Professional Debt Settlement
In order to work with a debt settlement company, a consumer needs lump sum cash (best scenario), or needs to build up enough funds over pre-determined period of time. For consumers who have no cash to make a lump sum settlement offer, debt settlement companies set up a third party "trust" account where funds accumulate for the settlement process. A legitimate company will use a Federal Deposit Insurance Corporation-insured trust account. Once enough funds are built up the negotiation process can begin with each creditor individually. Trust accounts, also known as "special purpose accounts," are often held by a bank, and managed by a bank agent (who charges a monthly maintenance fee). Accounts can also be held by creditors, or may be sold to collections agency for an average of $0.15 on the dollar, in which case debt can still be negotiated.
A consumer makes monthly payments to the debt settlement company, or to the bank (or bank agent) who holds the "trust" account. A portion of each payment is taken as fees for the debt settlement company, and the rest is put into the trust account. The consumer is told not to pay anything to the creditors. The debt settlement company's fees are usually specified in the enrollment contract, and may range from 10% to 75% of the total amount of debt to be settled. FTC regulations effective October 27, 2010 restrict debt settlement companies from collecting any fees from a debtor client for services until settlement with the creditor has been reached and at least one payment made.
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