How to Settle a Debt in Kansas

Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

When you reach a debt settlement agreement in Kansas ^^

Summary: If you are dealing with a debt lawsuit in Kansas, you can reach out to negotiate a debt settlement offer at any stage of the lawsuit process. First, file your Answer to the lawsuit, then send a settlement offer, and finally, get your agreement in writing when it is reached. SoloSettle can help you negotiate your own debt settlement offer and settle your Kansas debt fast.

Being in debt can feel like a pit in your stomach that never goes away. The situation can worsen if your creditor, or debt collectors, contact you multiple times a day or take you to court. Even when things get to this point, debt settlement is a viable option you can use to salvage your financial situation.

Debt settlement occurs when you offer to pay off a debt to a creditor for less than the original amount. In some situations, the creditor can also approach you when they perceive you may not pay the debt at all—after you miss several months of payment.

In this article, we will discuss how to settle a debt in Kansas by making the first move to ask for a settlement, even after you have been sued. We will also give you other helpful tips to ensure the entire process is successful.

Sued for debt in Kansas? Respond to the lawsuit in minutes.

Follow these three steps to settle a debt in Kansas

Settling a debt in Kansas is made possible because of various laws that support consumers and creditors who want to save a small margin of their revenue. Debt settlement gives you relief from debt and often aids companies close accounts that will help maintain or improve their overall lending profile.

Having numerous open debt accounts is a turn-off for investors, which is why companies go to the extent of suing you for debt. The following are the steps to take for settling a debt when you have a pending debt collection case—skip to step two if you do not have a lawsuit:

Respond to the debt lawsuit with an Answer.
Make a settlement offer to open up negotiations.
Get the settlement agreement in writing.

Below, we explore each of these steps further. Alternatively, you can watch this video to learn more about how to settle your debt:

1. Respond to the debt lawsuit with an Answer

Responding to the lawsuit is a mandatory process if you want to avoid getting into trouble with the courts. It is also for your benefit because failing to send an Answer may lead to the creditor receiving a default judgment. They may obtain permission to garnish your wages, put a lien on your property, or access your bank account.

A Complaint document is usually the first part to work on in the lawsuit. It lists all the allegations the creditor has against you. Kansas laws allow you to answer using three responses; admit, deny, or deny for lack of knowledge.

Next, there is a section for giving your affirmative defenses. These reasons can help you in case the matter proceeds to court. Research what you can include as your defenses or use SoloSuit’s Answer, which you can customize to your circumstances and case.

Kansas Statutes 60-212 (A) (i) gives you 21 days to file an Answer with the courts. Be sure to file before the deadline to give yourself time to work out a debt settlement agreement without worrying about losing by default judgment.

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2. Make a settlement offer to open up negotiations

Once you file the Answer on time, plan on how to approach the creditor or collection agency for negotiations toward debt settlement. A do-it-yourself approach is effective if you have excellent negotiation skills or you can hire a reputable debt settlement company.

First, calculate how much you have and are willing to use for settlement. You can use the money you have saved for this task or start saving a portion of your income every month until you reach the amount fit for settlement. To ensure you save the most, cut back on expenses you do not need and only remain with the necessities. Other avenues for getting money for settlement are dividends, investment maturity, or a gift.

Next, investigate how much the creditor might accept for settlement. You want to avoid initiating negotiations while having a tiny percentage of what they may take. For instance, if you are dealing directly with the original creditor, they may accept a settlement offer of 40%–80% of the original amount. If the debt was sold to a collection agency, they might accept an offer between 10%–60%.

On average, debts settle at 50%. So if you can reach a settlement in that range, consider yourself in good shape. The best strategy is to begin the negotiations at a lower rate because the creditor will counter the offer several times.

SoloSettle takes care of the debt settlement negotiation process for you.

3. Get the settlement agreement in writing

The Consumer Financial Protection Bureau has received multiple consumer complaints against various creditors and collection agencies that promised to clear their debt after a settlement, but they went back on their word.

To avoid this situation, ask for a written settlement agreement. Ensure all the essential details are included to safeguard your interests. Here is a debt settlement agreement sample to give you an idea of what it entails.

Let's look at Harriet’s example to illustrate what we have covered.

Example: Harriet received a debt collection lawsuit from CreditOne Collections for failing to pay $8,200 debt. The allegations were primarily true, but she denied some to give CreditOne the task of proving their case if the matter proceeded to court. However, she preferred to settle the debt out of court with money she got from her dad’s estate. Harriet used SoloSettle to send an offer, beginning the negotiations at $2,460 (30%). CreditOne welcomed the settlement offer, but they wanted $7,360 (90%). After several negotiation efforts, they settled for $5,330 (65%). SoloSettle helped Harriet get the agreement in writing and make the payment, and CreditOne withdrew the case.

SoloSettle is the easiest way to settle your debt

SoloSetle helps consumers negotiate with creditors and debt collectors to reach a debt settlement deal. It makes negotiations easy by giving you a structured process that factors in all the settlement requirements. The web-app drafts settlement offers for you and protects you from the deception debt collectors use to get more money.

Additionally, SoloSettle includes the legal language needed to protect your rights when communicating with the creditor. After you reach an agreement, SoloSettle manages the documentation and secures your financial information during the settlement payment process.

Settle your debt in Kansas with SoloSettle’s help.

Not convinced? Check out this review from a real SoloSettle customer:

“I'm very thankful for SoloSettle.. Having a third party negotiate the settlement was instrumental in resolving this case and saved me from two giant headaches: 1) I didn't have to deal with the plaintiff's lawyer and 2) I didn't have to go to court. I also love that the payment was processed through SoloSettle. I was nervous about sharing my personal financial data with the other side, but SoloSettle protected that for me. I hope I never get sued again, but if I do, I would use SoloSettle again in a heartbeat.”

Kansas debt settlement laws can protect you

In addition to the Fair Debt Collection Practices Act, Kansas has enacted other laws to protect consumers from unfair business practices from creditors, collection agencies, and settlement companies. These laws are found under the Kansas Fair Debt Collection Practices (Kan. Stat. § 21-6502 to 21-6503) and Kansas Consumers Protection Act (KSA 50-1121). The guidelines state that debt settlement companies should not:

Fail to give enough information to help you make an informed debt settlement choice.
Engage in deceptive and misleading practices when providing debt settlement services.
Ask for payments before they get a written debt settlement with the creditor.

If a debt settlement company violates these laws, you can report them to the Kansas attorney general's office under the Kansas Consumer Protection Division.

Additionally, the Federal Trade Commission has recently amended the Telemarketing Sales Rule to expand debt settlement regulations to all debt relief organizations and companies. All 50 states, including Kansas, are governed by this Rule as it relates to debt settlement practice.

Under the new Rule, any company that provides debt relief services, namely debt settlement companies, cannot:

Charge upfront fees. Debt settlement companies cannot collect any fees from a consumer before the debt has been effectively settled or otherwise resolved.
Fail to disclose certain information about its services before a consumer enrolls in the program. This includes how much the service costs, how long it takes to see results, how much money must be saved before a settlement offer is made, consequences that may occur if the consumer fails to make payments on time, customer’s rights, and other important terms.
Misrepresent their services. No false or unsubstantiated claims can be made regarding a debt settlement company’s services.

What’s the best debt settlement company?

Finding a legitimate debt settlement company that doesn't exploit or scam consumers is relatively hard. Once you identify the one you want to work with, check their Better Business Bureau profile and if they are among those that are banned from operating by the Fair Trade Commission. The following are four companies you can consider working with:

SoloSettle: This tool is superior because you can settle a debt of any amount, unlike other settlement companies that want to work with higher debt values. SoloSuit is a trusted company that has helped thousands of consumers in debt situations.
Pacific Debt Relief: Having an A+ BBB rating, pacific debt relief helps consumers mainly settle credit card and personal debt.
Freedom Debt Relief: This company offers a free consultation with a debt specialist to devise a plan to work on your debt.
New Era Debt Solutions: This company gives you a free debt analysis and will help you choose the best debt settlement plan.

Choose the best method to contact the debt collector

It is challenging to communicate with debt collectors because they want to control the conversation. You will have to persevere in the first conversation to get them to agree to settle. The process will be easier if you use a debt settlement company instead.

Here are the three main ways to discuss settlement with debt collectors in Kansas:

Phone: Talking over the phone is not the best method because you may need hard evidence of the settlement agreement. Luckily, Kansas Statutes §21-6101 establishes Kansas as a one-party consent state, meaning you can record the conversation as the consenting party.

Mail: This method allows you to think through your response once you receive a reply. It also enables you to obtain written proof in case the creditor wants to go back on their word.

Email: This is the ideal method for discussing settlement because it is instantaneous, and you have a complete record of the discussion. Additionally, you can reach an agreement quickly.

How to get debt relief in Kansas

Aside from debt settlement, you can deal with your debt situation using other debt management plans, including debt consolidation and bankruptcy. To assist you in exploring other options, this link takes you to a complete guide for debt relief in Kansas. You'll find actionable information and organizations that can help you get out of debt.

FAQs on debt settlement in Kansas

How do I eliminate debt using Kansas debt settlement programs?

Debt settlement programs help you eliminate debt by:

Assessing your current debt situation
Coming up with a plan to eliminate the most pressing debt
Directing you on how to save money for making a settlement offer
Approaching the settlement company and giving them an offer
Negotiating on your behalf until they get a favorable deal

How much do debt settlement companies charge in Kansas?

Debt settlement companies' charges vary. Generally, they either charge a percentage of the total debt or the amount they saved you—the range varies from 8% to 35%. Other factors they consider are the time they will spend on your case and the amount they intend to offer the creditor.

Is settling debt in Kansas legal?

Yes, debt settlement is legal in Kansas if done by a licensed debt settlement company or law firm. Research well before hiring any company to handle your debt situation. If in doubt, call the Kansas attorney general's office, and they'll direct you to the proper division to consult.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

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Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

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If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

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State debt collection laws

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Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

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"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather