Negotiating A Debt Settlement
by Brian O'Connell

It's a common scenario in the debt-collection world:you find yourself saddled with credit card debts or medical bills you can't get out from under. When a debt-collection agency comes calling, it will pull out all the scare tactics needed to put you on the defensive - and make you to pay up, no matter what your hardship. The truth, however, is that while bill collectors are full of bluster, they lack real legal muscle.

What does this mean for you? Options. Whether you negotiate for yourself or opt to hire a professional debt negotiator, there are more options than you might think for surviving this experience without sacrificing your financial future. Even if you owe a lot, a creditor will almost always settle for something over nothing when it comes to payment of outstanding debt. So take your time, recognize that you do have some power, and use it wisely. (Learn how to use debt wisely in Define Your Personal Debt Redline to help avoid getting in over your head.)


Negotiating With Collectors
Negotiating your own debt settlement is a viable option for many people. Here are some tips to consider for dealing with creditors. (Read Seven Tips For The Do-It-Yourself Debt Manager for more information.)

Prioritize your bills. No matter what a debt collector insists, that unpaid credit card bill is probably not your No.1 priority this month. Always consider the fundamentals - rent or mortgage, feeding yourself and your kids - before you start handing money over. There's no point trying to appease one creditor if it means putting yourself in the bad graces of others, or jeopardizing your ability to keep earning more. (Learn how to get a grip on credit card debt in A Lifeline For Those Drowning In Debt and Expert Tips For Cutting Credit Card Debt.)

Keep records of each interaction. Note the date and the details of every phone call (and in general, avoid the phone in favor of written communication). Copy and save any letters you receive or send out and, when you've come to a payment agreement, be sure to outline it on paper, sign it and save copies, just like a contract or formal agreement. Never send money until you have a written agreement in hand.

Drive a hard bargain.Estimate how much you can actually afford to pay, and offer less (a relatively common baseline is 25% of your actual debt, though this does vary). Don't be surprised to get angry or outright rude phone calls and threatening letters. No matter what a debt collector says, keep cool and stay focused on the negotiation. The more in control you appear, the more likely you are to achieve your desired outcome.

Hiring a Debt Negotiator
If confronting your lender isn't your style, you might want to hire a debt negotiator; just know going in what each side can expect from the partnership. (A credit counselor can also help you manage your debt. Read How To Find A Credit Counselor for more information.)

Make your selection carefully.  Be cautious, especially of those telephone calls or emails that arrive out of the blue from debt negotiators offering their services. Reputable credit and debt professionals usually rely on past clients for referrals, so they don't need to solicit your business through television, telemarketing or spam emails. Interview several agencies before making a choice, and don't be afraid to ask around for recommendations. Also, ask for a clear presentation - in writing - of the fees you will be charged and what they're based on. As a rule of thumb, debt negotiators are paid on commission - if they save you 40% on an overdue bill, they may charge anywhere from 10- 20% of your total debt. Monthly fees vary according to state law, which the agency should be able to explain. Ask yourself this question: When you add up the fees, does an agency make sense for you, or will it merely add to existing debts? 



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