If you owe money that you haven’t paid, chances are, the phone calls and collection letters haven’t ceased, either. There is no secret and no magic to do-it-yourself negotiation with a creditor. In fact, it’s pretty simple: You offer the creditor something today, rather than nothing today, or maybe something tomorrow. But before you do that, there are a few limitations you should know about, starting with the kind of debt you have.
All of these strategies mainly only work for unsecured debt, like credit cards. For secured debt your leverage is pretty weak. If you’re behind on a mortgage, and call the lender and say “Hey, I’ll pay you $100,000 of the $300,000 I owe as payment in full,” they’ll say “Ha! Funny, no,” and foreclose. Same with a car, boat, airplane.
So, settling a debt for less than you owe will be noted on your credit report. And if you are to that point, chances are your credit score is already lousy, because you’ve been avoiding payment on these accounts for a while. And it is going to look worse, at least for a while, because you will have accounts marked as settled for less than agreed. It’s not as bad as a bankruptcy, perhaps not as bad as a foreclosure or repossession, but it is still a big black mark.
Collection Agency
Okay, so let’s say you owe some bank $10,000 in credit card debt. You haven’t made a payment in a year and a half. They sell your debt to a collection agency for 5 cents on the dollar. You call the collection agency and say, ‘I’ll pay you $2,500 today to settle this debt’. For them, that’s a 400% profit on their money. For you, it is a way to get that debt off your back for a lot less than you owe. Everybody’s happy. Most of the time, they’ll take 25, 30, 50 cents on the dollar.
Think about it from the collection agency’s perspective. The agency bought your account for pennies on the dollar. So even a reasonable lump sum payment from you is a great return on its investment. What you are offering is money today instead of a chance at money someday, and maybe never. That’s the whole strategy. It’s also why this often works best once a bad debt has been sold to a collection agency: the agency has a lot less money invested in your account than the original lender did.
If you owe multiple creditors, you can offer each of them the money you have saved up as settlement on your account with them. If they refuse, then you simply tell them that you will instead be offering that amount to your next creditor. (And then do it.)
A few caveats.
- First, this isn’t going to work if you make a lot of money and have a big net worth. If that’s really the case, you should probably just pay it off and get over it.
- Second, never provide a collector with a direct connection to a checking account. Debt collectors can just wipe the account out, apply it to the debt and still return to collect the balance.
- Third, get it in writing (email is fine) that the collector will accept the amount as payment in full. Save that letter/email for the rest of your life, because sometimes collectors like to come back and try to collect again.
Worth Less than What You Owe
In other cases, there is a secured debt, but it’s worth less than what you owe. For example, let’s say you owe $300,000 on a house worth $250,000, and maybe worth $200,000 once the lender has to fix it up and sell it. You really have a secured debt of $200,000 and an unsecured debt of $100,000. Maybe you can settle for $220,000 if you can persuade the lender that you won’t be making payments, which you can do by not making them for a few months. You can also use this to get rid of additional interest, fees, etc. Often a lender will agree to forget penalties and interest if you agree to make the payments current.
A student loan lender might even be willing to settle some of your debt if they feel the other option is they will get nothing. And that goes for many of the debts that might be owed by a failing business. All the creditor wants to know is if what you are offering is better than what the creditor is likely to get if the creditor says “no”. Government creditors aren’t always off limits. The IRS for example, will settle debts all the time, despite the fact that they can garnish your paycheck. If their only alternative is zero any time soon, and your credit is probably wrecked anyway, you have the leverage.
Not a One-shot Deal
No, this is not a one-shot deal. You may have to call back several times over the course of weeks or months. It will not be fun. But then neither are those calls and letters from collection agencies. And it’s not rocket science, either.
Put simply, you are offering money today, rather than maybe nothing tomorrow. Focus on unsecured debt, accept that your credit score will take a (hopefully temporary) beating, don’t let them touch your bank account, and put it all in writing before you send a dime. Then continue making those phone calls until all of that debt is gone.
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.