for well over a decade.

So which is which??…And which is best for you?

Let’s start by clarifying what bankruptcy is, the differences between the two different types of personal bankruptcy filings and what you must whatch out for when considering bankruptcy (especially when speaking with bakruptcy attorney’s.

Chapter 7 Bankruptcy is a “liquidation”.

This is where you pay an attorney or law firm anywhere from $800 to over $3,000 to file, complete the substantial paperowrk and documentation required and then within a matter of months your debts are completely wiped out.

Chapter 7 Bankruptcy is the fastest way to get out of debt for the least total direct cost.

However, chapter 7 bankruptcy is reported on your credit report (listed with every account included in the bankruptcy) for TEN YEARS.

Chapter 13 Bankruptcy is a “repayment plan”.

This is a court-ordered repayment plan, usually lasting 60 months. Any missed payments cause you to lose the protection of the courts and your creditors can then go after you.

Chapter 13 stays on your credit report (listed with every account included in the bankruptcy) for SEVEN YEARS AFTER the date of discharge, which is usually FIVE YEARS after filing, severely damaging your credit for A TOTAL OF TWELVE YEARS. Chapter 13 is also public record for twenty years and carries most of the additional costs mentioned for Chapter 7 above.

Often, my clients tell me their estimates for repayment plans through Chapter 13 would require them to repay a higher percentage of debt over a longer period of time with a monthly higher payment than they could do otherwise through debt settlement.

An “Inside-Joke” of Bankruptcy Attorneys that ISN’T So Funny…

Some Bankruptcy Attorney friends of mine shared a story with me about how a Chapter 13 Bankruptcy is like a “turkey dinner”…

You see, everyone is sitting at the dinner table; the judge, the attorney’s, your creditors… Each with a bib on, double-fisted with fork and knife in hand, drooling and licking their chops…

And guess who’s the turkey?

In a Chapter 13, YOU are the turkey!

Serious Consequences for ANY Type of Bankruptcy FIling…

Any personaly bankruptcy filing is public record for 20 years. This may have detrimental affects on obtaining financing as well as employment opportunities.

You are usually required to include all unsecured debts in the bankruptcy.

Bankruptcy may have additional costs including limiting your credit worthiness (currently there are no mortgage loans available until 2 years after discharge), increased interest rates and fees, higher deposits required, disqualifying you for certain types of employment and more.

Typically, creditors will see an entry like this below each account on your credit report:

THIS ACCOUNT INCLUDED IN CHAPTER 7/13 BANKRUPTCY

There are many reasons to avoid bankruptcy at all costs. Significant social, emotional and psychological risk is also involved in filing bankruptcy. Each of us must decide for ourselves where we stand on these levels.

What To Do If You Don’t Qualify For Chapter 7 Bankruptcy?

The short answer is, “Run away from the bankruptcy attorneys BEFORE they talk you into becoming a turkey dinner!”

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) passed in October 2005 made sweeping changes to American bankruptcy laws. Many of the bill’s provisions were explicitly designed to make it “more difficult for people to file for bankruptcy”, especially Chapter 7.

These new laws have proven to be very “creditor friendly,” disqualifying many Americans from filing chapter 7 and leaving them with chapter 13 (being a turkey) as their only option for filing bankruptcy. If you find yourself in this situation, then typically debt settlement is a better option to get out of debt faster, with less credit damage, for a lower cost.

When Is Debt Settlement A Better Choice?

Debt settlement is the fastest way to be debt free for the least amount of money while avoiding bankruptcy. Debt settlement is a moral, legal and ethical option for people with serious debt in financial hardship. It’s honorable. It is agreed to by your creditors to “forgive” your debt.

If you do not qualify for chapter 7 or simply to do not want to file bankruptcy for moral, pride or ethical reasons, then debt settlement may be the best choice you can make.

Be very careful when selecting a debt settlement plan or program

What If I Can’t Afford Debt Settlement?

If you cannot afford the minimum payments for a debt settlement program, then you should be able to qualify for a chapter 7 bankruptcy. You should seriously reconsider any moral objections against bakruptcy and realize these laws are in place for a reason.

If you qualify, then it may be much better for you and your future to “bite the bullet” now and get out of debt instead of remaining in the financial stress and strain of carrying high amounts of high interest credit card debt working against you night and day.

Do You Need Expert Guidance to Choose between Bankruptcy or Debt Settlement to get Out of Debt, or Help Finding a Trusted & Proven Bankruptcy or Debt Settlement Firm for Debt Relief?

Subscribe to the Debt Relief Guide Online to learn more about debt settlement and bankruptcy.  Plus, you’ll receive a free legal evaluation from a bankruptcy attorney in your state ($200 value) to determine if you qualify as well as a free savings quote from a fully accredited and professional debt settlement law firm upon your request.

Make it easy on yourself to make your best choice because dealing with debt is hard enough as it is…

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com
Debt Settlement (OVER $40k)(Complimentary Consultation & Quotes *with Jesse)

** Must have $40,000+ in Credit Card or Unsecured Debt to apply to this exclusive “Sword & Shield” Forensic Mitigation and Debt Restructuring Program. Top debt settlement results provided by A+ BBB Rated, Accredited, FTC Compliant Law Firm in business since 1999 with a national network of attorney’s legally settling debt at a 38-40% average with zero complaints to the Better Business Bureau. Attorneys (or anyone else) cannot guarantee outcomes and results may vary, but these pros are the very best in the business, and I pass along reduced fees to my personal clients.

Debt Settlement (UNDER $40k) (Free Consultation from Affiliate Law Firm)
** Must have $10k+ in Credit Card or Unsecured Debt – “A” Rating & Accredited with BBB, in business since 2003 with transparency and accountability through the largest online debt relief community.
NOTE: This consultation is NOT with Jesse, but will be with a debt counselor who’s held accountable.

Fair Debt Collection Representation (Complimentary Evaluation *with Jesse)

** Collectors calling? Feel like your rights are being violated?
Discover how FDCPA Representation from creditor-butt-kickin attorneys can help you get into a stronger and more profitable position quickly. When a third party collections agency fails to obey the law, they may be liable TO YOU for damages of $1,000 PER VIOLATION. My attorneys will protect your rights from scavenger debt collectors and bring illegal collection tactics to justice.

Bankruptcy (Complimentary Case Evaluation *with Jesse)
Attorney’s can be cold & scary. I’ll be the warm & real human that bridges the gap.
DON’T BE AFRAID OF BANKRUPTCY. Each and every case is unique. Don’t assume that bankruptcy can’t help you.
I will submit your case to a local bankruptcy attorney at no charge to you.

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How Will Debt Settlement Affect My Taxes?

If I Settle My Credit Card Debt, How Will These Significant Savings Affect My Taxes?

This is an interesting question when considering how to get out of debt.

In general, the IRS considers $600 or more of debt which is forgiven or discharged as income. This mean if you owe $50,000 in credit card debt and settle it for $20,000, then the $30,000 difference (savings) is taxable as income since it is not repaid. Although it doesn’t always happen, the forgiving creditor must provide the taxpayer with a 1099-C tax form.

However, the IRS will often waive this tax liability if you can show you were insolvent during the time in which your debt settlement took place. To take advantage of this exemption from tax liability due to the discharge (settlement) of debt, file Form 982 with your taxes for the years in which you settle your debts. You can find this form online at irs.gov.

It is highly recommended that you make a quick call to your accountant or tax professional for further discussion. You may be relieved with what they have to say.

What Does “Insolvent” Mean?

Being insolvent means the amount of your debts are greater than your assets (how much money and property you own).

For example, if a taxpayer has $50,000 in debt and owns $30,000 in assets, he/she cannot exclude more than $20,000 of forgiven debt from his/her income tax. Any forgiven debt over $20,000 that year must be reported as taxable income.

EXAMPLE STORY OF DEBT SETTLEMENT TAX AVOIDANCE:

Tom Smith experienced a financial hardship; losing his job for several months and falling behind with his creditors. When he resumed working, his new job could only offer him a reduced income. After falling behind, Tom’s interest rates on his credit card debt jumped up to an average over 20%. His minimum payments jumped up as well and he was no longer to keep up even after he began working again.

Tom was able to avoid declaring bankruptcy by reaching an agreement with his creditors, whereby they agreed to forgive $20,000 of the total he owed them.

At the time of the debt settlement, Tom’s liabilities totaled $120,000 and the fair market value of his assets was $100,000. At the time Tom settled his debt, he was considered insolvent by $20,000. So Tom was able to exclude the entire $20,000 of credit card debt that forgiven from his taxable income because it was not more than the amount by which he was insolvent.

What’s the Bottom Line on Paying Taxes for the Money You Save from Debt Settlement?

To the degree you are insolvent (your debts are greater than assets) at the time your debt is settled, you can be exempt from income tax due to the forgiveness or discharge (settlement) of credit card or unsecured debt by filing IRS Form 982 along with your taxes. However, the IRS adds “you cannot exclude any amount of canceled debt that is more than the amount by which you are insolvent.”

Additional Resource: http://www.irs.gov/pub/irs-pdf/p908.pdf

There are always very clear and real responsibilities when dealing with credit card debt, especially when you don’t pay back 100% of what you owe through debt settlement. However, once you can remove your credit card debt problem from your life, a whole new world of opportunity can open up for you as you finally become debt free.

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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What is Debt Settlement and How Does it Work?

Debt settlement, also referred to as debt negotiation, means that your debt is negotiated down to a reduced amount and your account is settled in full; paid to a zero balance.

Debt settlement is the process of negotiating with your creditors to settle your debts for less than what you owe, typically for about half of the current balance. This process is not an exact science and is best described as “good, old-fashioned haggling.”

Debt settlement usually only works with unsecured debts such as credit card debt, personal lines of credit or medical debts, but can also work on secured debts after repossession or foreclosure.

Historically, settlement amounts within 40-60% of your outstanding balance are realistic. For example, if your debt is settled for 40%, that means your $50,000.00 in total unsecured debt is settled for about $20,000. Some creditors may not accept settlement of less than 60%, while other creditors may settle as low as 10-25%.

Settling debt can help consumers save significant amounts of money and get out of debt very quickly, typically in 12-36 months or sooner if funds are available.

These incredible savings in time and money are especially significant when compared to paying the full balance plus interest over a long period of time:

$50,000.00 in credit card debt at 18% interest would take 502 months (42 YEARS) to pay off with minimum payments of $1,225.00, at a total cost of $124,428.96.Compare this to debt settlement, which would have the same person out of debt through a debt settlement program in just 24 months at payments of $1,200 and a total cost of about $28,800.

The same person might also choose a 36 month debt settlement program with even lower payments of $825 a month and a total cost $29,700.

Debt settlement is one of the most effective debt relief options available for consumers experiencing a financial hardship. It’s a great choice if you have more debt than you can afford to pay off and you’re falling behind, or just about to fall behind, on your monthly payments.

Getting out of debt as soon as possible is always best when you are paying interest, especially if you are being charged interest rates of 20-30% after falling behind on payments.

Why would you credit card company, commonly referred to as a “creditor”, choose to settle debts rather than continue to charge you interest and late fees month after month?

Well it’s really a matter of dollars and good sense…

Creditors know that if you get into a bad financial situation and you can’t make your monthly payments you may decide to declare bankruptcy, and in this case they may get nothing. Therefore, given your hardship, rather than risk getting nothing, the creditor is usually very willing to settle for a lower amount.

The most common alternative to settling debts with consumers for a creditor is to sell the debt to a debt collector. In 2006 the average amount paid for “bad debt” in America was $0.034 on the dollar. THis means a $10,000 account is sold for an average of $340. So you can see why a creditor would glady accept 50% instead of selling to a debt collector. You can also see why debt collector are willing to settle for half or less when you consider how little they pay to aquire your account.

Once you enroll in a debt settlement program, the first priority is to effectively minimize creditor’s phone calls. Your total unsecured debt amount is reduced while providing just one low monthly program payment. Your monthly program payment amount is often as much as half your current combined monthly payments to the same creditors.

What’s the Bottom Line on Debt Settlement?

Debt settlement is the fastest way to get out of debt for the least amount of money while avoiding bankruptcy.

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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Debt Settlement Secrets: Stopping Creditor Calls from Debt Collectors

THE BEST WAY TO STOP COLLECTION CALLS ASAP.

This only applies to people in a legitimate debt settlement program, such as the debt settlement programs I endorse.  If you are not yet enrolled into a debt settlement program, be sure to read this Debt Settlement WARNING before talking to any of the bazillion new debt consultants off the street. (more…)

Debt Settlement EXAMPLE: $55k in Credit Card Debt (Avoids Bankruptcy)

Could debt settlement be “the light at the end of the tunnel” for you?

If you’re deep in debt and feel like you’re running on the treadmill of life, carrying a heavy backpack full of bricks with no end in sight, let me show you a better way.  Let’s peel back the curtain and show you the light at the end of the tunnel.  You’re about to learn how to turn the tables, like Nicole was able to do.

Why are so many people turning to debt settlement these days?

According to a National Debt Relief Survey I conducted in 2006 with over 10,000 people who had requested help with their credit card debt online after searching Google, most people carrying significant debt said they were interested in debt settlement because they could finally get out of debt as fast as possible (and stay out), live debt free, save more money, invest for retirement, go on a nice “paid-in-cash” vacation, afford a college education for their children and many other reasons unique to their own situations…

  • What are your reasons?
  • Why is it important for you to be debt free?
  • Is “debt settlement” right for you?

Maybe, maybe not…

Let’s take a closer look to discover if debt settlement is the best option for you…

I’m about to tell you a short story to illuminate how debt settlement can be the best choice for certain people. It’s important to discover for yourself if debt settlement is right for you, BEFORE you talk to a pushy sales person trying to enroll everyone and their mother, including you, into debt settlement programs these days.

This story will help you see clearly if debt settlement can truly “save your day”, as well as avoid the common mistakes most people make.

Onward.

Nicole was a wife and mother of a 20-month-old baby girl, living in Virginia, making $27,000 a year as a school teacher and renting her home.

Nicole had financial problems; carrying over $53,000.00 in high interest credit card debt.  Her husband Steve had lost his job.  The couple charged up the credit cards to survive on Nicole’s small salary alone while Steve looked for work.  Before Steve began working again, they fell behind on the credit card payments.

All the debt was in Nicole’s name.

Of course, the credit card companies were quick to jack up Nicole’s interest rates to 20-30%, with most accounts at 29.99% interest (pure insanity).  This also caused the monthly payments to jump up to an amount the couple could no longer afford, even when Steve began working again.

What did Nicole do?

Fortunately, she AVOIDED bankruptcy, and got on the affordable fast-track to freedom from serious amounts of overwhelming debt.

I’ll share the details of “how” she did it below, but first let’s look at a bit of interesting history…

You see, Nicole had previously enrolled in a Credit Counseling program, making monthly payments of $1,425.00, which she couldn’t afford.

The credit counselor who enrolled her after going through her budget actually said to Nicole, with a straight face, “Can you live on negative-$80 a month?”

What a joke!

But it wasn’t funny…

Nicole dropped out of the program 2 months later, deeper in debt with even further damage to her credit.

Since dropping out of Credit Counseling (very common), Nicole had been saving up her money to pay an attorney $1,800 to file Chapter 13 Bankruptcy, because she did not qualify for a Chapter 7 Bankruptcy under the new “creditor friendly” Bankruptcy Reform Act passed in October of 2005.

Can you imagine?

Remember, she only made $27k a year as a school teacher, rented her home and had fallen behind on $53k of high interest credit card debt due to her husband’s job loss… but she still didn’t qualify for Chapter 7 Bankruptcy (where the debt is wiped out), only for Chapter 13 Bankruptcy (where she must repay a portion of the debt).

Wait until you see the “portion” of the debt she would have had to pay back if she had filed bankruptcy, but first you’ve gotta hear this…

Nicole was scheduled to meet with her bankruptcy attorney on a Thursday evening, but by chance she happened to see a certain “debt guru” on a TV Talk Show earlier that same day discussing options for getting out of debt, including debt settlement.  On a whim, she called for a free debt relief guide.

After learning how credit works and about all of her options to get out of debt, Nicole canceled her appointment with the attorney to file bankruptcy and instead she faxed in all of her current credit card statements and budgeting worksheet to see if she qualified for a debt settlement program.

Guess what happened?

Nicole found a better way!

I’ll show you the details in a moment, but first let’s look at what she avoided…

Nicole nearly filed Chapter 13 Bankruptcy (public record). She would have paid $800-$1,000 A MONTH for 60 months, on top of $1,800 in fees for filing bankruptcy. That’s a total cost of nearly $50k-$62k to eliminate her $53k of credit card debt on a 5 YEAR, court-ordered repayment plan. (As quoted by her bankruptcy attorney)

Ouch!

Plus, the crippling affect of a bankruptcy would have remained on her credit report for another 7 years AFTER the date of her discharge… for a total of 12 years of major credit damage.

Double-Ouch!!

Instead, Nicole learned how she could eliminate her $53,000.00 of credit card debt for a total cost of about $34,280 in just 36 months with payments she could afford of only $995 a month.

You may want to READ that AGAIN!

Nicole discovered she could avoid the shame and long-term damage of bankruptcy, save more money for her and her family than any other option available (including bankruptcy or credit counseling) and debt free in just 36 months (no longer be a slave to credit card debt).

She no longer had to throw thousands of dollars a year down the toilet on interest charges.

Nicole eliminated the extreme stress she had been feeling when she didn’t know what to do or how she would ever afford to get out from under an overwhelming amount of debt and out-of-control monthly minimum payments she simply couldn’t afford.

Best of all, “Seeing the light at the end of the tunnel” and waking up every day feeling relief from heavy debt stress helped Nicole and Steve have a better marriage, be better parents to their young daughter and focus on their income and budgeting to get out of debt ASAP, saving as much money as possible in the process.

These results are nothing special and are typical of what can be done through debt settlement.  In fact, many debt settlement clients are debt free even faster, averaging just 28 months.  People with lump sums and high debt amounts usually experience the best results.

If you’re in financial hardship like Nicole was, then take a look at ALL of your options to get out of debt, including debt settlement, but BEWARE of anyone offering only one solution:  Just like the bankruptcy attorney Nicole spoke with, or the credit counselor who enrolled her in a program she couldn’t afford, also watch out for anyone offering only debt settlement.

Work with a professional who offers all options to get your out of debt, who will look out for your best interests instead of trying to sell you their solution.

Subscribe to the Debt Relief Guide Online and learn which option is best for you.

I will help you get out of debt and choose what’s best for you.  I offer ALL options and only work with proven professionals who are accountable to me and take great care of my clients.  If bankruptcy is best for you, I’ll tell you, and help you.  If credit counseling is best for , I’ll tell you, and help you.  If debt settlement is best for you, I’ll tell you, and help you.  If you just need to get serious about budgeting and get on track with an accelerated debt payoff plan, I’ll tell you, and help you.  No matter what, I’ll tell you the truth about your unique situation and what’s best for YOU.

I promise you’ll love my “tough love” style because it’s what you need to hear to avoid mistakes and get this area of your life handled.

Let’s talk soon!

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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Is Debt Settlement “Morally Wrong”?

Debt settlement is a legal agreement between a debtor and a creditor where a portion of the debtor’s debt is simply “forgiven.”  Debt settlement is actually the best way for creditors (credit card companies, banks and debt collectors) to get the most money from consumers in financial hardship, which is why debt settlement works so well.

Debt settlement is the fastest way to get out of debt for the lowest monthly cost and the biggest total savings while avoiding bankruptcy.

But is Debt Settlement Morally Wrong? (more…)

Debt Settlement WARNINGS (Plus Four Rules to Avoid Trouble!)

*** Debt Settlement WARNING! ***

+ Shopping around?
+ Getting quotes from different companies?
+ Filling out forms on the internet, looking for help?

Tempted by lower payments?

Don’t be fooled…

DO YOU HAVE ACCOUNTS WITH ANY OF THESE CREDITORS:

Citibank, Discover or Bank of America? (Are you sure?) (more…)

How To Settle Credit Card Debt On Your Own (“DIY” Debt Settlement)

I’m often asked, “How can I settle credit card debt myself?”

This is a great question.

There’s lots of info floating around about this; some good info mixed with some dangerously incomplete info… And watch out for all the bad and inaccurate info!

Here’s a quick step-by-step guide for you to accomplish your goal of settling credit card debt yourself: (more…)

Will Debt Settlement Hurt My Credit Score? (The Whole Story About How Debt Settlement Affects Your Credit Finally Revealed)

Debt Settlement Causes Credit Scores To Jump 74-130 Points?

Let’s take a look at an example of two clients, James and Anne of Laguna Hills, California, who cut their $55,000.00+ credit card debt down to just $29,817 (including fees) through debt settlement. Only 18 months after beginning their debt settlement program, they were debt free with over $2,100.00 a month in CASH FLOW back in their pockets!

 

Perhaps even more liberating was checking their credit scores shortly after graduation. James saw his credit score jumped 74 points while Anne’s score jumped 130!!

Can You Imagine…

Going from a 520 score just before starting her debt settlement program to a 650 immediately after graduating?

How could this be?

Let’s take a look…

How Credit Works

Understanding “how credit works” seems to elude most people. I think it’s that way on purpose, as creditors and the credit reporting agencies make it rather complex and guarded.

I’ve found a simple analogy that will make it clear for you.

So imagine, if you will, a three-legged stool…

And this stool sits on these three legs because your credit is really made up of three main factors.

Each of these factors account for about one-third of your score, while any one of these factors can cripple your credit worthiness (your actual ability to get a loan) regardless of score.

Make sense?

The Truth About Payment History

The first leg is your payment history. Your payment history is whether you pay your payments on time, if you have any past due accounts or this kind of thing.

If you have a perfect payment history, then you have something to lose in this area of your credit. It’s as if the first late payment you get KNOCKS your score out of the sky, and each additional late payment has less and less of a negative affect.

So if you have at least one late payment on your credit report (you’ve fallen more than 30 days behind in recent times), then you’ve already taken the major hit to your payment history.

Debt settlement, while causing additional late payments, will not have nearly as severe  an affect on your credit score as it would if you have never missed a payment and maintained a perfect payment history.

Debt-To-Income Ratio – The Good, The Bad And The Ugly

The second leg on the stool is your debt-to-income ratio. This is how much debt service you pay (what you’re obligated to pay towards debt) each month verses your net monthly income.

Add up all payments you must make each month towards debt, including credit cards, medical bills, student loans, mortgage, auto loans, etc. What’s the total? Divide this amount into your NET (after tax/take home) income.

You want to keep this ratio at or below about one-third (35%), otherwise it becomes a negative factor that hurts your credit score and worthiness. If your debt-to-income ratio is over half (50%), then you’re CRIPPLED and regardless of your credit score you will have great difficulty obtaining any financing for major purchases.

NOTE: In the past year because of troubles in the mortgage industry, underwriting guidelines have tightened, bringing  the maximum debt-to-credit ratio to 45% in most cases.

Through debt settlement, you eliminate your unsecured debt ALONG WITH the monthly payment obligations you have, thus improving your debt-to-income ratio.

Take your minimum payments on unsecured debt and subtract them out of your debt-to-income ratio to see how big of an improvement debt settlement will have.

The Least Known (But Just As important) Factor: Debt-To-Credit Limit Ratio

The third leg on the stool is your debt-to-credit-limit ratio or “utilization”. This is how much your current balances are compared to your credit limits.

The way this works is very interesting. This is probably the least known factor that affects your credit.

Basically, each account you have has a credit limit and a current balance. If that current balance is less than 50% of your credit limit, that’s a positive factor.

Now, if you have an account that’s more than 50% utilized (a balance is more than 50% of the limit),  that hurts your credit, becoming more severely negative if it gets over 75% of the limit. If your balance gets to the limit, or over the limit,  it becomes a crippling factor.

Again, you can have a perfect payment history, always making your payments on time or early, but if you’ve got a maxed-out or over-the-limit account, you’re stuck.

Through debt settlement your account balances are paid to a zero balance, wiping out any over-utilization and improving this area of your credit.

So How Will Debt Settlement Affect Your Credit Score?

To make it simple for yourself, look at each of these three legs… And determine which are GOOD vs. BAD for you now.

No one can say exactly how debt settlement will affect your credit score, but after working with thousands of people for over seven years, here’s how I see it:

If you have ALL GOOD legs,  your credit will take a hit. Then the question becomes which is more important, keeping good credit or being debt free? Credit or cash flow?

It’s up to you.

If you have a perfect payment history and 700+ credit score, and keeping your credit is more important than eliminating your debt and freeing up your monthly cash flow ASAP, then avoid debt settlement.

However, if you have one or more “BAD LEGS”,  remember that overall, debt settlement will only hurt your payment history (first leg), and not so much if you’ve already fallen behind in the past. Also remember that debt settlement IMPROVES the second and third legs, optimizing your ratios.

The worse these factors are for you going into debt settlement, the greater debt settlement will improve your credit, especially for the long term.

Credit is indeed important, but remember:

CASH IS KING!

(And Cash Flow Rules.)

Keep in mind the “BIG IDEA”:

STOP paying interest and START EARNING interest, ASAP!

This is critically important if you ever want to retire, and makes all the difference between a life of wealth or a life of slavery to debt (seriously).

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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Debt Settlement Advice – For People With High Credit Scores

Let’s start with your situation…

The fact that you have high credit scores and have not fallen behind means you have something to lose (your perfect payment history) if you choose debt settlement.

But, let’s first get clear about exactly how your credit will be affected, because along with the negative impact to your payment history, the other two important areas of your credit, your debt-to-income ratio and utilization, are both greatly improved through debt settlement. (more…)

New York Attorney General’s Debt Settlement Investigation

ATTORNEY GENERAL CUOMO ANNOUNCES NATIONWIDE INVESTIGATION INTO DEBT SETTLEMENT INDUSTRY

Subpoenas Fourteen Debt Settlement Companies and One Law Firm in Connection with Probe

Debt Settlement Companies Often Charge Huge Fees for Misleading Plans, Suggest Selling Blood Plasma to Raise Funds, and Leave Consumers in Worse Financial ShapeNEW YORK, NY (May 7, 2009) – Attorney General Andrew M. Cuomo today announced a nationwide investigation into the debt settlement industry, subpoenaing fourteen debt settlement companies and one law firm. Companies in the debt settlement industry often prey upon consumers who find themselves unable to keep up with credit card payments during these difficult economic times.“Today, millions of hardworking Americans are finding themselves imprisoned by debt. In response, a rogue industry has stepped in, offering consumers false hope, charging tremendous fees, and leaving them in a worse financial situation,” said Attorney General Cuomo. “Our mission is clear: to hold unscrupulous businesses accountable; to rein in a renegade industry; and to ensure that people are not victimized when faced with financial hardship.”

As part of his broad investigation of the debt settlement industry, Cuomo today issued subpoenas to fourteen debt settlement companies and one law firm: American Debt Foundation, Inc.; American Financial Service; Consumer Debt Solutions; Credit Answers, LLC; Debt Remedy Solutions, LLC; Debt Settlement America; Debt Settlement USA; Debtmerica Relief; DMB Financial, LLC; Freedom Debt Relief; New Era Debt Solutions; New Horizons Debt Relief Inc.; Preferred Financial Services, Inc.; U.S. Financial Management Inc. (d.b.a. My Debt Negotiation); and the Allegro Law Firm.

The subpoenas include requests designed to uncover the companies’ fee structures, how many people have benefitted from the companies’ services, and what kind of relief the companies are actually providing.

Cuomo is also currently investigating Nationwide Asset Services, Inc., based in Phoenix, Arizona, and Credit Solutions of America, Inc., based in Addison, Texas.

The debt settlement plans offered by these companies are often inherently flawed and, based upon consumer complaints, it appears that many consumers are being misled regarding the nature of the services offered by these companies. For example, some companies falsely represent that they can reduce consumers’ credit card debt by as much as 75 percent through negotiations with creditors. In addition, the companies often take their fees up front and keep their fees even when they do not provide the promised services.

The debt settlement plans are generally premised on consumers aggregating savings, over one to three years, from which both the payment of the company’s fees and any negotiated settlement are to be made. Yet most consumers who are targeted by these companies are unable to meet the savings requirements because of their precarious financial situation.

Some of the companies also urge consumers to seek additional sources of funds through means such as selling their blood plasma, mowing lawns, cutting down on car insurance, and borrowing from their neighbors and church. Even for those consumers who can meet the requirements set out by a plan, their amount of aggregated savings is ordinarily insufficient to settle their debts. As a result, many consumers find themselves worse off financially because of these debt settlement plans.

Many consumers may benefit more from working directly with their creditors, seeking credit counseling, or consulting an attorney about filing for bankruptcy. Additionally, even when enrolled in a debt settlement plan, consumers are often still subjected to collection efforts and lawsuits filed by their creditors. Consumers are even told not to discuss their debt situation with creditors.

Attorney General Cuomo has actively pursued unscrupulous companies and individuals that have attempted to take advantage of people who are experiencing personal financial problems during these trying economic times. On April 14, 2009, the Attorney General arrested the owner of Long Island-based American Legal Process for allegedly providing “sewer service” to thousands of New Yorkers owing debt. According to the Attorney General’s criminal complaint and civil suit, this company failed to properly notify individuals that they faced debt-related lawsuits. As a result, individuals would unknowingly default and have judgments entered against them, without the chance to defend themselves.

Consumers who believe they are being defrauded by a debt settlement company are urged to contact the Attorney General’s office at 800-771-7755 or www.oag.state.ny.us.

The Attorney General’s investigation of the debt settlement industry is being spearheaded by the Bureau of Consumer Frauds and Protection in New York City and several of the Attorney General’s Regional Offices across the state, under the supervision of Consumer Frauds Bureau Chief Joy Feigenbaum and Deputy Attorney General for Regional Affairs David Sampson.

The following are some helpful information tips for consumers faced with significant credit card debt:

  • Be wary of debt settlement companies which falsely promise to obtain substantial lump sum debt reduction settlements. Many advertise “reduce debt now,” and claim as much as 50% to 75% off credit card debt, but rarely obtain advertised reductions.
  • Never agree to sign a contract with a debt settlement company that requires payment in advance prior to obtaining the promised debt reduction.
  • Enrollment in debt settlement plans may not stop creditors from bringing collection law suits, or prevent enrolled accounts from growing larger by the addition of late fees, interest, and penalties. Also, credit reports will reflect derogatory information, including assessed late charges and non-payment of debt, and consequently credit scores will be adversely affected.
  • Creditors are under no legal obligation to accept a settlement offer for less than the outstanding balance owed.
  • Only a small number of consumers who enroll in debt settlement plans have the financial means to complete them. Usually, they drop out after having paid service fees to the companies with no settlements.
  • Enrollment in a debt settlement plan premised on stopping payments to creditors will likely lead to more frequent and aggressive creditor collection efforts often resulting in judgments, wage garnishments, and freezing of bank accounts.
  • Check with the Better Business Bureau to obtain a Reliability Report on a particular debt settlement company and its rating.
  • A wise first step to help resolve an outstanding account is to speak directly to the credit card issuer. Alternatively, it may be helpful to speak to an attorney or an accredited credit counselor who can help develop a plan of action that best works for each consumer’s unique situation.

From: Office of Attorney General of New York

MY RESPONSE:

There is no question about two things:

#1) Debt settlement is a legal, ethical, moral and viable option for people in a financial hardship to get out of debt for the lowest total cost in the shortest possible time frame without filing bankruptcy.

#2) Many unscrupulous operators have been taking advantage of consumers in the debt settlement industry for years.

What’s misleading in the Attorney General’s statements is the tone that all debt settlement programs are scams, demonizing the debt settlement industry while upholding credit counseling and bankruptcy as somehow more reputable.

This is not the case at all.

Credit counseling is backed and supported by the credit card companies themselves. These programs are notorious for higher failure rates that debt settlement. They often tell a half-truth that enrolling will not affect a person’s credit rating, yet hide the fact that while enrolled such debt management programs negatively affect a person’s credit report and credit “worthiness” as bad or even worse than a bankruptcy.  This is why many lenders call it a “walking bankruptcy” when they see “THIS ACCOUNT IS INCLUDED IN CONSUMER CREDIT COUNSELING SERVICES” or similar entries on a consumers credit report.

Bankruptcy attorney’s have had a hard time qualifying consumers for chapter 7 since the “creditor friendly” Bankruptcy Reform Act was passed in October 2005, which caused an 80% drop in bankruptcy filings the following year. Since then, the most common stories I hear from clients is the “bait and switch”… where bankruptcy attorney’s get a person’s hopes up to qualify for Chapter 7 but then switch to the Chapter 13.  In Chapter 13, the consumer repays a portion of their debt, sometimes even more than they would pay through debt settlement or even more than they currently owe.     The payments are made during an average of five years on a court-ordered payment plan. This causes a total of 12 years of devastating credit damage.

So to generalize and say debt settlement is all bad and consumers should talk to a credit counselor or bankruptcy attorney is plain bad advice.  I’m afraid the “black and white” nature of the NY Attorney General’s statement will lead consumers to make even more poor financial choices, causing subsequent financial nightmares that could have been avoided…

In my experience with thousands of clients over the past seven+ years, I’ve seen a LARGE NUMBER of people, first hand (including my own friends and family), successfully save more money through debt settlement than ANY other option available.

The majority of my clients agree they receive greater benefit from enrolling in their debt settlement programs than they pay in fees. Why else would they send me e-mails and testimonials months and YEARS later? Why else would they continue to refer their friends and family to me?

I have new clients this week who were referred to me by happy clients I helped YEARS ago. In fact, referrals from past clients are a significant portion of my business. I think that says a lot about the fact that debt settlement is a legitimate option and how it can, has and will help many consumers who are struggling with significant debt to be debt free ASAP for the lowest cost without filing bankruptcy.

When you account for the fact than most people enrolling in debt settlement programs are already paying 20-30% interest PER YEAR, even the flat 15% fees most debt settlement companies charge is a bargain.  Furthermore, the debt settlement companies I work with track their results and report them internally.  For years we’ve seen clients accounts settled in full for an average of 40-50% of their balances.  So in essence, the consumer is still SAVING significant money, paying less per month and less overall to get out of debt much faster than any other available option other than bankruptcy (which, again, many people simply do not qualify for).

Sure, there are debt settlement horror stories caused by ignorant, greedy, untrained salespeople enrolling consumers in bad debt settlement programs.  Some of  these companies  are not even set up to fulfill their promises to settle debts for significant client savings. This doesn’t mean the whole industry is a scam. Far from it.

What we need is the BBB to do its job to help consumers distinguish the good companies from the bad.

Currently, the BBB is revoking membership and giving “D” and “F” ratings to any company in the debt settlement industry, regardless of their track record or number of complaints.

This is despite the fact that there are solid, ethical players providing a real, valuable debt settlement service to consumers.

To illustrate this, look at FreedomDebt.com, a company  who has helped thousands upon thousands of clients with debt settlement nationwide since 2002, yet has only one single BBB complaint in its entire history.

The company was a paying member of the BBB until last year when it’s membership was revoked and it was given a “D” rating. Admittedly from the BBB this is only because of the industry the company is in and has no reflection on service to its clients. The company maintains an outstanding reputation with clients and has been continually invited back to talk shows and news programs all over the country.

http://austin.bbb.org/WWWRoot/Report.aspx?site=40&bbb=0825&firm=90006140

Now for some contrast…

Take a look at Credit Solutions (creditsolutions.com), who’s looong list of BBB complaints is currently at 1,682!

I’ve personally spoken with many consumers over the years who report ridiculous, unrealistically low estimates and quotes from the company’s sales people who use high pressure tactics to enroll as many new clients as possible without taking any time to disclose the truth about the programs.

Here’s what happens when you try to short-cut this important financial decision:

http://www.bbb.org/dallas/business-reviews/debt-reduction/credit-solutions-in-richardson-tx-90005445

But what’s the root of the problem?

Lack of education.

Lack of “financial education”, specifically…

It takes time to learn all this “credit and debt stuff,” and most of us were never even taught the basics in school.

For sales people on a commission, it simply takes too long to educate a client completely in order for them to make their most financially intelligent choice.

What consumers need is unbiased, complete education about credit, their options to get out of debt and how, exactly, to make the best choice for themselves.

There is no cookie cutter approach.

Consumers must take responsibility for their own financial education.

Hopefully this investigation sheds light on our need for accurate financial education and validates debt settlement as the legal, ethical and moral option it IS… for consumers to be debt free ASAP and save the most money possible without filing bankruptcy.

Hopefully it also removes the unscrupulous players from the industry who have become the bad apples in the barrel.

One last thing…

It seems the competition of debt settlement programs (i.e. credit card companies, credit counseling and bankruptcy attorneys, even “do it yourself” debt settlement plans) have all ganged up on this “upfront fee” issue.  It may sound good, but let’s think about it ourselves, shall we?

The advice above states:

“Never agree to sign a contract with a debt settlement company that requires payment in advance prior to obtaining the promised debt reduction.”

This would include all professional debt settlement services.

Reality: No one works for free.

Every credit counseling program (even the remaining so-called “non-profits” left over after the IRS revoked over half of the credit counseling industry’s non-profit status in the past few years), bankruptcy attorneys and even the DIY debt settlement folks REQUIRE you to pay them up front before they provide their services or products.  So what’s the difference here?

No BK attorney will file your case for free.  Credit counselors are not free, they too charge fees, and when they receive a payment from you they get a kick-back from your creditors.

It’s ridiculous to think a company would only get paid its fee at the time a settlement happens. That said, there are many horrible fee structures out there that need to be addressed.

Unfortunately, the news I’m seeing about this investigation is only going to cause more confusion, more fear and ultimately lead more consumers to financial ruin BECAUSE every day, 24/7/365, people in America with significant amounts of high interest credit card debt are LOSING MONEY.

It only gets worse if they wait, and sending them to Credit Counseling or Bankruptcy is sending them to another den of wolves.

The beginning of a better option

If you’re in debt, I offer a free “life-changing financial education” program that provides a free debt analysis comparing all options, budgeting guide and audios, videos and workbooks to teach you what you must know before you pay anyone… about how credit works, your options to get out of debt and how to make this critical decision for your financial future. Ultimately, you must make “getting out of debt ASAP” a PRIORITY, get educated, make your best choice and TAKE ACTION to actually be debt free ASAP.

I like to call it “the big idea”…

STOP Paying Interest and START Earning Interest ASAP!

Hope this clears up some of the muck, and good luck!

Was this valuable to you?  Feedback?  Question(s)?

Please share your thoughts and ideas below.  I respond to any questions posted as a comment in detail by email.

Thank you for the opportunity to serve you!

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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What is Debt Settlement?

Debt settlement, also known as debt negotiation, debt arbitration or debt workout, is an aggressive approach to debt reduction in which the creditor agrees on a reduced amount, paid by debtor, as payment in full.

As long as consumers continue to make minimum monthly payments, creditors will not negotiate a reduced balance. However, when payments stop, balances continue to grow because of late fees and ongoing interest, and creditors then become willing to settle for less than the balance owed.

Consumers can arrange their own settlements by using advice found on web sites, hiring lawyers to act for them, or using debt settlement companies. Some settlement companies may charge a large fee up front. Some take a monthly fee from customer bank accounts for their service, possibly reducing the incentive to settle with creditors quickly. One expert advises consumers to look for companies that charge only after a settlement is made, and charge about 20 percent of the amount by which the outstanding balance is reduced.

History

As a concept, lenders have been practicing debt settlement thousands of years. However, the business of debt settlement became prominent in America during the late 1980s and early 1990s. Bank deregulation, which loosened consumer lending practices, followed by an economic recession placed consumers in financial hardships. With charge-offs (debts written-off by banks) increasing, banks established debt settlement departments.  These departments were staffed by personnel who were authorized to negotiate with defaulted cardholders.  The purpose was to reduce the outstanding balances to recover funds that would otherwise be lost if the cardholder filed for Chapter 7 bankruptcy.

Typical settlements ranged between 25% and 65% of the outstanding balance.

Alongside the unprecedented spike in personal debt loads, there has been another rather significant (even if criminally under reported) change – the 2005 passage of legislation that dramatically worsened the chances for average Americans to claim Chapter 7 bankruptcy protection. As things stand, should anyone filing for bankruptcy fail to meet the Internal Revenue Service regulated ‘means test’, they would instead be shelved into the Chapter 13 debt restructuring plan. Essentially, Chapter 13 bankruptcies simply tell borrowers that they must pay back some or all of their debts to all unsecured lenders. Repayments under Chapter 13 can range from 1% to 100% of the amounts owed to unsecured creditors, based on the ability of the debtor to pay. Repayment periods are 3 years (for those who earn below the median income) or 5 years (for those above), under court mandated budgets that follow IRS guidelines, and the penalties for failure are more severe.

How it works

Essentially, the debt settlement company negotiates on the borrowers’ behalf with creditors. They reduce the overall debts in exchange for an agreement for  regular payments to be made. Only credit card debts can be handled, not student loans, auto financing or mortgages. For the debtor, this makes obvious sense – they avoid the stigma and intrusive court-mandated controls of bankruptcy while still lowering, sometimes by more than 50%, their debt balances. Whereas, for the creditor, they regain trust that the borrower intends to pay back what he can of the loans and not file bankruptcy (in which case, the creditor risks losing all monies owed.)

There are obvious drawbacks – credit reports will show evidence of debt settlements and the associated FICO scores will be lowered as a result. There’s always the possibility of lawsuit whenever debts lay unpaid.

Few creditors wish to push borrowers toward bankruptcy and the potential of governmental protection against all debts. In addition, the specific debts of the borrowers themselves affect the success of negotiations.

Tax liens or domestic judgments remain unaffected by attempts at settlement for reasons that should be clear.

Student loans, even those not federally subsidized, have been granted special powers by recent legislation to attach bank accounts without possibility of Chapter 7 bankruptcy protection. Also, some individual creditors, including Discover Card, for example, tend to have an aggressive resistance against negotiations.

Debt Settlement Companies

In order to work with a debt settlement company, a consumer needs lump sum cash (best scenario), or to build up enough funds over a pre-determined period of time. Once enough funds are built up, the negotiation process can begin with each creditor individually. The account can be held by credit card companies or may be sold to a collection agency for an average of $0.034 on the dollar (2007), in which case debt can still be negotiated. The debt settlement company negotiates with the credit card companies for 35% – 50% of the existing balances.

The debt settlement companies typically have built up a relationship during their normal business practices with the credit card companies and can come to a settlement agreement quickly. Once the consumer pays the agreed upon amount, the debt settlement companies take a percentage of the savings of the forgiven debt as the fee.

With the current economic crisis, more and more credit card companies may be willing to settle existing credit card debts rather add to their already large written-off bad debt.

Creditor’s incentives

The creditor’s primary incentive is to recover funds.  If the debtor files for bankruptcy, the creditor can potentially lose the entire amount. The other key incentive is that the creditor can often recover more funds than through other collection methods. Collection agencies and collection attorneys charge commissions as high as 40% on recovered funds. Bad debt purchasers buy portfolios of delinquent debts from creditors who give up on internal collection efforts and these bad debt purchasers only pay between 1 and 7 cents on the dollar. So the creditor typically recovers more in a debt settlement agreement than they would with attorneys or bad debt purchasers.

Common objections to settlement

There are five main objections to consumer debt settlement: damaged credit, increased collection calls, possibility of lawsuits, tax consequences and the need to settle with all creditors.

Settlement damages credit

The debt settlement damages the scores in credit report. A credit report is used by creditors to judge past credit performance to see if the applicant meet their criteria for lending. Insurance companies use a person’s credit report to determine premiums and prospective employers review the credit report to establish the character of a job candidate.

Debtors can still be sued

A debt settlement company does not make monthly payments on the debtor’s accounts and they still remain in default. While the debts are still in default the creditor or its assignee can still file a lawsuit against a debtor. Most creditors and debt collectors want a lump sum payment to settle for less than the full debt.

Although a debtor may make monthly payments to the debt settlement company, the amount is too small to successfully negotiate a settlement until after the debtor has made several months’ worth of payments.

Tax consequences

Another common objection to debt settlement is that debtors whose debts are partially canceled outside the bankruptcy system will need to report the canceled portion of the debt as taxable income. (IRS Publication Form 982)

The IRS considers $600 or more of forgiven debt as taxable income. The forgiving creditor must provide the taxpayer with a 1099-C tax form. This form will list the amount of forgiven debt and interest in Box 2. Taxpayers with portions of personal loans forgiven may not subtract the interest reported in Box 3 from the amount of reportable income on this form.

However, the IRS does not require taxpayers to report forgiven debt if the tax payer was insolvent at the time the creditor forgave the debt. Being insolvent means that the amount of a debtor’s debts are greater than his/her assets (how much money and property the debtor owns). However, the IRS adds that “you cannot exclude any amount of canceled debt that is more than the amount by which you are insolvent.”

For example, if a taxpayer is $10,000 in debt and owns $3,000 in assets, he/she cannot exclude more than $7,000 of forgiven debt from his/her income tax. Any forgiven debt over $7,000 that year must be reported as taxable income.

Was this valuable to you?  Feedback?  Question(s)?

Please share your thoughts and ideas below.  I respond to any questions posted as a comment in detail by email.

Thank you for the opportunity to serve you!

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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TASC Response to the BBB Position on Debt Settlement

Jan 15, 09

January 6, 2009

Stephen J. Cole
President and CEO
Council of Better Business Bureaus, Inc.
4200 Wilson Boulevard, Suite 800
Arlington, VA 22203-1838

Dear Mr. Cole:

I write on behalf of The Association of Settlement Companies (TASC) regarding the Better Business Bureau’s policy on the rating of debt settlement companies. TASC is the predominant national association of settlement companies representing over 170 member companies. It was formed to provide operating standards for member companies and to promote effective and fair legislation affecting the industry. TASC’s goals are to promote good business practice in the debt settlement industry, protect the interests of consumer debtors, and educate legislators and regulators at all levels of government with respect to the issues involved in the debt settlement industry. The mission of TASC is to encourage debt settlement companies to provide services in accordance with the highest professional and ethical standards in order to retain the confidence of the public, the credit industry and local, state, and federal government. Some of the standards we require our membership to adhere to include specific disclosure requirements that must be made when enrolling a consumer into a debt settlement program, form requirements for client agreements, fair marketing standards, record keeping requirements, authorization standards in negotiating and finalizing settlements, minimum service standards, and permission allowing TASC to monitor or “screen” the adherence to such standards. TASC proactively self regulates its membership by using a third party company to “secret shop” our members and review member websites for compliance with our standards.

A representative of TASC recently met with the Dallas, Texas BBB office to discuss the new rating system and how it works. I am concerned about how the new rating system fails to distinguish between good debt settlement companies and those deserving of poor ratings. Most notably the highest rating a debt settlement company can receive once it has been tagged with the debt settlement “type of business” category is a “C”. Debt settlement companies are almost never more than 5 years old and thus will automatically receive further point deductions for “time in operation.”  If even a very small number of the thousands of consumers serviced files a complaint, then the combined impact of the various rating categories means that a debt settlement company will never grade more than a D or F . This results in consumers being unable to differentiate between debt settlement companies that have good business practices and those that are truly bad companies. It also appears inequitable when compared to businesses in other industries that have large volumes of complaints and yet have high A or B ratings.

Debt settlement companies serve a need for consumers that is not met by other means. Debt settlement is a necessary debt relief option for consumers especially in this economic environment when even Fortune 500 companies and state governments are unable to meet their financial obligations. Consumers do not receive direct governmental “bailouts” and thus debt settlement often is their best hope. Other options such as credit counseling/debt management or bankruptcy are often either unaffordable or unavailable. Even J. Thomas Rosch, Commissioner of the Federal Trade Commission, recognized that debt settlement is a viable and needed service for consumers. He recounted a talk show host’s comments about debt settlement :

“But she also acknowledged that debt settlement even at a cost can play an important role in solving what may seem like insurmountable problems of indebtedness faced by many consumers. I thought those remarks were right on.”

Thus, debt settlement is a service that will continue to be sought after by consumers. However, your current rating system does not benefit consumers and in fact hurts them by benefitting the bad companies. Those bad companies are now indistinguishable from good companies that maintain standards, disclosures and good business practices.

I have attached for your review two documents regarding TASC member company standards and disclosures. The first, attached as Exhibit A, documents standards that each member commits to regarding selling and providing debt settlement services including but not limited to standards on marketing, service agreements, client service, negotiations, and record retention. These standards, among many other things, help accomplish the following:

• Marketing of services are fair and representative of the plan

• Consumers are screened for suitability for the plan

• Plans are fully and accurately explained

• Fees are fully and accurately explained

• Important disclosures are made

• Service agreements are in writing

• Service expectations are set

• Settlements are properly authorized

• Settlements are properly documented

The second document, attached as Exhibit B, documents disclosures that must be made to consumers enrolling in a debt settlement program and that must be a part of every service agreement. These disclosures include the following:

• No specific results can be predicted or guaranteed.

• The consumer needs to set aside savings for settlements.

• The debt settlement company does not make payments to creditors.

• Creditors may continue collection efforts on delinquent accounts including phone calls, letters, hiring collection agencies, filing lawsuits or even garnishing wages.

• Debt settlement companies cannot force a creditor to negotiate or settle a debt.

• Fees paid to a debt settlement company are not funds to be used for settlement.

• Creditors may not be contacted immediately.

• Not paying creditors may result in negative credit reporting, increased interest rates and penalties. Interest and charges may continue to accrue until a settlement is reached.

• Settlement savings may be considered a taxable benefit.

To help ensure that the above guidelines are in fact being followed by our members, TASC started two programs of self regulation – one is a secret shopping program performed by a third party company wherein the company calls each TASC member debt settlement company posing as a consumer. The shopper makes certain inquiries and evaluates the responses on a check list to gauge whether the company is abiding by TASC standards. The second program is also performed by a third party and involves an examination of each debt settlement company member’s website to ensure that the advertising and statements made on the website are consistent with TASC standards. Companies who do not pass the examinations satisfactorily are notified of the issues and are shopped again shortly afterwards. Continued failure to meet TASC standards will result in revocation of that company’s membership in TASC.

Companies also may be accredited through BSi Management Systems (BSI), a national and international company recognized for its ISO 9000 and other industrial and service related accreditation standards. Accreditation by BSI involves an onsite audit of policies and procedures and their implementation by the debt settlement company under strict standards and requirements. Currently, we estimate only approximately 10% of debt settlement companies are accredited.

We believe that the above controls significantly protect consumers and promote good business practices. However, the Dallas BBB office stated that such self regulation, standards, disclosures and accreditation mean nothing. The BBB position apparently is that the business model of debt settlement is indefensible and that no set of standards are acceptable despite the fact that a number of state regulators and legislators recognize and license the practice while others are working with the industry to come up with standards. TASC ardently disagrees with the BBB’s rejection of its standards and requests the BBB review its stance on the rating system for debt settlement companies.

Below I address some specific issues raised by the Dallas BBB office related to the “type of business” rating system:

1. Creditors don’t get paid.

The BBB stated that one reason it views debt settlement as a bad business model is because the model inherently results in the creditors not getting paid as agreed to by the consumer. The BBB felt that the creditors had a right to get paid and that debt settlement obstructed that right. Included in this general line of thought was that debt settlement companies tell consumers not to pay their debts or that the business model “educates” consumers not to pay their debts.

TASC response.

a. TASC members do not tell consumers not to pay their debts.

TASC standards prohibit a company from advising a consumer to stop paying his or her debts. Consumers who enroll in debt settlement plans cannot afford to pay their creditors and independently decide to stop paying their creditors. Debt settlement sets up a plan for these consumers to pay back their creditors as they can afford to do so.

b. Debt settlement does not cause the problem of consumers failing to pay their debts.

Consumers’ own personal circumstances and hardships result in them being unable to pay their debts. Without debt settlement, there would still be collection lawsuits and thousands of collection agencies pursuing debtors for debts gone unpaid. Debt settlement simply provides a solution to those debtors and helps consumers pay back what they can afford.

c. There are circumstances when it is appropriate for a consumer not to pay their debts.

Consumers under financial hardship who cannot afford to pay back their debts in full simply aggravate the problem when they attempt to continue making payments. They borrow against one credit card to pay back another. They drain retirement savings or take out home equity loans to make payment. These are not solutions, but rather short term band aids which simply delay the problem after which the consumer is often in worse shape than before. The Federal Reserve has also recently concluded that creditors are at fault in using unreasonable policies that make it more difficult for a consumer to pay back his debt. For instance, creditors without notice or good cause increase interest rates. They also apply payments to lower interest debt instead of the high interest debt so that more interest accrues, create short payment windows to increase the odds a debtor will pay late thus accruing late fees, and charge overlimit fees on interest and fees added by the creditor. These types of actions penalize debtors so much that they often cannot catch up to pay their debts.

d. The BBB’s position would mean that bankruptcy should not be a viable consumer option either.

Bankruptcy contemplates the consumer not paying back the creditor some or all of the debt owed. Thus, in principle, the BBB would be opposed to bankruptcy whether utilized by consumers or businesses. The BBB has no answer for a consumer that cannot afford to pay back his debts and for whom other options are not affordable or viable. The BBB refuses to concede that debt settlement is a viable option and thus concludes a consumer should simply struggle with collections and debt rather than seek debt settlement as a solution.

e. Creditors are accepting debt settlement as a means of repayment.

Some major creditors and collection agencies have accepted the practice of debt settlement and do have formal agreements in place with debt settlement companies. TASC sees these types of relationships growing in the future as creditors see the value in debt settlement services.

2. Advance Fees.

The BBB states that charging a fee prior to settling debt results in consumers being charged for work not done. It contends that the fees charged by settlement companies are excessive when compared to a Debt Management Program administered by non-profit credit counseling companies.

TASC response:

a. Debt settlement companies provide significant services prior to the debt being settled.

Debt settlement companies provide much service beyond simply settling the debt and incur significant costs prior to plan completion. The program involves significant service by the company before the consumer is ready to settle his or her debt. Recent comparisons between a credit counseling/debt management company and a debt settlement company with the same number of clients reveal that the debt settlement company has up to 10 times the staff. The reason for the larger staff is the great demand and need for customer service that debt settlement companies provide throughout the term of a client’s contract. The number of hours required to service, negotiate, and administer the accounts for the duration of the program far exceeds what is expected and provided by credit counseling agencies. Debt settlement companies do not simply set up a fixed payment plan at the beginning of the contract and perform a bill paying service for the creditors, as is the case with many debt management plans. Debt settlement companies communicate regularly and frequently regarding the client’s account. Much like a personal trainer provides assistance in building good habits, discipline and continued affirmation of basic principles necessary for success, debt settlement companies provide continued accountability to follow the savings plan and to stay on budget, regular follow up to encourage financial discipline, and support to meet the plan goals. Regular communication is also needed to track the account placement with changing collection agencies and changing balances. Debt settlement companies must engage in repeated negotiations and actively monitor the creditor’s activities with respect to their client’s accounts throughout the length of the program. All of these activities result in significantly greater time expended per account and a greater level of service performed per client, and as such, fees must be collected before settlements are made.

b. Most service providers including creditors effectively charge advance fees.

Creditors collect interest on the front end of a loan. For instance, if a creditor gives a 10 year loan, most of the fee (interest) for the loan will be paid over the first few years of the loan. A consumer cancelling such loan after a few years will still owe most of the balance of the loan and have paid most of the interest/fee even though the contract was for a 10 year period. A consumer in a debt management plan experiences the same “front load” of interest being paid to the creditor.

c. The “effective interest rate” of such fees is significantly lower than what creditors charge.

Credit card companies often charge over 30% per annum. Pay day lenders charge effective rates of hundreds of percent per annum. Debt settlement companies charge fees equivalent to less than 7% per annum. As an example of a debt settlement program charging a maximum 20% fee based on the enrolled debt for a 36 month program, over three years, the fee averages less than 7% per annum. Even when collected over the first 18 months of a 36 month program, approximately 13% is collected in the first 12 months, and the remainder collected over the next 6 months. That equates to an effective interest rate of just 13% during the first year, and just over 7% for the second year and nothing in the third year. In many instances these consumers are paying creditors over 20% or even over 30% interest per year. Even in a debt management plan, the creditors’ concession interest rate averages 13% per annum plus the fees paid to the provider. The fee charged by settlement companies is a huge break over what the creditors are demanding. Further, actual fees are usually even less than the above example as most companies charge a total fee of 15% or less for a three year program.

d. Some debt settlement companies charge fees at the time of settlement.

Some debt settlement charge fees where a significant portion of the fee is earned and collected at the time the debt is settled. Usually these fees are calculated as a percentage of the savings the consumer realizes. The fees, when totaled, usually are greater than those charged by a company using a flat fee model due to the fact the fees are collected later in the process.

3. Unfair risk to consumers/results cannot be guaranteed.

The BBB faults debt settlement companies for the fact that results cannot be guaranteed and concludes that, as a result, the service is an unfair risk to consumers.

TASC response

a. Companies disclose risks to consumers.

TASC members disclose the risk to consumers and explain that the companies cannot force creditors to negotiate with them nor can they guarantee a certain amount of savings. Consumers weigh the potential benefits and risks and make informed decisions as to whether they wish to participate in a debt settlement plan. However, the BBB’s position is that a consumer should not have the right to make such an informed and calculated choice. Yet the BBB offers no alternative solution to consumers who cannot use other debt relief options.

b. Many other services do not guarantee results.

Doctors, lawyers, financial planners, stock brokers and many other professions do not guarantee the results of their services.

c. Results reached or unreached are often a product of the consumer.

Success in a debt settlement plan does depend heavily on the consumer’s own actions such as his or her ability to stay on the savings plan. Consumers who fail in a debt settlement plan do so for a number of reasons, often including fault of their own. The BBB appears to ignore this fact when rating debt settlement companies.

d. Other debt relief industries are not held to the same standards.

Credit counseling companies historically have an approximate success rate of 21-26% . The national rate of completion for confirmed Chapter 13 bankruptcy plans is only 33%. Debt settlement completion rates are reported to be higher – between 40-55% .

4. Debt settlement negatively affects a consumer’s credit score.

The BBB is concerned that consumer’s credit score is negatively affected by a debt settlement plan and has other general “risk to the consumer” concerns.

TASC response

a. Companies disclose risks to consumers.

Similar to paragraph 3a above, many companies such as TASC members make explicit disclosures about debt settlement plans to consumers so that they fully understand the risks of the program. Again, the BBB has no solutions for consumers who cannot afford to repay their debt in full.

b. Consumers usually have bad credit already.

Consumers who are looking at debt settlement as an option typically have bad credit, or are about to have bad credit. If they are maintaining good credit by using one credit card to pay another, or if they are using some other temporary, short term stop gap, the consumer is usually about to take a hit to their credit score.

c. Studies show that consumers who complete debt settlement plans have improved credit.

One formal study and one survey reveal that consumers who successfully complete the debt settlement plan usually improve their credit scores. However, TASC members usually only disclose that the plan may negatively affect a consumer’s credit score to avoid any confusion as to whether the company offers credit repair.

In conclusion, TASC strongly believes the BBB is performing a disservice to consumers by failing to distinguish between those companies who consumers ought to avoid with those companies who provide good faith services using standards that protect consumers. The BBB’s position regarding the debt settlement business model essentially takes away a valuable and needed option for consumers who cannot otherwise afford to repay their debt. The BBB current rating system shrugs its shoulders at these consumers and offers them no assistance. TASC requests that the BBB review its policies regarding rating debt settlement companies so that consumers choosing to use debt settlement can identify those companies who should be avoided instead of enabling them to continue their practices. TASC offers to meet with the Council to discuss this further or provide more information for your review. I look forward to your response soon.

Sincerely,

Christopher Kesterson

President

Enclosures

cc: Chris Burgess, Dallas BBB

Lee Stallings, Dallas BBB
1.Credit Counseling in Crisis: The Impact on Consumers of Funding Cuts, Higher Fees and Aggressive New Market Entrants, Consumer Federation of America and National Consumer Law Center, April 2003.

1.“Bankruptcy by the Numbers: Measuring Performance in Chapter 13” by Gordon Bermant and Ed Flynn, Executive Office for the U.S. Trustees.

1.TASC Position Paper, September 11, 2006.

Here To Be An Asset To You,

Jesse Niesen
DebtGoToGuy.com

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