Settle Our Debt is a member of the American Fair Credit Council
and has agreed to follow industry “best practices,” as endorsed
by the AFCC, including disclosure of the following matters as an
integral part of its contract with consumers.
Settle Our Debt provides consumers with a debt resolution service
more popularly known as debt settlement. Debt settlement is the
negotiation of less than full balance settlements of unsecured
debt on behalf of consumers who are experiencing financial
hardship. Settle Our Debt wants you to understand both the
potential benefits and risks that may arise out of your debt
settlement program and to be sure you have reasonable expectations
regarding all potential outcomes.
BY SIGNING BELOW, YOU ARE CONFIRMING THAT Settle Our Debt HAS
EXPLAINED TO YOU, AND YOU UNDERSTAND, ALL THE ISSUES SET FORTH
BELOW. If you wish to discuss or comment on any of these
disclosures or discuss any aspect of your debt settlement
program, please email us at [email protected]
with your contact information and the AFCC compliance department
will respond to you as quickly as possible.
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You are enrolling into a debt settlement program.
The objective of your debt settlement program is for Settle Our
Debt to negotiate mutually agreeable resolutions between you and
each of your creditor(s) for the resolution of your unsecured
debt(s), which are itemized as part of your enrollment agreement
and are referred to as Enrolled Debts. You understand and
acknowledge that no specific results can be predicted or
guaranteed.
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You will be responsible for saving sufficient funds to enable
Settle Our Debt to negotiate debt resolutions on your behalf.
In order for Settle Our Debt to negotiate on your behalf, you
must adhere to a regular schedule of deposits. These funds will
be deposited into a separate FDIC-insured bank account that you
and only you will control. Under no circumstances will Settle
Our Debt have custody or control of the funds you set aside.
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The savings program necessary to settle your debts is detailed
in your enrollment agreement.
Summaries of the minimum monthly savings amount and the
estimated period needed to settle all of your debts have been
prepared for you. Actual resolution amounts, and the period
required to settle all of your debts are likely to vary,
possibly substantially, from these estimates, based on creditor
behavior, your ability and willingness to keep to your deposit
schedule and other factors.
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While most creditors and collectors are eager to negotiate
with debt settlement service providers, Settle Our Debt cannot
force creditors to negotiate with them or to accept an offered
settlement.
Communications with creditors are handled on a case by case
basis. Some creditors may not be contacted for several months
after you enroll.
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Settle Our Debt is not a credit counseling service and does not
make regular payments on your behalf to your creditors. Your
creditors may continue to pursue collection efforts on
delinquent accounts while you are enrolled in a debt settlement
program. Such collection efforts can include phone calls and
letters to you, sending delinquent accounts to collection
agencies or even filing a lawsuit against you.
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Your debt settlement program assumes an effort that will
continue for many months.
The time needed to produce a settlement of a given debt depends
on several factors. These include (a) your financial hardship,
(b) the age and balance of the accounts that you owe, (c) the
funds you have available to pay to your creditors for a
settlement and (d) the willingness of your creditors to enter
into debt settlement negotiations. While no guarantees can be
given, generally the more money you are able to set aside the
sooner Settle Our Debt will be able to start negotiating
settlements for you.
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Fees paid to a debt settlement services provider such as
Settle Our Debt are not available to pay creditors.
The fees paid to Settle Our Debt are intended to compensate them
for their efforts and will only be refundable to the extent they
have not been deemed to have been earned in the manner described
in the Client Agreement. Those fees are not being set aside or
held in escrow to fund debt settlements.
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Settle Our Debt is not a law firm and does not and cannot
provide legal advice or counsel, and your signature, below,
acknowledges that you have been advised of this. Should you be
sued, you should consult with a lawyer licensed to practice in
your jurisdiction.
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You have told us that you are in a verifiable state of
financial hardship and are unable to meet, on an ongoing
basis, the minimum periodic payments required by your
creditors to pay off your debts.
If you do not make the minimum periodic payments on your debts
your delinquencies will likely be reported to the consumer
reporting agencies as late, delinquent, charged-off or past due
balances. Your creditor may also raise the interest rate on your
account and impose other penalties, such as late fees,
over-limit fees and the like. Until your account is charged off,
your account balance may continue to grow as your creditor adds
accrued interest and fees and penalties, and, if negotiations
are unsuccessful, you could be called upon to pay the entire
balance. Even if we are successful in negotiating a less than
full balance resolution for you, your creditor may report to the
credit reporting agencies that the account was “settled for less
than the full amount.”
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When your creditor agrees to settle a debt, a savings of $600
or more (meaning at least $600 less than what you owe at the
time of settlement) may be reported by your creditor to the
IRS as Discharge of Indebtedness income.
You should consult your tax advisor to determine whether your
individual circumstances require you to include any Discharge of
Indebtedness Income in your reportable income, or whether you
qualify for an insolvency exclusion. For more information on tax
ramifications to you personally, refer to the IRS website
www.irs.gov IRS Publication 908-“Bankruptcy Tax Guide” and IRS
Form 982, Reduction of Tax Attributes Due to Discharge of
Indebtedness.
To summarize, each case is unique and results, dependent as they
are upon both your ability to set aside sufficient funds and your
creditor’s willingness to negotiate a less than full balance
settlement, may be expected to vary widely. For consumers in
verifiable states of financial hardship, a debt settlement program
can be a very effective way to resolve unsecured debt but it is
not a painless process and no guarantees as to settlement amounts
or timing can be given.
Finally, we encourage you to report any concerns with your debt
settlement program directly to the AFCC via email:
[email protected]
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