Can you negotiate with the original creditor?
In some cases, you may still be able to negotiate repayment directly with your lender. Working with your original creditor instead of a debt collector can be beneficial. However, this approach won't work for everyone.
Even if a debt has passed into collections, you may still be able to pay your original creditor instead of the agency. Contact the creditor's customer service department. You may be able to explain your situation and negotiate a payment plan.
In a Nutshell
If you're able to do so, pay the original creditor before your debt goes to collections. Having a debt sent to collections will damage your credit score and may limit your options for repayment. In most cases, the original creditor will offer better repayment options than a debt collector will.
In some instances of serious financial hardship, your lender or credit card provider may be willing to settle your outstanding balance for less than what you owe — provided you can offer them a large lump-sum payment.
Don't provide personal or sensitive financial information
Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.
After a judgment has been rendered against you, fortunately, you may still be able to get the creditor to agree to allow you to pay less than the total amount owed. This can be done by entering a settlement agreement, in which an attorney can be of great assistance.
Ask for Goodwill Deletions
If you have an excellent credit history, you may be able to get the original creditor or collection agency to remove the derogatory mark as a favor or act of “goodwill.” You'll generally have to pay the collection account off first, though, if you haven't already done so.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
So it's pretty upsetting to learn that yes, in certain circ*mstances debt collectors are within their rights to continue adding fees to your debt after they've purchased it.
So, if you want to bypass a debt collector, contact your original creditor's customer service department and request a payment plan. They may be willing to resume control of your account and put you on a flexible repayment plan.
When should you not pay collection accounts?
It may be good not to pay a collection agency in the following circ*mstances: You don't have any income or assets, and you don't plan to change that. You don't owe that debt. Your plan is to settle the debt for less than what you originally owed.
Ignoring a Debt Collector's Calls and Letters When You're Judgment Proof. If you're not employed or making very little, and you don't have any valuable assets a debt collector can take, you likely don't need to worry about repaying your debts. Debtors like you can ignore creditor calls because you're "judgment proof."
Depending on the situation, debt settlement offers might range from 10% to 50% of what you owe. 1 The creditor then has to decide whether to accept.
Some will only settle for 75-80% of the total amount; others will settle for as a little as 33%. Looking for a place to set the bar? The American Fair Credit Counsel reports the average settlement amount is 48% of the balance. Again, start low, knowing the debt collector will start high.
If your collection agency or creditor chooses to negotiate with you, they will be doing so at their own discretion, which also means that they're within their rights to refuse your settlement offer and demand repayment of the debt in full.
- Check Your Credit Report. ...
- Make Sure the Debt Is Valid. ...
- Know the Statute of Limitations. ...
- Consider Negotiating. ...
- Try to Make the Payments You Owe. ...
- Send a Cease and Desist Letter.
Contact your creditors immediately; don't wait for them to contact you. Even if your payment history is less than perfect, you will still make better arrangements by being forthright. Explain your current situation. Tell them your family income is reduced and you are not able to keep up with your payments.
Debt collectors don't want you to know that you can make them stop calling, they can't do most of what they tell you, payment deadlines are phony, threats are inflated, and they can't find out how much you have in the bank. Furthermore, if you're out of state, they may have no legal recourse to collect.
Offer a Lump-Sum Settlement
Some want 75%–80% of what you owe. Others will take 50%, while others might settle for one-third or less. If you can afford it, proposing a lump-sum settlement is generally the best option—and the one most collectors will readily agree to.
You may be able to negotiate a settlement with the debt collector to allow you to pay off the judgment under better terms. In Limited Civil cases (cases for $35,000 or less), if the other side will not agree to a payment plan, you can ask the judge to order a payment plan.
What percentage should I ask a creditor to settle for after a Judgement?
Original creditors usually expect higher settlements, around 50% to 75% of the total balance, particularly for lump sum payments. Payment plans are an option but often result in paying more over time. It's important to propose a realistic plan based on your budget, without overcommitting to an amount you cannot afford.
A 609 Dispute Letter is often billed as a credit repair secret or legal loophole that forces the credit reporting agencies to remove certain negative information from your credit reports. And if you're willing, you can spend big bucks on templates for these magical dispute letters.
Highlights: Most negative information generally stays on credit reports for 7 years. Bankruptcy stays on your Equifax credit report for 7 to 10 years, depending on the bankruptcy type. Closed accounts paid as agreed stay on your Equifax credit report for up to 10 years.
Debt relief or debt cancellation is the partial or total forgiveness of debt, or the slowing or stopping of debt growth, owed by individuals, corporations, or nations. From antiquity through the 19th century, it refers to domestic debts, in particular agricultural debts and freeing of debt slaves.
The debt trap is a situation where you've been forced to take on more borrowings in order to pay off your existing debts. Eventually, you're stuck in a situation where the debt spirals out of control and exceeds your capacity to pay it off.
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