It really depends on the circumstances as to which option will work better. Get a consult and go over the details and the options, consequences and expectations of each option so that you can make an informed choice. If you have no funds to offer as a settlement and no means to get some it's a bit pointless to talk much about settlement. I'm frequently asked about debt settlement and when I ask the person can you come up with even 30% of the total amount you owe, if the answer is all I have is $20 in the bank account and don't have any assets I could sell to get some money or a friend/family member willing to gift or lend me anything then I have to say that settlement is not possible. If there is some funds, then the question is if all creditors are willing to play along and what % they are willing to take. The only way to find out is to make the offers and start negotiating. Settlement involves paying some % of what is owed. Generally speaking 60% is very doable, anything below that it depends on the creditor and the borrower actually because someone who has a job and lives in a home they own is someone from whom it's easier to extract money through involuntary means (garnishments, levy, liens) after getting a judgment. Whereas someone who rarely holds a job, rents, and drives a beater or owns no car - it's very hard to collect from that person. A smart creditor studies the situation of the borrower in determining what is a reasonable amount for them to take. There is also credit consolidation, which is helpful to some, but again without knowing the details (the devil is in the details): your income, household size and reasonable and necessary living expenses, your assets, specifically how much is "too much" credit card debt and specifically what is the "less income" it's hard to figure out anything. You can see for example if someone has $20K in credit card debt but has income of $80K/year, which was reduced from $150K, a significant adjustment to their previous lifestyle, may still be able to tighten up their belt and come up with a payment plan whereas someone with same amount of debt but making $30K/year is basically living pay check to pay check without any disposable income available to offer any type of payment. Going back to the $80K in income, if that person is supporting a spouse and 4 children, then $80K isn't all that much and of course this also depends on where the borrower resides, certainly housing and other living costs vary from location to location. While you may be able to rent a 1 bedroom apartment for $800 in some places, in others you can't even get a studio for less than $1,400. So any particular number by itself means little. Sit down with a local attorney and go over the details. No point in procrastinating, I'm assuming the situation is not getting any better. Having too much debt is certainly not a pleasant experience and it would be nice if the problem just went away by itself but often that isn't the case and we have to take stock, make some decisions, and follow through.
Answered on Apr 27th, 2015 at 7:23 AM