If your business has ever had a bank account levied by a creditor, you know exactly how it feels. You login to make payroll (or pay taxes, whatever) and poof! No Money. It’s a literal gut punch. The first thing a lot of owners think is, “freeze in panic!” or “start writing checks to whoever is collecting” and of course neither helps.
But ignoring the debt isn’t going to make it go away, either. The balance continues to grow. Instead of sticking your head in the sand, or simply throwing cash at the problem, arm yourself with knowledge. Armed with the right information, you might even be able to settle for less than the balance.
To get started, you need to know exactly what the debt is. First, ask the collector for their name and contact information. Find out who the creditor is, what the original debt amount was, and the current balance. If the collector purchased the debt, ask who they purchased it from. Also, inquire about what extra charges, if any, have been added to the original amount due. Did the amount of money go up after the collector took over? Was it because of fees or interest? Next, get your credit reports and personal records out. That information can help you figure out if the debt is yours or not.
It’s also a good idea to investigate the statute of limitations for the debt. The statute of limitations is the amount of time a collector has to sue you for unpaid debt. Each state has a different timeframe for how long debts can be collected on. When the statute has passed, the collector can’t take legal action to obtain the debt and the only way they’ll get their money is if you volunteer to pay it.
If you did owe the money, it’s time to ask if you have a good reason to pay. You shouldn’t make any payment just because the collector says so. This all depends on your situation. The primary reasons would be because of a pending lawsuit, or because a lender has said you can’t get the loan you need unless you pay off the balance.
If you determine you do have a good reason to pay, then it’s time to figure out how much you can pay. The debt collector has no power to tell you how much you can afford to pay. Only you can decide that. If you can’t afford the full amount, you may still be able to work out a settlement on the balance. Often collectors are willing to negotiate and will take as little as 30% to 50% of the balance due.
Try to make it a lump-sum, as opposed to a payment plan. The lump-sum will resolve the matter quicker, and the creditor is often more willing to negotiate in that case because of the immediate repayment. If you accept any kind of payment plan, it has to be one that you can manage. Don’t agree to any payment that you can’t afford. If you don’t pay the agreed amount, you may restart the statute of limitations and add another seven years of negative impact to your credit report.
Expect pressure. The collection agent may tell you something along the lines of “I’ll accept half the balance owed, but you have to pay before the end of the week or we will ask for the entire amount.” Don’t be intimidated and don’t rush. Think it over. Sleep on it. Never cave in to pressure tactics. One of the most common mistakes is that people agree to pay more than they can afford simply because they’re pressured. You should never agree to pay any balance if you don’t know how you’ll pay it back.
Instead, be upfront and consistent. Explain your hardship and when you think it might end. Tell the collector the exact amount you are able to pay and when you can pay it. If you’re truly facing a financial hardship and this is all the money you have, then say it. If the collector is stubborn, stay polite but don’t back down. Your offer probably won’t be accepted at first, but after a few calls you may get a more amenable agent. Resolutions to debt challenges don’t come overnight. Be patient and keep your cool.
Be sure to take notes every time you speak with the collector. This is one of the most important things you can do to protect yourself. Just grab a notebook and write down the name and phone number of the collector, along with the date and time of the call. Write down the full names of who you spoke with, the duration of the call, what you discussed, any threats of legal action or other consequences, and the general tone of the call. If a collector ever violates your rights under the Fair Debt Collection Practices Act (FDCPA), document that too.
If you’re behind on a bill but it hasn’t been turned over to a collection agency, it might be better to contact the creditor directly. Call them up and try to work something out. That way you can avoid having the debt sent to collections in the first place. You can avoid any additional harm to your credit, and the creditor itself might agree to give you a chance to rehabilitate the account. If you explain your hardship and request some assistance, you may be offered additional payment arrangements.
Agreeing to the payment amount and arrangement are fine, but don’t send any payments until your terms are documented in writing. Get the agreement in writing so you can verify that it contains the right information and you have something to rely on later, say if the collector double-bills you or doesn’t correctly note the account as settled on your credit reports. The collector should clearly agree to accept your lump sum payment in exchange for settling your debt in full. The letter or email doesn’t have to be fancy, but it should state that the agreed-upon amount will be considered “payment in full” for the account, and that it also should include the agreed-upon payment amount and the date that the payment is due.
Once you have the agreement, send a payment you can track, such as a certified check or cashier’s check, and use certified mail and request a return receipt. That way you will have a record that the collector accepted your money, in case it needs to be proven later. Keep copies of the agreement, the proof of payment and any future account updates.
Settling can have consequences. Paying less than the full balance owed can hurt your credit score, and you may even owe income tax on the forgiven amount. Generally, the IRS counts canceled debt as taxable income unless an exception or exclusion applies. If a creditor cancels $600 or more, it may file Form 1099-C with the IRS and send you a copy. Even if you don’t get the form, you may have to report the canceled debt on your taxes. So before you enter a debt settlement agreement, understand that you may have to pay some taxes. So really, there is no such thing as a free lunch.
Non-profit Credit Counseling
Do-it-yourself isn’t for everyone. Maybe you negotiated a bad deal in the past, you have too many accounts to address, or you simply don’t have enough money to settle. You can always consult a non-profit credit counseling organization, who can help you get organized and tackle your debts step by step. A counselor can help you compare a debt management plan, creditor hardship programs, debt consolidation and bankruptcy.
Bankruptcy is worth looking at before you get to the point that you’re counting on it. Creditors are usually more likely to settle if they think you’re considering bankruptcy. But bankruptcy doesn’t benefit everyone. Chapter 7 bankruptcy can wipe away most of your unsecured debt, but you have to meet certain income requirements, and it leaves a stain on your credit reports for 10 years. Chapter 13 bankruptcy is a repayment plan managed by a bankruptcy court trustee. It can allow you to pay off debt over the course of three to five years and retain your property while you pay.
Whatever you do, don’t let a collector make you a deal you can’t handle. Your negotiations will only hurt you if you promise to make payments you can’t afford.
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.