Debt Settlement Pros and Cons
Sunday, February 12th, 2012Debt settlement is a process that allows consumers to negotiate a lower payoff with their creditors. In some cases, consumers can reduce balances by more than 70 percent through this process. However, while debt settlement can help people get back on their feet and avoid bankruptcy, like anything, debt settlement has pros and cons. Before you begin the debt negotiation process, you should learn the pros and cons of debt settlement and consider whether it really is the best solution for you.
Debt Settlement Pros
On the positive side, debt settlement can drastically reduce the balances owed on accounts. Additionally, many creditors will also agree to lower or eliminate the interest charged on the outstanding account balance. Consumers do not need to retain a lawyer to negotiate the debt settlement. However, many do choose to use debt settlement companies to work out the details of the debt reduction with the creditors. Consumers can also choose to negotiate directly with the creditors without the assistance of a third party.
Debt settlement can also help people avoid bankruptcy. Bankruptcy has the most serious effect on a credit report. A bankruptcy remains on a credit report for a total of seven to ten years from the date of discharge. This can adversely affect a consumer`s ability to establish new credit. While debt consolidation will typically have negative credit consequences, the overall impact to the credit report and credit score is much less severe than bankruptcy.
Another advantage of debt settlement is the ability to free up cash. In many cases, consumers will lower their total monthly payment obligation through this process. This results in more disposable income. Additionally, debt settlement will prevent creditors from continuing or taking future legal action to collect the debt.
Debt Settlement Cons
Debt settlement does, however, have several “cons” that consumers should consider before initiating the process. First, debt settlement will typically result in negative credit reporting. Most creditors will mark the settled accounts on the consumer’s credit report as “settled.” This tells other potential creditors that you did not pay the account in full and honor the original terms of the credit agreement. In addition, some creditors will continue to mark the account `past due` on the credit report until the consumer completes the debt settlement plan. Negative credit information will remain on the credit report for seven years.
Debt settlement can also result in tax liability. Most creditors will report the forgiven balance to the Internal Revenue Service by issuing the consumer a Form-1099C. The IRS considers forgiven debt to be income in most cases. Therefore, if a creditor forgives $10,000 of debt in the settlement, the consumer will have to pay taxes on the $10,000 at their current marginal tax rate. This does not apply, however, to certain types of forgiven debt such as debt from a mortgage loan associated with a primary residence.
When using a debt settlement company, consumers will usually have to pay a fee to the company for settling the debt with the creditor. This fee may include both a lump sum and a percentage of the debt paid back to the creditors. Many debt settlement companies also have the reputation of being less than reputable, so consumers should always choose a debt selection company carefully.
Debt Settlement Pros and Cons
There are several pros and cons when considering debt settlement as an option to reduce debt. Debt settlement is a measure of last resort and consumers should always take measures to prevent opening credit accounts that they cannot pay back. By completing a credit card comparison, it’s possible to find low cost credit cards that will lower the cost of assuming new debt and help prevent situations where the consumer must resort to debt settlement.