How to Get Out of an Ineffective Debt Settlement Agreement

Getting out of an ineffective debt settlement agreement is possible, according to the terms of the agreement. In general, many debt settlement companies do make it difficult for individuals to get out of the agreement especially when the company automatically withdraws the funds from the individual's financial accounts. With the aid of an attorney, it is possible to get debt relief from this type of settlement offer.

Debt Settlement Agreements

The terms of the debt settlement agreement determine the route that individuals must take to break the contract. Individuals should be aware of these rules if the individual read the contract and agreed to it at the time of signing the contract.

There are several potential ways to get out of such an agreement.

  • The terms of the contract may outline the specific route to take to break the contract. This is normally part of any legally binding contract. If not, the contract may specifically state what occurs if the contract is broken by one or both parties.
  • If the debt settlement company has not fulfilled its promises as agreed upon in the contract, this may nullify the contract. In order to go this route, the individual needs to have proof that the debt settlement was ineffective in some way. One example may be that the debt settlement company failed to pay down the debt according to the stated methods.
  • In some situations, just not paying the debt settlement company may void the contract. In some cases, the debt settlement company will come after the individual through legal action.

In other situations, the debt settlement company may simply agree to let the individual out of the agreement or to modify the plan to make it more effective to the individual. The only way this is likely is if the individual approaches the debt settlement company and requests it.

There is no guarantee that debt relief will occur with any debt settlement process. In some situations, an ineffective debt settlement may occur through no fault of any party.

Hiring An Attorney

In all situations, it is best to hire an attorney to provide representation. If the company determines that filing a lawsuit over breach of contract is likely to produce results, the company may do so. In situations like this, it becomes very helpful to have an attorney. An attorney will provide guidance on how to break the contract and how to prove the ineffectiveness of the contract.

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