| |
Though our network of
professionals EliminateYourWorries.com provides you with top notch
Credit Counseling & Debt Settlement advice and the resources you
need to get out of debt quickly and easily. We strive to provide debt
relief so you can worry about the things that really matter.
Frequently
Asked Questions
At EliminateYourWorries.com, we believe in full and honest disclosure
regarding all aspects of our debt settlement program.
The following responses to Frequently Asked Questions are provided to
better assist prospective clients in understanding our service. If you
have additional questions or would like further information, please
don't hesitate to contact us. One of our professional representatives
will be happy to assist you with a FREE no obligation consultation.
Q: What is
a Debt Management Plan
A Debt Management Plan is an individually planned solution to
your financial situation. Each plan is uniquely designed around your
particular financial needs. Our certified financial councilors will
assess your situation and create a plan that provides you with a
workable budget. Our staff will also shop around to find you:
1. Reduced finance charges
2. Help with late payments and charges
3. Affordable monthly payments
Top
Q: How does this program work?
Debt Settlement works by reducing* the balance owed (principal) on your
unsecured personal debt accounts through the time-honored process of
creditor negotiation. This is different from simply reducing the
interest rate as with Debt Consolidation and Credit Counseling, which
do not affect the total debt balance. By reducing* the balance itself,
Debt Settlement provides a much faster means of dealing with your debt.
Most creditors are willing to accept much less than what is owed in
order to close out an account rather than lose the entire amount in a
bankruptcy proceeding. From a business perspective, it is a matter of
the creditor receiving something rather than nothing, as would be the
case in most bankruptcies.
Top
Q: Will this strategy work for me?
While the debt settlement approach is not suitable for everyone, its
flexible nature makes it applicable to a wide range of financial
circumstances. For individuals and families seeking an alternative to
bankruptcy, there is simply no better option to get out of debt. Here
are a few guidelines to help you determine whether or not debt
settlement is something you should consider:
1. Do you have a legitimate financial hardship condition?
Most debt problems are caused by loss of income, medical issues, or
divorce/separation. These are legitimate financial hardships that can
happen to anyone through no fault of their own, and any one of these
situations can wreak havoc on a household budget. The important point
here is that the debt settlement system is not a "free lunch" for
people who don't feel like paying their bills. If you are over your
head due to a hardship circumstance, and you'd prefer to work things
out with your creditors rather than declare bankruptcy, then debt
settlement can provide an honest and ethical debt relief alternative.
2. Are you committed to avoiding bankruptcy?
Debt settlement is best viewed as a bankruptcy alternative, one that
allows you to keep control over the process and maintain privacy while
working through your financial difficulties. As with most things in
life, success is determined by your level of commitment to staying the
course, even when the road gets a little bumpy. If you are likely to
give up at the first rough spot, then debt settlement is probably not
the best choice for you. But if you are determined to avoid bankruptcy,
debt settlement will likely be the most attractive debt solution for
you.
3. Do you owe more than $10,000 in unsecured debt?
We are the first to admit that debt settlement is strong medicine, and
it should be reserved for serious debt problems. While everyone's
budget is different, most people can work their way out of smaller debt
obligations. If you only owe $5,000, for example, unless you are really
in dire straits you can probably deal with that obligation the
old-fashioned way - by paying off the debt in full, over time. In other
words, smaller debt loads are more of a budgeting problem than a
serious financial hardship. We use the benchmark of $10,000 for
evaluating whether or not a prospective client qualifies for our
program.
Top
Q: What happens to my credit?
The effect of our debt settlement program on your credit score will
partly depend on your current credit status before starting the
program. Few people with debt troubles have perfect credit to begin
with. In general, your credit score (usually called the FICO score)
will decline during the program, and will begin to improve again after
you have begun to satisfy your outstanding balances. There are several
key points to bear in mind here. We recommend against applying for new
credit while going through the program. It simply doesn't make sense to
take on new debt while you're trying to tackle your existing debt
problem. So the short-term decline in credit score is rarely a problem
for clients. Also, the credit score itself does not take into account
the debt-to-income ratio, which is used by lenders (especially in the
mortgage industry) to determine whether you qualify for a home or auto
loan. In other words, you can have a high credit score due to a clean
payment history (even though it's been killing you financially to keep
up those payments) and still be denied a new loan because you already
carry too much debt.
Top
Q: What are the tax consequences?
When your creditor settles your debt, a savings of $600 or more off
what you owed may be reported by your creditor to the IRS as Discharge
of Indebtedness income. You may wish to consult your tax advisor to
determine whether your individual circumstances may permit you to
exclude any such Discharge of Indebtedness Income from your reportable
income due to insolvency. For more information on tax ramifications to
you personally, you may also wish to consult a CPA or Tax Attorney, and
to refer to the IRS website www.irs.gov IRS publication 908-
“Bankruptcy Tax Guide” and IRS Form 982, Reduction of Tax
Attributes Due to Discharge of Indebtedness available on the IRS
website.
Top
Q: What about lawsuits?
While creditors have the legal right to bring a lawsuit for non-payment
of a debt obligation, such lawsuits are far less common than most
people think. It costs money to sue someone, and a legal judgment is
simply a piece of paper unless there is a way to collect money against
it. The threat of litigation, on the other hand, is all too common,
even though debt collectors are not supposed to threaten legal action
unless they are specifically authorized to bring suit. In general,
lawsuits can normally be avoided, provided you are willing to work out
suitable arrangements with your creditors through the negotiation
process. Contrary to popular belief, most creditors would rather work
things out amicably in a negotiated settlement than spend more money
taking a customer to court (with no guarantee of being able to collect
on a judgment). That's why thousands of litigation-free settlements are
transacted every month all across the country. Creditors won't admit it
publicly, but our method works much better for them than forcing people
into bankruptcy through overly-aggressive collection techniques. While
we are not a law firm and do not provide legal advice, we do want our
clients to understand that the worst-case scenario is that a client
might be required to pay a debt balance in full in the event of legal
action by a creditor. This is little different from the starting
situation most clients find themselves in.
Top
Q: Can my wages be garnished?
The answer is yes, but if you listen to some debt collectors, you might
be fooled into thinking that they will seize your very next paycheck
unless you make a payment right then and there. The threat of losing
part of one's wages to a garnishment action is truly frightening to
someone already struggling financially. But this is mainly an
intimidation tactic used by collectors to scare people into committing
to a payment schedule whether or not they have the funds available.
Actual garnishment actions do not happen without advance warning.
First, a creditor must bring a lawsuit, obtain a judgment, and then
take an additional step to obtain authorization for the garnishment.
Plus only one creditor can garnish your wages at a time (unless it has
to do with child support, alimony, and such). No one can take your
paycheck without court approval, and you must be given notice of such
court action through formal documentation. So don't be fooled by one of
the oldest collection tricks in the book.
Top
Q: What kind of debt can be negotiated?
As a general rule, any type of unsecured debt can be successfully
negotiated. An unsecured debt is one that is not tied to a specific
material item that could be repossessed by the creditor. So an auto
loan, for example, could not be included because the creditor could
legally repossess the vehicle. Credit card debt, medical bills in
collections, department store cards, signature loans, unsecured lines
of credit, and revolving charge accounts are all types of accounts that
can be included in our program. The main exception here are student
loans, which in most cases are government backed loans that cannot even
be discharged in a bankruptcy proceeding. (Private student loans that
are not sponsored by the government can be included.)
Top
Q: What if a creditor won't negotiate?
In the course of business, we have established contacts with the major
banks, collection agencies, and collection attorneys. Debt settlement
is recognized as a viable solution by collection industry
professionals, and we pride ourselves on the professional reputation we
have established by dealing fairly with creditors. In the rare instance
where a creditor balks at accepting a reasonable settlement at the time
it is proposed, it is often a matter of simply waiting for a different
phase of the collection process. Some creditors are more inclined to
play "hardball" than others, but virtually all of the major
institutions eventually sell their accounts to collection agencies in
order to get what they can for the account. Since the collections
agencies acquire these accounts for pennies on the dollar, they are
more inclined to accept a reasonable settlement offer, which still
represents a profit on their purchase.
Top
Q: Are there debts that can't be entered into the program?
Secured debts cannot be entered into our debt settlement program. This
includes home loans, second or third mortgages, equity lines of credit,
auto loans, and financing contracts tied to a specific piece of
property that may be legally repossessed by the creditor. Federal
student loans, although unsecured, must also be excluded from the
program. In addition, Federal and State taxes cannot be included.
Top
Q: Can I do this myself?
Yes, it is certainly possible for a consumer to negotiate his or her
own debts. However, there are several important factors that should be
taken into consideration before making such a decision. First, do you
have the time? For individuals with serious debt problems, the
complexities of the negotiation process can be very time consuming.
Many people simply do not have the time to add this labor-intensive
task on top of an already busy work schedule. Second, it requires a
certain kind of psychological toughness to haggle with creditors. The
average consumer is hampered by the embarrassment and shame they feel
over having gotten into trouble. With all the tricks, traps, and
pressure tactics used by creditors, most people will find themselves
better off with professional assistance. Third, as with any profession,
there are techniques not easily mastered by an amateur. Without
professional coaching, the likely result will be high-percentage
settlements in the best case, and outright failure in the worst case.
When you consider that the total payout including professional fees
will still be far less than your original balances, it makes more sense
for the average person to obtain debt help.
Top
Q: Who’s the Best for the Job?
There are numerous Credit Counseling Agencies out there. Make
sure you use the right one though or you could find yourself in even
more debt! You need not be paying high fees that you cannot afford or
be caught up by dodgy policies that leave you high-and-dry. The
agencies that offer EliminateYourWorries services have helped millions
over the years.
Top
* Individual results may vary and are based on ability to save funds
and successful completion of all program terms. A Debt Settlement
program does not assume or pay any consumer debts, and does not provide
tax or legal advice. Program not available in all states. Read and
understand all contract terms prior to enrollment.
|
|
|
|