Debts That Settlement Can’t Fix

by guest on May 12, 2010

If you owe  student loans, back taxes or some other type of debts, you need to be aware that they cannot vanish into a debt settlement plan. Debt settlement  is a process of negotiating with creditors to accept payment that is less than the full amount of the debt owed, typically between 20% and 75% of what you owe — the creditor forgives the rest of your debt and starts reporting it to the credit bureaus as settled. This article published at bankrate  highlights some of these debts.

When you’re drowning in debt and dodging creditors, a debt settlement plan with one low monthly payment to a single creditor sounds like a dream solution. But some debts won’t go into that settlement bucket.

Here are some of those debts and what you can do about them.

Utility bills
Are you behind on a utility bill? In many instances, a call to your electric, gas, phone or water company might help.
“Typically, utility companies and local taxing entities will work out a payment plan and will let you pay it off on a monthly basis,” says Gail Cunningham of the National Foundation for Credit Counseling in Silver Spring, Md.

Student loans
If you’re trying to catch up on your college loans, the D-word is deferment, not debt settlement.
“Of all the different types of debt, (student loans) are fairly flexible to work with,” says Jessica Cecere, the president of the Consumer Credit Counseling Service of Palm Beach County and the Treasure Coast in Florida. “Payment plans on student loans can (be extended) for years — 30 years or more.”
But rarely are student loans forgiven, according to Bankrate’s Debt Adviser, Steve Bucci. So, Cecere says, eventually you’ll have to pay. “At some point, you can’t defer anymore,” she says.

The Internal Revenue Service
Your tax debts can’t go into a settlement plan. If you owe taxes but can’t pay the full amount, there are other ways to fulfill your government obligation. “You can apply to pay them over time,” Cecere says. “That’s something you have to be in contact with them about. You will pay interest. But if you don’t pay the IRS, they can garnish your wages.”

You also may be able to settle with the IRS. “It’s called an ‘offer in compromise,'” Cecere says. “You meet with an IRS representative and say, ‘There’s no way I can pay all this. What can we work out?'”
Even if the IRS makes the deal, you’ll have to pay taxes on the amount of debt that’s forgiven, Cunningham says.

Child support and alimony
Child support and alimony are legal, court-ordered obligations even if your checking account is empty. In some states, such as Florida, the court can take your driver’s license away for nonpayment, Cecere says. If you can’t pay, there is an answer. “Go to court. Document that you can’t pay,” she says.

 Secured Debt/Loan
You likely wouldn’t use debt settlement to make your car payment; mortgage or other secured debt, because those creditors don’t need a settlement plan. They can simply take your car or home, Cecere says.

“You need to take care of those things — your car, your house. Credit card bills are important, but if you have to choose between paying your Visa bill or making your house payment, you should make your house payment,” Cecere says.

For all debt, the key is communication. “It’s important to call and say, ‘I can’t make this payment. I’d like to work something out,'” Cecere says. “All they can say is no.”

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{ 9 comments… read them below or add one }

Lakita | Personal Finance Journey May 12, 2010 at 10:42 am

Very informative! I didn’t know you could lose your driver’s license over child support. I’m all for taking measures to collect child support, but I don’t see how removing a license is productive. Having a car makes it easier to get to work and therefore earn the money to pay child support.

I suppose this is a last resort for those “dead beat dads” that are not working, coming to court, or otherwise unresponsive.

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Joe May 13, 2010 at 7:03 am

@ Lakita i too would presume that taking the driver’s license from the child support defaulters would be the last resort.
Thanks for stopping by!

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Stacy May 13, 2010 at 8:29 am

This is a well needed article and I appreciate the information given! I definitely will recommend this particular post to my family and friends.

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Torrey May 13, 2010 at 5:15 pm

Thanks for posting this articles as many people will purposely let certain bills go into collection to settle for less than originally owed.

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Arthur @ Financialbondage.org May 25, 2010 at 4:29 pm

good post.

I agree, taking someones driving ability away means they cant get to work. then you know they cant pay child support then.

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