A Guide to Evaluating Debt Settlement Company Risks

Debt settlement often sounds like an appealing option if you’re struggling with debt. But are these programs all they claim to be? Often, the answer is no. Learn why debt settlement companies pose a variety of risks and what you can do instead to manage your debt.

Debt settlement companies promise quick solutions, reduced balances, and help with avoiding bankruptcy. And in some cases, you’ll get what’s promised. However, many of these programs create additional financial problems for consumers who already feel overwhelmed.

Before signing any agreement, it is important to understand how debt settlement works and what risks may come with it.

How Debt Settlement Companies Usually Operate

Debt settlement companies typically try to negotiate with creditors to accept less than the full amount owed. In many programs, the company tells clients to stop making payments to creditors and instead send money into a separate account while negotiations take place.

The idea sounds appealing to many people who struggle with large credit card balances or collection accounts. However, the process does not always go as smoothly as advertisements suggest.

Not every creditor agrees to settle debts. Some creditors may continue collection efforts or even file lawsuits while negotiations remain ongoing.

During this time, interest charges and late fees may continue growing on unpaid accounts.

Credit Damage Often Becomes Part of the Process

One of the biggest surprises for many consumers is the impact debt settlement can have on credit reports.

When someone stops paying creditors during the settlement process, missed payments usually appear on their credit history. Accounts may become delinquent or charged off before any settlement agreement happens.

For some individuals, this creates additional financial stress. People sometimes enter debt settlement programs hoping to improve their financial situation quickly, only to find themselves dealing with:

• Collection calls
• Lawsuits
• Growing balances
• Damaged credit
• Pressure from multiple creditors

Debt settlement also does not guarantee every account will settle successfully.

Fees and Tax Consequences May Create Additional Problems

Some debt settlement companies charge substantial fees for their services. Consumers should carefully review any contract before agreeing to a program.

In certain situations, forgiven debt may also create possible tax consequences. The IRS sometimes treats canceled debt as taxable income, although exceptions may apply depending on the circumstances.

Many consumers do not realize these issues until after they have already enrolled in a settlement program.

It is also important to understand that debt settlement companies cannot provide the same legal protections that bankruptcy may offer. For example, debt settlement does not automatically stop lawsuits, wage garnishments, or collection activity in the way bankruptcy often can.

Comparing Debt Settlement to Other Debt Relief Options

Debt settlement represents only one possible approach to dealing with financial problems. Depending on the situation, other solutions may make more sense.

Some people benefit from:

• Direct negotiation with creditors
• Debt consolidation
• Credit counseling
• Chapter 7 bankruptcy
• Chapter 13 bankruptcy

The right option depends on several factors, including income, assets, debt amount, and the type of financial hardship involved.

People facing serious debt problems often feel pressure to act quickly. Unfortunately, rushing into a debt settlement agreement without fully understanding the risks can sometimes make the situation harder to resolve later.

Why Speaking With an Attorney Can Help

Many people feel alone in dealing with their debt. They feel embarrassed and don’t want to share their struggles with anyone. The situation worsens when collection calls and financial pressure begin.

Speaking with a bankruptcy attorney may help you better understand whether debt settlement, bankruptcy, or another form of relief fits your situation. An attorney can also help you identify potential risks before you commit to a program.

At the Law Offices of Robert M. Geller, we work with individuals and families throughout the Tampa area who are trying to regain control of their finances. Contact us to schedule a consultation to discuss your debt load.