Have you seen the ads for debt settlement or debt relief companies on YouTube, on Twitter, on Facebook? Look up anything about debts, and they pop up. All shiny and happy, making promises. But are they legitimate? Or are they scams? One debt lawyer, who has worked with hundreds of clients who have passed through these programs, says that all these companies are doing is selling hope, at a very high price. Here’s why you should know that before signing with one.
They Promise Hope
They promise to settle your debts for pennies on the dollar, and instead of paying each creditor, you make one monthly payment to them. They claim that they put your money into a “client trust account” and use that to pay off your debts. At the end of the day you are debt free and you saved thousands over paying off the debts in full. They promise hope, relief, and a bright future. It’s a beautiful picture, and it almost sounds too good to be true. The reality is quite different, with many hidden pitfalls.
The first problem is the cost. One company tried to settle each debt at 75% of the balance and their fee was 25% of the total amount of the debt enrolled. Settlements plus fees got you at 100% of what you owed. Plus, the fee was based on the amount of your debt, not the amount they save you.
The second problem is your credit. These companies tell you to quit paying on your debts so they can settle them. Now your credit starts to plummet, and for many people it goes all the way down to the 400s, lower than what would happen with a bankruptcy. And it won’t recover until you get the debt paid or give up and file a bankruptcy. You are essentially destroying your good credit to obtain a discount on business debts.
The third problem is how the fees are taken. Sometimes you will see the “fine print” in the contract allows the company to pay itself its entire fee of, say, 25% of the entire balance of all of your debts once the company settles a single one of your debts. In other words, it cherry picks the smallest debt, settles that one, and then pays itself before it even settles another debt.
So, you have $20,000 of debt. The smallest bit is a $1,000 credit card debt. The company takes $400 a month from you, and the first two months of payments it uses to settle the $1,000 credit card. Then it takes the next $5,000 you pay it as its own fee. That is more than a year of payments going straight to the company, and none to any of your other creditors. During that year those creditors are getting more and more angry, and may eventually sue you.
The fourth problem is the creditors who will not deal with them. Some credit cards won’t work with debt settlement companies. These companies don’t tell you this, in most cases. You find it out when Discover or American Express files a lawsuit against you, several months after you started using (and paying several thousand dollars to) the company. In theory the company is supposed to help you with lawsuits, but in practice it most of the time won’t. You get a judgment against you, which can result in garnishments and bank levies.
The fifth problem is what happens to your mail. With these companies, the client signs a limited power of attorney at the time that he or she signs up for this service. The power of attorney instructs creditors to send all their bills, collection letters, pre-lawsuit information to the company instead of the client, and this makes the client think that everything is fine and his or her debts are being addressed. Often it just hides the problem. So while Discover and American Express, for example, may be getting ready to sue the client for non-payment, his or her credit score may be plummeting, and the client will not know about any of it until he or she is served with a summons and complaint.
That same lawyer has met with hundreds of clients who were failed by debt settlement or debt relief companies. Those clients have lost hundreds of thousands of dollars in fees and payments alone. Some of these companies have even been sued and shut down by the Minnesota Attorney General’s Office for fraudulent practices.
Company You Are Talking to Is Legit
So, how do you tell if the business debt settlement company you are talking to is legit? This is what you have to ask yourself: Are these people selling me hope? Or are they giving me an honest plan of action that is going to get me somewhere? Where this thing fails is with the contract, or better yet, what the contract is not telling you. Before you sign, read the contract. Ask yourself: What is the amount they are going to settle for and what is the fee they are charging? Do the two together equal the total debt? How does the company take its fee? What will happen to my credit rating when I stop paying my creditors? What creditors will not work with the settlement company? Who will take the calls and help me if I get sued? Where are the bills and lawsuits going to be sent? If the answers aren’t clear, don’t sign.
About Delancey Street
Delancey Street is a premier, and award winning, business debt settlement company that helps business owners nationwide. Our goal is simple: help you escape debt in a safe and legal manner. Based out of New York, we can help in 49 of 50 states. We tell you how it is; because your business and future is on the line.