Posts Tagged ‘Debtor’

Is Debt Settlement a Good Idea?

Sunday, February 27th, 2011


Debt settlement is a very good idea for individuals who are having difficulties with overwhelming credit cards debts that never do seem to go away. The idea of this program is a very positive alternative for individuals who do are having difficulty with their debts, but do not wish to experience a bankruptcy which has a drastic impact on one’s credit report.

If you are unable to pay your bills and declare a bankruptcy, the court which you declare your bankruptcy through will impose restrictions on your finances. The restrictions will be very invasive and limit what you are able to do financially. Consequently, settling financial obligations is a much better alternative. In this situation, an individual, lawyer, or a company representing the debtor will negotiate with the creditor in order to lower the amount owed to a more manageable amount.

Creditors are willing to do so because if they allow for the consumer to declare bankruptcy, they would stand to loose as much as the entire amount owed. It is typical for settlements to decrease debt amounts by as much as fifty percent. The creditor will take a slight loss, but they are more willing to loss half of the owed amount than all of it.

In addition, the creditor is able to claim the amount of forgiven debt for a nice tax break at the end of the year. Settlements allow for the debtor to be able to pay the remainder amount within three to five years. The company usually charges a fee that is based on a percentage of the amount of money that is forgiven by the creditors. With all of the positive effects, settlement is definitely a good idea for consumers and creditors alike.

By the way, by researching and comparing the best debt settlement services in the market, you will be able to determine the one that meet your specific financial situation. Nonetheless, it is advisable going with a trusted and reputable debt counselor before making any decision, this way you will save time through specialized advise coming from a seasoned debt advisor and money by getting better results in a shorter span of time.

By: Hector Milla

Debt Resolution

Tuesday, February 15th, 2011


Debt resolution refers to debt settlement. Settlement involves a debt reduction where a borrower and lender agree on a reduced balance. This is regarded as payment and can either be partial or in full. Settlement of a debt can also be referred to as debt negotiation or debt arbitration.

A debtor can make his or her own arrangements to settle a debt or can hire a lawyer to act on his or her behalf. Debtors also have the option of settling their debts through companies that offer such services. These companies may charge a certain amount up front or take monthly fee from the debtors account.

A borrower who is facing a lawsuit because of defaulting can hire a debt settlement company to negotiate with the creditors on behalf on his or her behalf. The company will always try to convince the creditors to reduce the debt in exchange for regular payments .This is beneficial to the borrower because through the company, the overall debt can be lowered and at the same time, he or she will have ample time to repay the company.

Debt resolution serves various purposes. First, it protects the borrower from lawsuits. It also damages the scores in the credit report of the borrower thus raising his or her credibility as a borrower. When it comes to lending, creditors normally use a credit report to asses an applicant. Settling a debt also protects a borrower from tax related consequences. Debt settlement also helps to clear one of all debts so that he or she can concentrate on things such as investment.

By: Mercy Maranga

Debt Collection Protection

Monday, February 14th, 2011


People that are in debt are often scared of debt collectors, but in fact (unless you have borrowed money from a loan shark or the criminal underworld) they have very little to worry about. Debt collection protection laws exist in many countries (certainly in the UK) and actually give very little power to the debt collector and a lot of protection to the debtor.

The best idea if you are experiencing problems with debt collectors is to seek qualified advice since the range of rules per country/state are very complicated and depend on many factors. There are some general principles that apply to most debt collection protection laws:

1. Debt collection agencies are not allowed to harass debtors. Activities that constitute harassment vary from place to place but would typically include calling too frequently or at unusual hours.

2. Revealing the debtors situation to other people (employers etc.). Debt collection agencies are supposed to take all reasonable steps to ensure that their actions do not alert other people to the debtors situation. This would include speaking to your boss at work or someone that lives in your home.

3. Using abusive language. Deb collection agents have to deal with you in a professional manner. Petty insults and bad language are not tolerated.

4. Misrepresenting their powers or actions that they are going to take. Unfortunately debt collection agents will frequently imply that they are going to take money direct from your employer if you don’t agree to pay them. This is completely untrue and illegal since they cannot do this without further legal action.

5. A debt collection agent that visits your home has no right to speak to you and no right to enter your home. In the UK it is only bailiffs that can sometimes do this, and even they have no right to force entry into your home in most cases.

6. I’m not sure whether this last point is against the rules (this site is only based on my personal experience) but beware of debt collection agents that try to get you to stop/reduce priority debt payments (mortgage, rent, food, tax, fines) to be able to pay them some money. Some will try because they don’t really care what trouble you get into.

If you feel that any debt collection agent that you speak to has broken the rules then your first action (other than getting some professional debt advice) should be to write a letter to the collection agency involved stating what they have done and that you know that it is illegal. This will stop the activity in most cases, but if it does not then you really do need to get some qualified free debt advice.

By: Neil Douglas-Campbell