Financial Planning

Debt Arbitration is the industry created around the practice of debt settlement. Debt arbitrators are third-party institutions or individuals that work on behalf of their clients to negotiate out-of-court settlements for old bills, invoices, lawsuits, liens, medical bills, utility bills, judgments, and other types of significant debt. Typically, debt arbitrators are in lieu of credit counseling as a way to avoid bankruptcy. Due to the 2005 bankruptcy law changes, it is almost impossible for businesses to file bankruptcy and walk away from their delinquent debt. As you can see there is an unbelievable opportunity available for someone who is looking for a career change, mother(s) hours, small business or home based opportunity.

Some other names people referrer to Debt Arbitration are: debt settlement, dispute resolution, civil arbitration, and what we at Negotiating For A Living have created “Independent Arbitration”.

Debt Arbitration Process

The major difference between debt arbitration and credit counseling is the fact that debt arbitrators work independently on behalf of their clients, while credit counselors work on behalf of credit card companies. Debt arbitration itself is conducted through something known as debt negotiation. During this process, arbitrators negotiate a lump sum settlement for amounts owed to credit card companies, creditors, IRS/DOR tax obligations and pending litigations – typically, at a significant discount to the actual amount owed. Clients then make more affordable payments to the debt arbitrators to pay off the remaining balance.

Industry Regulation

In the US no states currently require any form of licensing for debt arbitrators; the industry relies on Negotiating For A Living.Com to certify and provide ethical standards to those who train and practice debt arbitration.

Even if you are watchful of your budget, things do happen. Particularly tragic to a household budget is a large, sudden debt, or the loss of income which may hinder your ability to repay.

Debt negotiators may be able to help you come to equitable settlements for your debts.

Professional debt negotiators can work with your creditors to explain the situation and to negotiate on your behalf. Even if your creditors refuse to offer a repayment plan that suits you, don’t jump to the ‘bankruptcy’ mind set. Recent federal laws now require credit counseling before proceeding into bankruptcy. But there are also federal laws to help protect you from unscrupulous collection agencies.

The primary reason creditors may accept a settlement is because it is cost effective for the creditor. The degree of the discount (how much they will forgive) will vary case-by-case; therefore, a creditor will take into account many factors when determining their bottom line on accepting a settlement.

They calculate the probability of recouping the debt; either by a collection agency or via legal action, versus the amount of a settlement offer.

Before they agree to any settlement, they will often consider your income, state of residence, age of the debt, type of debt, and your assets.

Professional negotiators will appeal to your creditors that it is in their best interest to settle the debt.

Major difference between Debt Management and Debt Settlement

Debt Management

In a debt consolidation program, also known as a Debt Management Plan (DMP), the debtor pays back 100% of their debt plus interest. Interest is commonly reduced to the 8% to 10% range. Additionally, most Debt Management Companies have a monthly service fee tacked on to the monthly payment. Most people pay back about 130% of their debt over 5 to 6 year period. Debt Management has a moderate affect on a good credit file and will improve most poor credit files. But, a Certified Debt Arbitrator is qualified to explain both programs to you and will be able to provide you the differences in monthly payments as well as the pros and cons of each program.

Debt Settlement

In a Debt Settlement program, most clients pay back an average of 54% of their total debt, including all agency fees as well as accruing fees and interest. This 54% figure is based on the client’s starting balances.

Debt Settlement has a major impact on good credit but will improve credit for people that are 6 months or more past due. This improvement in credit profile is caused by bringing outstanding balances down to a ZERO balance.

Is debt settlement right for you?

Some consumers get so deep into debt, that bankruptcy seems their only way out before debt takes over their lives. Unlike bankruptcy, debt settlement is a far simpler process in comparison, and has less of a ‘stigma’ attached to it.

Difficulties meeting our obligations, especially our financial obligations place a tremendous amount of stress on ourselves. There are many reactions to stressful situations, but the reaction we must have toward debt is to eliminate it.

How do we eliminate debt? The most conventional way is to make our monthly payments until all of the principal and interest are paid up. Many people are able to this because they are not only organized but also because nothing has happened in their lives to create a financial disadvantage.

What happens when someone suffers a financial set back? This is when stress sets in and our world seems to turn upside down. We must collect ourselves and think of a plan to follow and execute it. Most people star thinking about bankruptcy at the earliest signs of debt delinquency. For many, this may be the right choice, a choice we should make only once we have sat down with council and decide it this is the best way to go.

For others, there are options. One of the best options to eliminate debt is to negotiate settlements on unsecured credit card debt. Many have saved thousands of dollars by following certain procedures to do so. Many have negotiated their own debt with out the help of debt settlement agencies. This process is called Do It Yourself Debt Negotiation and it is the best way to eliminate personal debt.

Creditors and collectors prefer to deal with the person who owes the debt as opposed to dealing with a debt settlement company, they are more inclined to offer the client higher savings directly. This is fast becoming the best way to eliminate personal debt. Information is readily available in the form of articles, books, training courses, etc.. all geared towards helping individuals negotiate their own debt.

Negotiating your own debt is not hard, like I mentioned before there are certain procedures to do so and they must be followed. Many coaching programs have become popular due to their pricing and availability. This is the other side of the coin when it comes to some of the most expensive debt settlement programs where many of the complaints seem to stem from the inability of such programs to stay in touch with their clients. With a Do It Yourself Program it is always there.

When we talk about eliminating debt obviously it means paying part of our debts back to our creditors, that is why we call it a negotiation that ends up in a settlement. Most credit companies are happy to talk settlement when accounts are past 90 days delinquency. Why is this? At this point in time the creditor has given up on the hope of making an arrangement with the client to pay the full amount owed back. Between 90 and 180 days is the best time to settle an account with the original creditor and get the best savings possible. Savings anywhere from 40 to sometimes 70 cents on the dollar can be seem in many cases here. It is a good idea for a person with unsecured credit card debt to think about this option to help relieve stress and save hundreds if not thousands of dollars along the way.

The art of negotiating can be applied to anything, many of us are expert negotiators and we do not even know it. When we go out and buy the car of our dreams, we negotiate on its color, tires, stereo and much more. When we buy a house we use the art of negotiation, we look for a discount on the price to pay. It is exactly the same idea behind negotiating delinquent unsecured debt. No program or negotiation company has re-invented the wheel, there is nothing new to how negotiations took place a thousand years ago or how they are done today. The only thing that must be kept in mind is to know about what you are negotiating on. Before buying a car we buy a million magazines and get informed, before buying the house we talk to many different sources. We get informed. The same must be done before we decide to reach settlements on our unsecured debt.

Many debt relief programs are presented in a complex way, it does not have to be that way. Most of us are confused with the rules set up by many of the companies handling these programs. Debt negotiation is quite simple if you have the time. Most of us can save ourselves a huge amount of money if we take our time to get informed. It is true there are many laws to follow when negotiating unsecured debt, but these laws are easily accessible on the internet. Again, most of us would just require time to negotiate or own debt. All of the money paid out front to debt relief agencies is a waste, any money paid in between is a waste also. The only time we should pay any of these agencies is when a settlement is reached on any of our accounts because they actually took the time out to negotiate on it. Why should we pay any money out before anything is actually done?

Keep this in mind. If anyone stops making the regular monthly payments to their creditors the interest rates will go up, late fees and penalties will continue to accumulate until the account is brought back to a current status, we pay our debt in full or we reach a settlement on the amount owed. In the case of a settlement we will be agreeing to pay back a part of the money owed after we have accrued late fees and penalties. If this is the case, why do most debt relief programs place us further into debt by charging us retainer and maintenance fees that do absolutely nothing to help us get out of our debt?

Same as when we buy that new car or that home, we need to research our best options when it comes to finding the help we need to lessen our debt load. Debt settlement programs are not presented properly most of the time, many important details are left out so that prospective clients are not scared off right off the bat. The truth is money can be saved by negotiating unsecured debt, what is often not told are the possibilities of wage garnishment, having property attached to, lawsuits, etc.. If we are behind on our payments with out the advise of a debt relief agency debt negotiation is probably the best alternative, keep in mind the amounts of accounts settled is dictated by how fast funds can be accumulated for settlements.

Negotiations are dictated by funds available, no one will ever settle any account if money is not being set aside. Keep in mind the amount being negotiated on. We cannot set aside $200 a month on $25,000 worth of debt and expect to reach settlements on all accounts, this will be financial suicide. We must set realistic goals, most people usually save anywhere from 40 to 50% off their total debt if all the conditions are met, especially having the funds to settle when the offers come along. Do not be lured by false promises from companies that have nothing to lose on your behalf and get informed before making a decision.

I recently had the privilege of discussing credit card counseling with a local banker. Among the things he mentioned one of them stood out in the report. After review it became know that people in debt are seeking credit counseling programs to seek debt relief.

The problem however is the long time frame associated with the programs. The monthly payments remain the same as well causing the same issue to arise being the strain of the monthly payments on household budgets. Many people have even enrolled in CCCS programs paid the fees and then dropped out. This is where the problem lies.

Ethics should come into play in this scenario. When dealing with an indebted consumer many credit card counseling companies act like debt collecting sharks to gain enrollments. Pushing the consumer by pointing out the non-profit status of the company to enroll in the program. After this shaky enrollment process they deduct the first monthly payment that goes entirely to fees for the service.

If the next month the client fails to make a payment there is no follow up done to see why. The reason being that the credit counseling company is paid for and sponsored by the credit card companies themselves. The IRS has done much research into the non-profit CCCS programs but have had little success with completely eradicating predatory credit counselors. Additionally the credit counseling firm is paid a “fair share” usually between 7-12% of the debt directly back to the credit counseling agency.

Consult with a banker or an attorney to see if credit counseling or debt settlement is best for your financial needs.