It can be somewhat scary and intimidating to approach your creditors to negotiate a reduction, extension, or some other type of debt repayment plan. However, if you follow a few simple steps, the debt settlement process can be very straightforward and reap considerable rewards.
The key to success when negotiating a debt settlement with your creditors is to have clear objectives, be organized, and document everything. There are several books you can find at the library that make it even easier by providing sample form letters you can use to communicate with creditors, as well as help you document all the steps you take. Be sure to keep a copy of whatever you end up sending to creditors.
Most of the forms are pretty self explanatory, but you need to remember to fill in the creditors name and address where appropriate and sign your name at the bottom, along with the address that appears on your statements. Also, remember to include your email and phone number if you are requesting a response back from the creditor.
It is better to get written acceptance of any proposed change in payment terms, such as a renegotiated pay off amount or change in timing or payment amounts, before you send any money. This ensures that you and the creditor are clearly communicating and are on the same page as far as expectations from both parties.
However, in some situations, you can settle a debt for less than the amount you owe, even if the creditor doesn't agree to it beforehand. In this case, you can send a check with your letter if you dispute the amount owed but haven't reached an agreement, or if you just want the creditor to accept less than what you owe. This can be accomplished by including a statement in your letter indicating that cashing the check constitutes payment in full and releases all further claims to your account.
If you follow these steps, and your creditor cashes your check after you stated it signifies payment in full, the law says you won't owe any more money. However in practicality, if you have not received agreement in advance from your creditor, they might still insist you owe them money. This means you could still receive collection calls and your credit report won't reflect your debt as paid. If this happens to you, you may want to hire a lawyer to make the creditor comply
In general, you will be required to state reasons why you need to negotiate either new payment terms or debt relief. Creditors tend to consider making favorable changes under these circumstances: negative change in job situation, a large or unexpected tax bill, financial distress due to a divorce, a medical condition causing temporary or permanent disability, and inadequate medical insurance following a major injury or illness. This doesn't mean they won't consider other circumstances - you just need to ask.
Most of us don't want to deal with the daunting and potentially embarrassing task of negotiating a debt settlement with creditors. But the debt negotiation process is pretty straightforward and simple if you keep good records and focus on the results. Be clear on what you want and communicate it effectively. As the saying goes, it never hurts to ask and chances are you can take steps to positively impact your current situation.
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