Thursday, September 25, 2008

Debt Negotiation

Debt negotiation is the process by which a debtor or third party representative negotiates a credit balance down 50-80%, for the intent of paying in full as per the agreement. Debt negotiations typically occur when a debtor has been late or unable to make payments on a balance due for several months, and the creditor feels this pattern will not change and wants to settle for a lesser amount. Debt negotiations are the last resort a creditor will accept before bankruptcy proceedings for the debtor begin. A good candidate for bankruptcy makes a good candidate for negotiating.

A good candidate for bankruptcy and negotiating is an individual who has mostly unsecured due balances. Unsecured balance is that which has no collateral pledged as security for repaying a debt. On a mortgage loan, a house is pledged as security in the event that the loan is not paid according to written agreement. Bankruptcy candidates are also those debtors that have been late on payments or have stopped making payments altogether to their creditors. Finally bankruptcy candidates are those that have no foreseen income increases in the future, and therefore will not be able to pay off their debts. Thus these people meet the criteria for debt negotiations.

During a negotiating session, if the creditor is aware that the debtor is a bankruptcy candidate they may settle for less than earlier quoted. A creditor would rather get a lower settlement than nothing at all if the bankruptcy proceedings begin. The debtor must getting in writing at the debt negotiation session the terms to which the settlement is to be paid, either in one lump sum, or in a short term payment plan. Once the money is received in full as per debt negotiation written agreement, the balance is considered settled and paid in full. The harassing phone calls will stop, the collection letters will cease, and the debtor can live in peace again, knowing not to make the same mistakes twice.

When negotiating doesn't go so well, or the creditor is not willing to lower the balance to an amount that the debtor can pay off, a third party may be needed. There are services and agencies that will represent the debtor to creditors. Since they have frequent contact with creditors, they may be able to get a better settlement than the debtor can. The debt negotiation settlement agency may request a fee from the debtor for this service, or may take a percentage off of the amount recovered to the creditor as commission for the service. It is a wise choice to have debt negotiations and get the burden of debt settled as quickly as possible. Debtors shouldn't make liars out of themselves and neglect their creditors, but pray that they can keep their promises and pay what is due. "Remove far from me vanity and lies: give me neither poverty nor riches; feed me with food convenient for me" (Proverbs 30:8).

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