Depending on the situation, debt settlement offers only a percentage of what you owe, an average about 48% but in some cases, you may owe up to 80%.
They always will offer a settlement price below what is owed, so as a rule, most will take half or better if you are a good negotiator, but it depends on how old debt is in the end. The older, the less the collection company paid for it.
Some collectors want 75%–80% of what you owe. Others will take 50%, while others might settle for one-third or less. So, it makes sense to start low with your first offer and see what happens. And be aware that some collectors won't accept anything less than the total debt amount.
Typically, debt collectors will only pursue legal action when the amount owed is in excess of $5,000, but they can sue for less. “If they do sue, you need to show up at court,” says Lewis-Parks.
It's crucial to understand that the Fair Debt Collection Practices Act doesn't specify a minimum debt amount for lawsuits. This means even smaller debts, including those from balance transfer credit cards, could potentially lead to legal action.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
A reasonable settlement offer is one that includes medical expenses, lost wages, pain and suffering, and property damage. While it varies from case to case, an experienced personal injury lawyers can help you find a reasonable amount for your case.
In some cases, you may be able to settle for much less than that 50.7% average. Collectors holding old debts may be willing to settle for 20% or even less. The statute of limitations clock starts from the date the debt first became delinquent.
So, if you've fallen behind on payments, it's crucial to address the situation head-on as soon as possible. In general, paying off your credit card debt in full is the optimal solution that preserves your credit score and history.
Your full and final settlement should offer equal amounts to each creditor. For example: Your lump sum is 75% of your total debt. You should offer each creditor 75% of what you owe them.
There's no standard amount or specific percentage a debt collector may settle for because several variables come into play. The amount you settle for could depend on your financial situation and the age of the debt. Also, policies vary among debt collection agencies.
"Every creditor is different. Some creditors will accept pennies on the dollar, others will not settle for less than 80% in a lump sum payment," says Jessika Arce Graham, partner at Weiss Serota Helfman Cole + Bierman.
“Offering 25%-50% of the total debt as a lump sum payment may be acceptable. The actual percentage may vary depending on the circumstances of the borrower as well as the prevailing practices of that particular collection agency.” One benefit of negotiating settlement terms is likely to reduce stress.
When it comes to credit card debt relief, it's important to dispel a common misconception: There are no government-sponsored programs specifically designed to eliminate credit card debt. So, you should be wary of any offers claiming to represent such government initiatives, as they may be misleading or fraudulent.
In a Nutshell
Though there's no set timeline, you can expect legal action after six months of nonpayment. While there are no guarantees, you're less likely to be sued if you owe less than $2,000.
Most companies are willing to settle for 30 to 50 percent of the total debt. I was able to settle on the mid-to-upper end of that range. Be aware that settling a debt for less than the full amount can negatively impact your credit score, but that's temporary—it will begin rebounding after six months to two years.
Normally, the best-case scenario is that the compensation will amount to three to six months' gross salary. Generally, you will be in a stronger position to obtain a higher settlement if: You have been employed for two or more years' continuously; You have been dismissed from your employment or resigned; and.
If your foundation is settling into the soil beneath it, experts consider anything more than 1 inch for every 20 feet as too much.
Your Least Acceptable Agreement is the minimum you need before walking away. It is the minimum you are willing to accept, and so forms one of the outside parameters of your negotiating envelope.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
Paying an old collection debt can actually lower your credit score temporarily. That's because it re-ages the account, making it more recent again. This can hurt more than help in the short term. Even after it's paid, the negative status of “paid collection” will continue damaging your score for years.