SCAMS BULLETIN Host Jay White is a volunteer attorney who provides free legal services for low income seniors in San Mateo County, California.
February 22, 2020
DEBT RELIEF SCAMS
When credit card or other debts are burdensome, a phone call, email, website or ad promising relief may be welcome. A promise to settle your liabilities for pennies on the dollar can be very tempting. But proceed with care: Some debt relief offers are scams that will dig you deeper in debt.
There are reputable companies and organizations that can help you get out of the red. Some can advise you on budgeting and money management. They nay negotiate concessions with creditors or set you up with a plan to put away money each month to pay down your debts, usually over a period of years.
Scammers, on the other hand, offer sham “guarantees” to get you out of debt quickly and cleanly. Crucially, “they ask you to pay them before they do anything for you,” says the Federal Trade Commission (FTC). That’s illegal, and a big red flag that your would-be debt savior isn’t on the up-and-up. (Legitimate debt relief firms do charge for their services but can collect only when they get results.)
Some crooks will take your money and run; others will string you along, collecting payments and taking a “Management Fee” from each payment.
Bogus firms may instruct victims to stop paying their debts, on the premise that this will compel creditors to negotiate a reduction in the amount owed. This is misleading and risky. Creditors are under no obligation to settle rather than sue. These bogus firms don’t fully explain the potential consequences of being sued by creditors who are not paid. In the meantime, you could accrue interest and penalties and damage your credit score.
Warning Signs:
*A debt relief company asks for fees up front, before it settles any debts.
*The company guarantees it can eliminate your debt or reduce it by a particular amount in a set period of time.
*The company advises you to cut off communication with creditors.
*The company won’t send you information about its services unless you provide financial information such as credit card account numbers and balances.
Do’s:
*Do your homework on a debt relief service you are considering working with. Search online and check with your state’s attorney general and consumer protection agency to see if the company has been the subject of complaints.
*Do know the disclosure requirements for debt settlement companies. Among other things, they must explain all fees for and conditions on their services, estimate how long it will take to settle each debt, and lay out the risks of stopping payments to creditors.
*Do be skeptical of claims that a “new government program” or change in the law will reduce, forgive or cancel student loans, credit card debt or other liabilities.
*Do consider other options for dealing with debt, such as negotiating directly with creditors or using a nonprofit credit counseling agency.
Don’ts:
*Don’t pay a debt relief or credit counseling service fees in advance, even if they’re couched as “voluntary” contributions.
*Don’t believe guarantees. No company can ensure that it will reduce your debt by a certain amount or stop collection calls and lawsuits.
*Don’t let a company enroll you in a debt relief program without reviewing your financial situation with you.
*Don’t believe a claim that a company can remove negative information from your credit file. If data on delinquency, defaults and other problems is correct, it stays on your credit report for many years, by law.
Attribution: AARP.org
