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Summary: Settling debt can hurt your credit, but it does less damage than not paying a debt at all. Settled debt will typically stay on your credit for seven years. If you want to settle your debt and be done with it, Solo is here to help.
If you've had a debt go to collections, you already know that even a single charge-off can tank your credit score. You're probably wondering how to get out of debt so that you can work on building your credit back up.
Settling your debt may be the best way forward, but it still comes with negative consequences. Here's a closer look at how debt settlement affects your credit report.
Read our debt settlement guide to learn more about how to settle your debt and save thousands.
A debt settlement is when you resolve a debt for less than its face value. Creditors usually only consider settling a debt when it is seriously delinquent, like if you haven't made a payment in at least three months.
However, a creditor isn't likely to reach out to you to negotiate a settlement. You'll have to ask first.
But how much should you offer to settle the debt? Consider these useful debt settlement facts:
To see how debt settlement works, let's look at an example.
Example: Joey is served lawsuit papers that say he's being sued for $5,000 in old credit card debt. He files an Answer with SoloSuit to avoid a default judgment. Then he gets in touch with the creditor to ask about settling. To start, Joey makes an offer of $2,500. The creditor counters with $3,500, and they ultimately decide on $3,000. Joey makes the payment, and his debt is done.
Are you being sued for a debt? It only takes a few minutes to send an Answer with SoloSuit.
You might have heard that settling debt is bad for your credit. That's true, but other options can be even worse. A settled debt is a red flag for lenders, but it's not as bad as having an active debt in collections or losing a debt lawsuit.
When a debt gets charged off or sent to collections, your credit score takes a hit. A derogatory mark like this will stay on your credit report for seven years (15 U.S. Code § 1679c). Regrettably, this is true whether you pay the charged-off debt in full, settle it or ignore it.
However, depending on what you do after the debt is charged off, you could mitigate some of that credit damage. The charge-off will still be on your credit report, but lenders can see if you took action to sort out your mistake.
Once a debt goes to collections, you generally have three options: pay it in full, settle it or do nothing.
Most people who have had debt go to collections don't have the money to pay it in full. That's usually why the debt went to collections in the first place.
How debt settlement affects your credit report is less important than getting out of debt and moving on. If you can't pay in full but you want to do what you can to limit credit damage, settling the debt can be a good compromise.
SoloSettle simplifies the process of debt settlement. Get started in minutes!
There's another reason you should consider settling charged-off debt instead of ignoring it. Although the Fair Debt Collection Practices Act (FDCPA) (15 U.S. Code §§ 1692-1692p) places limits on when and how often third-party debt collectors can call you, they're infamous for hounding consumers to pay past-due debts.
If a debt collector can't get you to pay an account in collections, they may file a debt lawsuit against you. At this stage, you'll need to file an Answer in order to avoid a default judgment.
A default judgment is when the debt collector wins the case automatically. Once this happens, debt collectors are allowed to use these extreme measures to collect the debt:
Some kinds of income, like Social Security, are exempt from wage garnishment (42 U.S. Code § 407). The good news is that if your wages are garnished, federal and state laws limit the amount of each paycheck the debt collector can take.
If you're getting ready to settle your debt, it helps to have a plan. These tips may increase your chances of negotiating a fair settlement with the debt collector:
Before you reach out with a settlement offer, sit down and look at your finances to determine what you can afford to pay. When in doubt, err on the side of caution. If you offer more than you can reasonably afford to pay, you'll just be setting yourself up for failure.
More often than not, debt collectors and creditors want you to settle debt with a lump sum. A payment plan might be better for your budget, but the debt owner will probably worry that you'll default on the arrangement. Many creditors and collectors don't want to take that risk.
It doesn't hurt to ask for a payment plan, but you should be prepared for them to say no.
You don't need to write an essay, but it can be helpful to inform the debt owner why you haven't been able to pay. This is especially important if you fell behind due to something like a medical crisis or job loss. Creditors and collectors are more likely to settle debt if they understand why you can't pay it in full.
Similarly, it may help to tell the creditor if you're exempt from wage garnishment, if you have limited assets or if you're seriously considering bankruptcy. Creditors know that a settlement makes more financial sense than suing someone who is judgment-proof.
Debt collectors almost never accept the first settlement offer. You should expect a counteroffer going in, so your first offer should be on the lower end of what you can afford.
However, this offer should still be reasonable. Debt collectors might assume you're not serious about settling if your first offer is very low. For instance, offering to settle a $6,000 debt for $2,000 (to start) is relatively reasonable, but offering $200 is not.
Before you make any kind of payment, get a copy of the settlement agreement in writing. This is an extremely important step. A settlement agreement is a legal contract between you and the collector, and it can protect you if problems arise.
For instance, it's not unheard of for debt collectors to accept a settlement and then try to sue for the full amount anyway. If you're unfortunate enough to have this happen, your written settlement agreement can serve as your lawsuit defense.
If you have past-due debt that you can't pay in full, settling your debt might be a good idea. However, before you make an offer to settle, you should consider the following:
Ready to settle your debt? SoloSettle makes it simpler.
Paying your debt in full is generally better for your credit. However, if you can't afford to pay in full, settling your debt is a viable alternative. It will still show up on your credit report, but it's not as bad as ignoring the debt altogether.
That depends on several factors, but in general, debt settlement could lower your credit score by around 100 points. If you had a high credit score before, settling may have a more significant impact. Your debt settlement will stay on your credit report for seven years, but it becomes less impactful over time.
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