Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.

Select the type of Lawyer you need
How to settle credit card debt?
I owe almost $45,000 on several credit cards. I can’t pay that much, not on my salary and with my other expenses. I’ll declare bankruptcy if I have to, but I’d prefer to settle the credit card so I can pay off a lower amount and avoid bankruptcy. How do I do that?
All Debt Settlement Litigation Questions & Advice
Can I cancel my debt settlement program if I plan on filing for bankruptcy instead?
If I start using a debt settlement program, does that prevent me filing for bankruptcy later? Or can I cancel my debt settlement program if I plan on...How do I find an honest debt settlement company to work with?
There are so many debt settlement companies out there. How can I tell which ones are reputable?How long does debt settlement appear on credit history?
I’m looking into debt settlement as an option for dealing with some very large debts I’m having trouble with. If I do this, how long will it app...How to settle a medical bill?
I’m self-employed, so I didn’t have health insurance when I was in an automobile accident. Months and several operations later, I owe over $25...How to settle credit card debt?
I owe almost $45,000 on several credit cards. I can’t pay that much, not on my salary and with my other expenses. I’ll declare bankruptcy if I...How to settle on car payments?
I am a retired firefighter in Cook County, Illinois. My only income is a combination of Social Security and my pension. I financed a car in 2007, ...How to settle student loans?
I’m being overwhelmed by my student loans? How can I settle them for less than what I owe?How to settle with a collection agency?
Please help me. I’m getting called at home and at work by a collections agency. They are trying to collect on a debt from a store credit card th...How to settle with the IRS?
I owe around $20,000 to the IRS for underpaying income taxes for three years. I was self-employed and didn’t understand how to figure out exactl...Is it possible to be sued while in a debt settlement program?
I’ve in a debt settlement program and am working with a debt settlement company? Meanwhile, the creditor has just sent me papers starting a lawsui...Will debt settlement ruin my chances at getting a new job?
I am trying to work out a settlement with my credit card company. I owe them around $15,000 and want to settle for less because I’ve been out of w...This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Answers
A common misconception is that there is something difficult, tricky, or overly “legalistic” about settling credit debt. The truth is, it’s something you can do yourself, though having an experienced negotiator (see below in your corner) can help. That’s the good news.
The bad news is that there is no “right” to debt settlement—it is purely voluntary on the part of the lender(s). You can and should try it, but there is no guarantee you’ll be able to.
In debt settlement, you offer the lender some fraction or percentage of what you owe as payment in full. The more you offer, the more credible and likely to be accepted your offer will be. You also need to demonstrate to the lender that you are experiencing financial hardship and that your offer is the most they can reasonably expect to recover. Essentially, you want the calculus to be this: “If I, the lender, sue them for the full amount, I’ll have to spend money on the lawsuit—and still probably won’t recover more than I’m being offered anyway.”
So making as a good an offer as possible, while showing why that’s as good as possible, is the basics of debt settlement. You can, as noted, do it yourself, by contacting your lender. You could also have someone help you negotiate with them, but be careful—very careful—of debt settlement companies. Many of them charge high fees for doing nothing that you couldn’t do yourself.
If you do want advice and an advocate, you’re better off going to an attorney, such as a bankruptcy attorney, for help. Most lawyers are experienced negotiators; they know what your legal rights are; they can advise you as to whether you should in fact be considering bankruptcy; and they are also bound by their professional ethics to put your interests first.
Good luck.
References:
Posted by Steven Sweig on 26 Apr 2010
3people found this useful
(5 Votes)