Texas debt
settlement is a solution for consumers feeling overburdened
with credit card debt and other unsecured debts that find
themselves either falling behind on their payments or almost
impossible to manage the monthly minimum
payments.
Taking into consideration the savings, in
most instances it’s worth doing if you find yourself in any of
the abovementioned situations. The consumer can find himself or
herself saving close to 50% of what they currently owe and
become debt free within two years or less. When you compare the
savings of money and time with how long it would take to become
debt free via minimum payments and high interest the difference
is startling.
As with any
debt relief resolution, however, there are potential drawbacks
to debt settlement that should always be understood prior to
enrollment. For starters, debt settlement may have a negative
impact on your FICO credit score, particularly during the
program.
To put this point in perspective, however,
it’s essential to remember the following:
1) any
third party consumer credit counseling program and even secured
or unsecured debt consolidation loans from big banks will
affect your credit negatively in the eyes of
lenders,
2) the
effect on your credit in the long-run is very small, given the
fact you’ll be becoming debt free upon completing the program
(amount owed is 30 percent of your credit score, compared to
credit history, which makes up 35 percent of your score)
and
3) if
you’re falling behind or about to fall behind anyway, then your
credit has been or will be affected negatively
anyway.
There are
really just two noteworthy drawbacks to debt
settlement:
1) The
possibility of a lawsuit and 2) the reality of collectors
harassing you until the debt has been settled and
paid.
However, if you are a consumer in the great state of
Texas these two concerns about debt settlement are greatly
reduced. The reason Texas is so debt settlement friendly is due
to its laws. These debtor friendly laws offer consumers a great
amount of rights and protections concerning past due accounts
such as credit cards, medical bills and other various unsecured
debts.
So how do
these laws benefit the consumer who wants to pursue debt
settlement in Texas?
In every
single state there are laws in place regarding how collections
companies can pursue a past due debt. Many states’ laws say
that a cease and desist letter will make the collector have to
stop calling. However in the majority of states this cease and
desist letter will only apply to the third party debt
collectors (The people who buy your debt after it has gone six
months past due).
Texas is
ahead of the game for debtors and takes it one step further,
Texas’ law states that the cease and desist letter will not
only stop the third party collectors from calling but also the
original creditor as well (Which is the lender who originally
lent you the money, such as Bank of America).
In most
states the original creditor has the right call all they want,
but not in Texas. Although most debt settlement companies
should be able to reduce the calls from the original creditor,
the cease and desist letter in Texas will ensure that the
debtors will receive practically no harassment at all, almost
eliminating that drawback of debt settlement.
Ok, so how
does Texas protect me from the other drawback of a
lawsuit?
First off
Texas debt settlement clients will have their wages completely
protected from being garnished, which will give the collector
all the more reason to settle. Even though the vast majority of
creditors/collectors are willing to settle regardless of the
state you reside in, Texas clients are in an even stronger
position for negotiation due to these debtor friendly laws in
place.
Now it is
pretty rare for these collectors to sue in the first place due
to how many people fall behind on debts and the cost of money
and time to go about suing. That being said it is impossible
for any debt settlement company to guarantee that one of there
client will not be pursued legally.
Now, in the
event that the client is sued and does receive a judgment
against them there are usually two things they will look to do
as far as collecting the debt goes.
The first
action many collectors would take once they obtain a judgment
is to garnish wages. This means they contact your employer
asking that a certain amount be set aside from each paycheck
until the debt has been paid off. Fortunately for Texas debtors
the laws are in there favor and wages cannot be
garnished.
Another
action they would take with a judgment is to place a lien on
your home, this obligates you to pay back the creditors with
proceeds from the sale of your home or when you go to refinance
the property. Fortunately again for debtors is Texas there is
100% homestead protection.
In sum,
these are major advantages for Texas debt settlement clients.
Keep in mind that the vast majority of cases are settled
successfully regardless of the legal advantages of the
consumer. When you consider Texas state laws, debt settlement
makes even more sense for the credit card companies, debt
collection agencies, and most importantly, for the
consumer.
In
conclusion the above stated advantages for Texas debt
settlement clients are huge. You must however keep in mind that
the vast majority of debt settlement cases are successfully
settled without any legal action taken
whatsoever.
But when you
consider the Texas state laws, debt settlement makes the most
sense for all parties involved including the credit card
companies, collection agencies and of course most importantly
the consumer.
For those
considering debt settlement as a method of debt relief contact
our sponsor the US Consumer Advocate with the application link
below. This BBB accredited company will be able to help any
consumers in Texas looking for help with debt
settlement.
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