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Debt settlement agreement letter to settle outstanding debt

What is a debt settlement agreement?

A debt settlement agreement is a formal legal document that describes a deal between a creditor and a debtor in which the Creditor forgives a portion of the debt in exchange for prompt payment. It's crucial to understand that this is not bankruptcy but another debt relief option.

People who cannot make their monthly payments but wish to avoid bankruptcy may find this helpful arrangement. This agreement has several advantages, including avoiding bankruptcy and saving money on interest and late fees.

When should you send a debt settlement letter?

When compared to ignoring the debt or paying it off, choosing a debt settlement agreement has several obvious advantages.

It might be a fantastic option if you have more than 90 days past due debts, have the cash to pay them off and are a good negotiator.

Here are some more benefits and drawbacks to think about before pursuing it.

Advantages of a debt settlement agreement

In most debt arrangements, you pay a small portion of the total amount owed. Additionally, you get to pay off the debt earlier than you would if you made regular payments for the entire balance. In other words, you're not only paying off your debt more quickly, but you're also paying less than you initially owed, and the Creditor is okay with that.

Negative aspects of a debt settlement agreement

After the debt is paid off, the Creditor notifies the credit bureaus of the settlement, which is likely to have little effect on a good credit score but may temporarily lower a terrible credit score. However, this choice is frequently preferable to ignoring the obligation.

In some situations, you may also have to pay taxes on the debt canceled off in the settlement. So, before deciding if debt settlement is good for you, give it some thought and weigh the advantages and disadvantages.

3 Stages to making a debt settlement agreement

If you choose a settlement agreement, your debt will soon be history. Relax; before you know it, it will all be behind you. Here are the steps to take while negotiating a debt settlement.

1. Determine the ownership of your loan

Although you may owe a lot of money, neither a merchant nor a credit card company will come to your door to demand payment.

Establishing your collection account's owner will help you begin the debt settlement procedure. You can either search it up on the website for the Annual Credit Report, or it can be on the stack of invoices you've received in the mail.

2. Start the negotiation process

You should practice your negotiating skills immediately because the collection agent won't let this one go without a fight.

Most collection firms purchase debt for 4–8 cents on the dollar, intending to recover about 11 cents. You may get started by knowing that these people want to quadruple their money. Make an offer to settle your debt after calling the collection agency and explaining why you can't pay the entire amount owed.

Start with a small offer (4-5 cents), and increase it with a counteroffer if necessary. Keep your composure; bursting into tears probably won't help you.

It's excellent to strike a deal that fits your budget! But if you can't come to a compromise that works for your financial condition, don't be scared to leave.

3. Finalize the agreement

Breathe in deeply. You succeeded! Your smart haggling can be for nothing if you don't get it in writing. To ensure it contains the following, request that the collection agent provide you with the official debt settlement agreement by mail, email, or fax.

Initial creditor's and collection agency's names.
The agreement's date.
The account number and your name.
Payment schedule information (dates and additional provisions of the agreement).
Settlement amount.
Creditor's signature.
Debtor's signature.

How to write a debt settlement letter

A debt settlement agreement letter is typically used to confirm in writing what verbal agreement you had with your creditor or collection agency to settle your debt. However, make sure you send two copies of the letter via certified mail so that you can have proof that they have received it. Moreover, request one signed copy of the agreement.

and hereby agree to compromise the debt amount under the terms and conditions that follow:

and , both the parties agree that the outstanding debt is $. Moreover, the parties consent that will accept a sum of $ and consider it as full payment. The acceptance of the payment will be treated as a complete discharge of all due bills and will not take any further step to collect on the alleged debt. The payment will be made once the agreement is complete and either in cashier's check or money order.

This agreement will be valid until and be treated as null and void if the debtor fails to make the payment within the due date and the account status will immediately stand as due.

Upon successful payment of the compromised amount, agrees to erase any negative information that it might have placed on the debtor’s credit report. Moreover, agrees to never place any such information on the debtor’s credit report in future.

Both parties are obliged to abide by the rules and regulations of the agreement and it’ll stand to benefit the parties, their successors and assignees.

Dated:

Signature: _________________

Legal representative of

Signature: ________________

Please keep in mind that this is a free debt settlement agreement template. You must fill out the debt settlement agreement form with the necessary details first, and then you can download or print it.

Debt settlement agreement - legal instructions

Here are instructions for each part of your debt settlement agreement that will help you understand what it says.

Introduction. Name the parties and the effective date of the deal. The parties must be the same as those who signed the original document that caused the debt. They should also have duplicate titles (i.e., the Debtor is still the Debtor, and the original Creditor is still the original Creditor).

Recitals. The "because" clauses, also called "recitals," explain the agreement. Put in the original loan agreement date (promissory note or another financing document) and the total debt amount.

Section 1: Acceptance of the existing obligation

The amount of the original debt is agreed upon by the two parties. The phrase in brackets is used if the debt was caused by loans from the Original Creditor to the Debtor.

Section 2: The amount of the settlement

The amount that the Creditor will take as payment for the present debt. Enter the number that both parties have agreed on.

Section 3: Release for the creditor

The Creditor promises that once the agreement is signed and all actions required are taken, it will no longer be able to go after the total amount of the debt or take any other action against the Debtor. Remember that the Lender is not giving up any claims due to the settlement agreement. For instance, if the Debtor doesn't pay the settlement amount, the Lender can still sue to get that money.

Section 4: Debtor's release

The Debtor promises that after signing the agreement and doing everything else required, it will no longer be able to sue or do anything against the Lender. Keep in mind that the Debtor is not giving up any claims resulting from the settlement agreement on the current debt.

For example, if it turns out that the Lender gave the debt to a third party against the terms of the agreement, the Debtor can sue the Lender for breach of contract.

Section 5: Representations of the parties

The parties can list any other promises, understandings, and assumptions in this section. For example, the Creditor may want the Debtor to explain its current financial situation before it will let it pay off the debt. You can eliminate the blank spaces if you don't want to add more representations and warranties.

Section 6: Release of the debtor

When the releases go into effect, it shows that the releases go into effect when the agreement is signed and the money is paid.

Section 7: Terms you should know

This is an optional clause where you can add other terms that haven't been listed yet. For example, if the parties share private information, you should include a clause about keeping that information safe. If you get rid of this section, you will need to change the numbers in the agreement.

Section 8: General rules

In the sections below, you'll find standard contract language. Even though the words sound complicated, they are just general rules with simple goals.

Section 8(A)
Lists the addresses where all official and legal mail should be sent. Fill in the mailing address of each person who is part of the agreement.
Section 8(B) Successors and assigns
It says that the agreement will be passed on to either party's successors and assigns and that neither party can transfer the present debt or other obligations under the agreement without the prior written consent of the other party.
Section 8(C) Waivers and changes
Explains that neither party can ignore or throw out any part of the agreement and that any changes to the document must be in writing and signed by both parties.
Section 8(D): Entire agreement
The parties agree that the contract they are signing is "the agreement" about the issues. Unfortunately, adding this clause won't stop someone from saying that other promises can be enforced, but it will protect you from these claims.
Section 8(E): Can't be changed

Protects the agreement as a whole, even if some is later found invalid.
Section 8(F): Governing law

Allows the parties to pick the exclusive jurisdiction that will be used to interpret the agreement. This is not a rule about where the case will be heard. The language included won't change where a possible claim can be brought. Please fill in the blank with the correct state.
Section 8(G): Signing the agreement on your own
Shows that all parties have had time to read and understand the agreement and have had a chance to get legal help if they wanted to (if desired).
Section 8(H): Electronic signatures and counterparts
It says that even if the parties sign the agreement in different places or use fax machines or computers to send their signatures, all the different pieces will be considered part of the same document. In the modern world, people who sign agreements aren't always in the same city, let alone in the same room. This clause makes sure that business can be done quickly without affecting the agreement as a whole.

Writing a debt settlement agreement letter: essential tips

When writing a debt settlement agreement letter, it is essential to be clear and concise. Make sure to include all the necessary information, such as the debt owed, the settlement amount, the terms of the agreement, and the date. Include the contact information of both parties in the letter.

Before you write, you should know what you want to accomplish with the settlement. How much will be paid off of your present debt? When do you have to make this payment? What is the governing law? What is the settlement debt amount? Find out the answers before you write them down. Please find out the answers before you write them down.

Give each side of the parties involved time to review the entire agreement. This will make it harder, or at least less likely, for someone to say they didn't understand some of the terms or how they might affect the agreement.

Both sides of the parties involved should carefully look over the agreement to make sure that all important points have been included. It is better to have too many people than too few. Don't assume that specific payment plan terms have been agreed to if they aren't written down. Sign the agreement twice, once for yourself and once for the other party.

Depending on what the contract says about the remaining debt, you may want to sign it before a witness or have it notarized for future reference. This will make it harder for a party's signature to be questioned.

Things to keep in mind when drafting a debt settlement agreement form

When drafting a debt settlement agreement, it is essential to include the following:

Necessary information about the loan agreement.
The contact information of both parties.
The date of the agreement.
The terms of the agreement.
The amount of debt.

What's a fair settlement offer?

The ideal settlement offer is usually between 10% and 50% of what you owe. The longer you don't pay a debt, the more likely you will be sued. Even if you work with a good debt settlement company or a law firm, your creditors are not required to lower your debt.

Should a debt be paid off or settled?

Paying off your debt in full if you can is always best. Even though settling an account won't hurt your credit score as much as not paying, a "settled" status on your credit reports is still bad.

What happens after you settle with your creditor?

Two things happen simultaneously when the Creditor agrees to forgive a portion of what the Debtor owes. First, the Debtor pays as per the negotiation. On the other hand, the creditors provide notice to credit reporting agencies that the Debtor has paid as per the terms of this agreement. Hence, they should update the account status as "paid as agreed."

How much should you offer to a creditor?

Usually, a creditor will accept 40% to 50% of the debt you owe, but it could be as much as 80% if you're dealing with the original Creditor and not a debt collector. Your first lump-sum offer must be less than 40% to 50% to give you room to negotiate.

Wrapping Up

Debt settlement agreements are a great way to settle outstanding debt without going through the lengthy and expensive process of filing for bankruptcy. Understanding the advantages and disadvantages of a debt settlement agreement before entering into one is essential.

Updated on: June 07, 2016

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