Debt Settlement vs. Bankruptcy
Settlement agreements with your lender can be very helpful. However, other forms of debt relief may be more effective than negotiating with your creditors. For instance, in some cases filing for bankruptcy can provide more benefit to a borrower than out-of-court settlements.
If you don’t qualify for bankruptcy, or it doesn’t seem to be the right option for you, debt settlement and relief could provide an alternative route to getting your financial house in order. In some circumstances, debt settlement could ultimately help you rebuild your credit score while avoiding the costs and complexity of going through bankruptcy.
If you are trying to decide whether debt settlement or bankruptcy is the right option for you, your best course of action is to talk to the attorneys at Florida Law Advisers, P.A. Because our lawyers have extensive experience with debt settlement, bankruptcy, and other forms of debt relief and management, we can thoroughly review your specific circumstances, weigh the pros and cons, and advise you about which solution offers the best likelihood of optimal results for you. Consulting with the Orlando debt settlement lawyers at Florida Law Advisers, P.A., is free and completely confidential.
What Is a Debt Settlement Plan?
Under a typical debt settlement plan, the debtor will agree to set aside money in a special savings account each month until the balance is enough to pay the settlement figure the creditor has agreed to. When the agreed-upon figure is paid, the debt is satisfied, and the debtor no longer owes anything on the account.
It is critical to work with a knowledgeable Orlando debt relief attorney like those at Florida Law Advisers, P.A., when setting up a debt settlement plan. Our attorneys are ready to stand up for your rights and interests throughout the process to ensure the plan’s terms are as favorable to you as possible.
What Types of Debt Are Eligible for
Debt Settlement?
Unsecured debts like credit card balances and personal loans could be eligible for debt settlement and relief. “Unsecured” means you didn’t put up any collateral for the debt, such as a car or a house. Other options could be available for dealing with a car loan or a home mortgage. Even though they are unsecured, federal student loans are usually not good candidates for debt settlement agreements.
The best option for finding out whether your debts are a good fit for debt settlement negotiations is to contact Florida Law Advisers, P.A., for a free consultation. Our Orlando debt settlement attorneys can review all of your debts and determine what options you have for building a better tomorrow.
What Are the Debt Collection and Relief Laws in Florida?
Many laws come into play when dealing with debt collection and relief in Florida. For example, debtors receive significant legal protections under the federal Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act. Many other laws could also play a role in debt collection and relief, including consideration of bankruptcy and tax laws, among others.
How Much Will I Have to
Pay Back?
Each creditor will have their own rules for settlement. Many banks are willing to accept as low as 10% of the balance, while others will require a much higher percentage.
The most significant advantage of negotiating with your creditors is the possibility of reducing the amount of money you have to pay back. The amount of money you will be able to save on the debt will vary for each individual creditor. However, it is not uncommon for creditors to reduce the amount you owe by 30 to 80% of the outstanding balance.
Negotiating with creditors can also help with your credit score. If you fall behind on payments or file for bankruptcy, your credit score will take a dive. Bankruptcy can stay on your credit report for up to 7 years and prevent you from getting that new loan or credit card you need. By negotiating with your creditors, you can more quickly pay off your debt and avoid falling behind on the payments, which will help boost your credit score.
Depending on the terms of your agreement, you may have a tax liability for settling with your creditor. In some cases, a creditor will issue a 1099-C, which would require you to pay federal taxes on the amount the creditor lowered your balance. For instance, if, during negotiations, the lender agrees to lower the amount owed from $150,000 to $100,000, the lender may issue you a 1099-C for $50,000. Under this scenario, you may have to pay taxes on the $50,000 you saved on your debt.
Contact Our Orlando Debt Settlement and Relief Attorneys
Regardless of whether you need help negotiating with creditors, consolidating your debt, or filing for bankruptcy, Florida Law Advisers, P.A., can help. Our initial consultation is free, and we offer all our clients flexible payment options.
Contact us today to schedule your free consultation with an Orlando debt relief attorney at Florida Law Advisers, P.A.