6 Risks of Debt Settlement - Experian (2024)

In this article:

  • 1. Damage to Your Credit
  • 2. Potential Charge-Offs
  • 3. Increased Costs
  • 4. Tax Implications
  • 5. Getting Scammed
  • 6. Debt Settlement Is a Gamble
  • Safer Alternatives to Debt Settlement

Debt settlement can be a way to reduce your debt, but it should be viewed as a last-ditch effort to prevent further harm to your finances. It is considered a risky way to negotiate and lower your debt because it damages your credit score, has tax implications, may not solve your problem and more.

Debt settlement can affect your financial well-being in ways that will last for years—perhaps longer than it would have taken to pay off the debt in the first place. Here are six risks of debt settlement.

1. Damage to Your Credit

The nature of debt settlement is to withhold payments to your creditors while you attempt to negotiate a settlement for less than you owe. You may choose to work with a debt settlement company and have someone negotiate on your behalf. A debt settlement company will collect a payment from you and deposit it into a savings account with plans to use the lump sum to eventually settle your debt.

Withholding debt payments has serious consequences to your credit, however. These withheld payments will be reported to the credit bureaus as missed, damaging your credit scores. Payment history is the biggest factor in calculating your credit score, accounting for 35% of your FICO® Score , the score used by 90% of top lenders. Any derogatory mark in this category can have a proportionately damaging effect.

Late payments can stay on your credit report for up to seven years and affect your credit during that entire time.

Another threat to your score is settling for less than the full amount. Debt settlement may only require you to pay 50% to 80% of the full amount you owe. But when you settle for less, your credit score can drop. Your credit report specifically notes if you settle for less than the full amount, and settled accounts are considered a negative entry because it means the lender took a loss.

2. Potential Charge-Offs

The debt settlement process can take up to three to four years. The more time you spend negotiating a settlement amount and withholding payments, the more likely it becomes that your account could be charged off during the process.

A charge-off is when a creditor closes your account because they do not expect you to pay. These stay on your credit report for seven years from the initial delinquency date, or the date of the first missed payment leading up to the account being written off.

3. Increased Costs

On top of financial penalties associated with debt settlement, you may also face increased costs. Debt settlement companies typically charge 15% to 25% of the amount settled. So even though your settlement amount is less than your debt total, you could still owe an extra chunk of change to the debt settlement company.

Debt settlement companies may also charge you fees for administering the savings account used to save up your settlement amount.

4. Tax Implications

When part of your debt is forgiven during the debt settlement process, this forgiven balance is viewed by the IRS as taxable income. You will owe taxes on the portion of the debt that you do not pay as if you had earned that money. For debts of $600 or more, you will receive a 1099-C from your lender.

5. Getting Scammed

While debt settlement companies may be risky in general, some come with a little more risk than you might expect. Some debt settlement companies may be less than reputable, which can leave you with a high bill and few results. Spot a debt settlement scam by looking for:

  • Large upfront fees, which legally cannot be collected prior to settlement
  • Contact via robocalls
  • Promises to remove negative but accurate information from credit reports

6. Debt Settlement Is a Gamble

There's no guarantee that the debt settlement process will work. You could spend months or years missing payments only to have your debt negotiations turned down. At that point, you may be worse off than when you started.

Safer Alternatives to Debt Settlement

These risks can be avoided if you opt for safer alternatives to debt settlement. Some of these options include:

  • Debt management plan: Credit counseling agencies are generally nonprofit advisors who can help you get back on track financially either by offering budget advice or, if you are deep in debt, starting a debt management plan. With a debt management plan, the counselor will negotiate a payment plan and lower interest rates so you can pay your debts in full, usually over three to five years. Credit counseling agencies typically charge low fees to set up and maintain a debt management plan, such as an initial setup fee of about $30 to $50 and a monthly fee of about $20 to $75. Look for a nonprofit, certified counselor to seek help with your debt and possibly begin a debt management plan.
  • Debt consolidation loan: To save on high-interest credit card bills, you can consider a debt consolidation loan. This is when you take out a loan at a lower rate than what you're paying on your credit cards and use the funds to pay off your cards. You pay back the loan at a lower interest rate and with just one payment instead of many, which saves money and helps with cash flow. However you likely need a good credit score to access a debt consolidation loan, so the sooner you can apply when dealing with debt, the better.
  • Balance transfer card: A balance transfer card is a credit card you can transfer existing balances onto. You will pay a transfer fee of 3% to 5%, but often receive a lower interest rate or even an introductory 0% interest rate if you have a qualifying credit score.
  • Negotiating debt yourself: You can do all the same—and maybe better—debt negotiation tactics that debt settlement companies can yourself. And better yet, you can do it for free. So if you are set on settling debt without working with a debt settlement company, you may be able to save yourself some fees by negotiating yourself.

Choosing a safer alternative to debt settlement can help protect your credit score and get your debts repaid.

Risk Isn't Always Worth the Reward

When it comes to debt settlement, the risk to your financial well-being may not be worth the reward of reducing the debt you owe. Choosing a safer option like a balance transfer card or working on a debt management plan may work best for you.

Start by getting your free credit report from Experian to pin down your debts and begin your repayment journey.

6 Risks of Debt Settlement - Experian (2024)

FAQs

What are the risks of debt settlement? ›

Debt settlement will likely hurt your credit score. You may rack up fees and interest on debts until they're settled, which can take years. You'll pay fees to the debt settlement company. Any forgiven debt is usually taxable.

What is the downside of a debt relief program? ›

Creditors are not legally required to settle for less than you owe. Stopping payments on your bills (as most debt relief companies suggest) will damage your credit score. Debt settlement companies can charge fees. If over $600 is settled, the IRS will view this debt as a taxable income.

Which is a disadvantage of enrolling in a debt settlement program? ›

Drawbacks of Debt Settlement:

Adverse impact on credit score: Post-settlement, re-establishing credit to secure loans or make major purchases can take up to seven years. No guaranteed savings: Creditors aren't mandated to settle, which can lead to legal repercussions or involvement of collection agencies.

What are the disadvantages of credit card settlement? ›

The main disadvantage of credit card settlement is that it can negatively impact your credit score. It may also come with tax implications and may not completely resolve your debt, as you'll likely still owe a percentage of the total amount owed.

What are the pros and cons of debt settlement? ›

Debt settlement pros and cons
ProsCons
Might be able to settle for less than what you oweCreditors might not be willing to negotiate
Pay off debt soonerCould come with fees
Stop calls from collection agenciesCould hurt your credit
Could help you avoid bankruptcyDebt written off might be taxable

Why shouldn't you settle your debt? ›

On top of financial penalties associated with debt settlement, you may also face increased costs. Debt settlement companies typically charge 15% to 25% of the amount settled. So even though your settlement amount is less than your debt total, you could still owe an extra chunk of change to the debt settlement company.

Is debt settlement a good way to go? ›

Credit score impact: Debt settlement can negatively impact your credit score, as settled accounts may be reported as “settled” or “charged-off.” A debt settlement may remain on your credit report for up to seven years. Creditor cooperation: Typically, lenders are unwilling to settle current debts.

Does debt settlement destroy your credit? ›

Debt settlement can eliminate outstanding obligations, but it can negatively impact your credit score. Stronger credit scores may be more significantly impacted by a debt settlement. The best type of debt to settle is a single large obligation that is one to three years past due.

What are the disadvantages of settlement? ›

Disadvantages of Settling a Case

While settling often makes sense, there are disadvantages as well. The biggest disadvantage is that you don't get to have your day in court. For a defendant, this means that the defendant doesn't get a chance to avoid liability.

Can I still use my credit card after debt settlement? ›

The short answer is Yes, people are generally allowed to use their credit cards after debt consolidation as it does not typically involve closing credit card accounts.

Is it better to settle debt or pay in full? ›

Summary: Ultimately, it's better to pay off a debt in full than settle. This will look better on your credit report and help you avoid a lawsuit. If you can't afford to pay off your debt fully, debt settlement is still a good option.

How long does it take to rebuild credit after debt settlement? ›

There is a high probability that you will be affected for a couple of months or even years after settling your debts. However, a debt settlement does not mean that your life needs to stop. You can begin rebuilding your credit score little by little. Your credit score will usually take between 6-24 months to improve.

What happens if debt settlement fails? ›

If you have paid money to a debt settlement or consolidation company and they have not provided any real results, you may be entitled to get your money back.

How long does debt settlement stay on your credit report? ›

An account that was settled remains on your credit report with a status of “settled.” This entry will appear for seven years from the date the account first went delinquent. Like with declaring bankruptcy, this could potentially make it challenging to get approved for obtaining credit for some time.

Can I buy a house after debt settlement? ›

How Long After a Debt Settlement Can You Buy a House? There's no set timeline for how long it takes to get a mortgage after debt settlement. Your ability to qualify for a mortgage will depend on how well you meet the lender's requirements on the issues raised above (credit score, DTI, employment and down payment).

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