Debt Settlement Pros and Cons

What is debt settlement?

“Debt settlement is the process of negotiating with creditors to reduce the outstanding balance on debt, making it more manageable for the borrower,” explained Stanley Tate, a lawyer specializing in student loan debt.

You — or a third-party debt settlement company — negotiate an agreement that allows you to pay back your creditors less than you owe. Typically, creditors are willing to work with individuals who are behind on their bills because it demonstrates financial hardship. Creditors might be less willing to negotiate down your debt if you are already making on-time payments.

The majority of the debt relief companies we reviewed require enrolled clients to stop making all payments to their creditors so a lump-sum settlement can be reached. This method can help reduce your debt load, but it will also hurt your credit score, since on-time payments make up a large percentage of your score.

» MORE: What is debt settlement?

How debt settlement works

The debt settlement process itself is fairly simple, but the specific steps will vary depending on the method you choose. There are two ways to pursue debt settlement: on your own or through a debt settlement company.

Debt settlement on your own

If you choose to negotiate debt on your own, you’ll need to prove you are experiencing financial hardship. An account over 90 days past due is usually one sign you are struggling to pay your bills. You will then need to contact your creditors directly when you are ready to settle; most creditors will want to settle for a lump-sum amount.

Debt settlement through a debt settlement company

With a debt settlement company, the process looks similar, but the company works on your behalf to negotiate with the creditors. You will be required to stop paying your creditors and instead make a monthly payment to a separate account that the debt relief company can use for lump-sum payoffs. Ideally, your debt relief company will also negotiate the removal of late fees by creditors.

Some debt settlement companies charge high fees, which can negate the cost of savings on your debt. One ConsumerAffairs reviewer based in Utah said: “Many delays and hidden fees. Net savings over original debt is minimal and credit rating is destroyed long term.”

» MORE: Do I need a debt settlement lawyer?

Pros and cons of debt settlement

Debt settlement is not a cure-all debt solution that should be rushed into. We recommend using debt settlement as a last resort if you are otherwise in danger of bankruptcy.

While debt settlement can reduce your debt burden and help you regain control of your finances, there are serious credit score and tax implications. Additionally, there is the possibility your creditor will sue you for payment or sell your debt to an aggressive third-party debt collector.

Another important note is that if you go the route of debt settlement, the debt settlement company will likely have you stop payments while they negotiate with the creditors. Accumulating interest and late fees could actually cause your debt to grow during negotiations. Deciding whether this risk is worth it depends on exactly how much you owe and your financial situation.

Weigh the pros and cons carefully before deciding if debt settlement is the right move.

Debt settlement costs

While going with a debt settlement company may seem costly, the question is whether the potential for a lower debt and having an expert negotiate on your behalf offsets the potential cost.

“In a DIY approach, borrowers handle the negotiation process themselves, which can be time-consuming and challenging without prior experience,” said Tate.

Debt settlement fees range from 15% to 25% of your enrolled debt, and your specific fee percentage is determined by the state you live in. We have seen companies charge as high as 30% for services.

Thankfully, these companies cannot charge you any fees until the debt is settled. While this is a relief for those who cannot pay the fee upfront, it can eat into your debt repayment savings.

For example, if you hire a debt relief company to help you with your $20,000 debt load, it might look like this:

• Original debt: $20,000
• Settled debt agreement: $10,000
• 25% fee owed to debt relief company: $5,000
• Total debt savings went from 50% to 25% after fees

It is also important to note that many companies require a minimum debt amount of $7,500 to $15,000 to enroll in services.

» MORE: Debt relief programs: pros and cons

Alternatives to debt settlement

There are several alternatives to settling your debt. The best option for you will be based on your unique financial situation. The following are some other options to consider:

• Debt management plan: A debt management plan is a program where you work with a credit counseling agency to create a payment plan to pay off your debts. The agency will work with your creditors to negotiate lower interest rates and fees.
• Debt consolidation: Debt consolidation involves moving all your existing debts into one loan or credit card to simplify your payments and potentially lower your interest rate.
• Debt forgiveness: Debt forgiveness is when a creditor cancels a borrower’s owed balance, usually when the borrower has suffered an insurmountable financial hardship. It’s fairly uncommon but can be a lifeline if you’re eligible.
• Filing bankruptcy: If your debts are simply too unmanageable, you can consider filing bankruptcy. This should be an absolute last resort and only be considered if your creditors are unwilling to negotiate.

» MORE: Debt consolidation vs. debt settlement

FAQ

Bottom line

If you’re considering debt settlement, it’s important you first take stock of your financial situation to determine if it is the best approach for you. Weigh the pros and cons and consider the alternatives before making any decision.

One ConsumerAffairs reviewer commented on how much relief working with a debt settlement company brought her. Ruthy from Florida said: “I was in a bad way; my bills were choking the life out of me. When I got off the phone with [the debt settlement company] I felt a weight being lifted off of me. For once I knew that I was able to be debt-free, and it's not going to take long. I have a date! I am so grateful.”