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Debt Settlement Negotiation - What is a reasonable amount on low income?

I recently agreed to a judgement through a court to an amount of $2,660 I owe to a Credit Card. I was working with a Debt Settlement Company, but I feel they hung me out to dry with regards to support and legal advice. I contacted the Collection agency and they tell me their client wants 30% and then we can make monthly payments. I don't have 30% to start, as I have paid off 2 outstanding debts already this year and my funds are depleted.
I work part time and my income can vary from $0 - 400 per month, I'm the stay at home parent. I'm reliant on my wife's income to pay the majority of the bills.
Can I send a payment I see fit to the collection agency i.e. $50 per month. If I did so, what would be the legal ramifications of my actions. Could they take me back to court?.

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Attorney answers (2)

Reputation Level 15
If you had hired an attorney in the first place, he/she never would have let you sign an Agreement for Judgment in the full amount that you owed. Unfortunately, you gave them a "win" without even making them earn it or negotiating a better deal.

Although there are some good ones, in my experience debt settlement companies are not helpful to debtors, and are sometimes completely fraudulent schemes that leave debtors in a worse financial situation.

The collection agency (more appropriately, their lawyers) can take you back to court for the next 20 years now that they have a Judgment against you. They can garnish your wages and bring you to court for examination. What's worse, the Judgment continues to accrue interest at a rate of 12% per year.

Your best bet is to save up money in an account and then offer them a larger lump-sum settlement of the entire debt (perhaps 40-60%). You would be well-advised to seek the advice of counsel to make sure that the Judgment is reported with the court as satisfied.
1 person marked this answer as good

Reputation Level 14
Unfortunately, when dealing with credit card companies or collection agencies the debtor is at their mercy when it comes to repayment amounts required. If a judgment holder refuses to change the payment terms, bankruptcy may be your only remaining option. In a Chapter 7 bankruptcy, the debt would be discharged once and for all and the debtor then gets a fresh start.

Whether or not bankruptcy is a good idea for you can only be determined after a careful consideration of your total debt, assets, etc.
Many bankruptcy attorneys offer free phone consulations and there is a wealth of information on the internet about bankruptcy in general.

Kara O'Donnell, Esq.
Law Office of Kara O'Donnell
Quincy, MA
www.QuincyLegal.com

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