what is a debt relief agency or attorney

by Camilla Gislason 5 min read

Representing clients in cases against debt collectors is a form of consumer law, the branch dedicated to protecting consumers against unfair trade and credit practices. Debt lawyer negotiate deals with creditors, handle lawsuits from credit card companies and other lenders and, when a client’s finances are beyond repair, file for bankruptcy.

Section 101(12A) defines the term debt relief agency to be any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110.

Full Answer

Do debt relief agencies really work?

Feb 15, 2017 · Debt settlement companies, also sometimes called "debt relief" or "debt adjusting" companies, often claim they can negotiate with your creditors to reduce the amount you owe. Consider all of your options, including working with a nonprofit credit counselor, and negotiating directly with the creditor or debt collector yourself .

How to find a legitimate debt relief company?

What is the difference between a Debt Relief Agency and how does it relate to bankruptcy cases in California?

What is the best company for debt relief?

The definition of “Debt Relief Agency” specifically includes bankruptcy petition preparers and attorneys, although the requirement that attorneys become debt relief agencies is controversial and has been the subject of court rulings, which have differed. The term “Debt Relief Agency” specifically excludes:

Should I use a debt relief company?

The attorney can help you figure out if you really should try to settle your debts or whether you should do something else, like file for bankruptcy, for example. A debt settlement company will probably just try to convince you to hire it to settle the debts. An …

image

What happens when you use a debt relief company?

Working with a debt settlement company may lead to a creditor filing a debt collection lawsuit against you. Unless the debt settlement company settles all or most of your debts, the built up penalties and fees on the unsettled debts may wipe out any savings the debt settlement company achieves on the debts it settles.Feb 15, 2017

Is it good to use a debt relief company?

Using a debt relief company can help you manage your debt and avoid pesky interest fees. The best debt relief companies provide a path out of debt that could result in you paying less than what you owe. The strategy they use is also frequently referred to as “debt settlement” for this reason.

Who can negotiate debt for me?

When you talk to the debt collector, explain your financial situation. You may have more room to negotiate with a debt collector than you did with the original creditor. It can also help to work through a credit counselor or attorney. Record your agreement.Mar 29, 2019

How long does debt consolidation stay on your credit report?

seven yearsDebt settlement can cause your credit score to fall by more than 100 points, and it stays on your credit report for seven years. If your creditors close accounts as part of the settlement process, this can cause your credit utilization to increase, which also negatively affects your credit score.Jun 10, 2021

How can I get out of debt without paying?

Ask for a raise at work or move to a higher-paying job, if you can. Get a side-hustle. Start to sell valuable things, like furniture or expensive jewelry, to cover the outstanding debt. Ask for assistance: Contact your lenders and creditors and ask about lowering your monthly payment, interest rate or both.Sep 2, 2021

What happens if a debt collector won't negotiate?

If the collection agency refuses your settlement offer, consider contacting the original creditor of the debt. This is possible only if the original creditor still owns the debt and hired the collection agency to collect on its behalf.

What should you not say to debt collectors?

What Not to Do When a Debt Collector CallsDon't Give a Collector Your Personal Financial Information. ... Don't Make a "Good Faith" Payment. ... Don't Make Promises or Admit the Debt is Valid. ... Don't Lose Your Temper.

How much do debt collectors settle for?

Typical debt settlement offers range from 10% to 50% of what you owe. The longer you allow debt to go unpaid, the greater your risk of being sued. Creditors are under no obligation to reduce your debt, even if you are working with a reputable debt settlement company.

How Debt Settlement Companies Work

Debt settlement companies often claim that they’ll be able to talk your creditors into settling your unsecured debts for pennies on the dollar. If...

Why Hiring A Lawyer Might Be A Good Idea

If you think you need help settling your debts or are unsure about whether negotiating settlements is a good idea, a skilled attorney can provide y...

You Can Settle Your Debts on Your Own

You can arrange a debt settlement yourself. If you are certain that you want to settle your debts rather than filing bankruptcy or some other optio...