Credit Management Companies: What They Do and Why They Often Fail
By Bryan P. Keenan ยท August 22, 2024
When people start searching for help with their debt, one of the first things they come across are credit management companies, also called debt management or debt settlement companies. These businesses promise to negotiate with your creditors, lower your balances, and get you out of debt without bankruptcy. The pitch sounds appealing. The reality is often very different.
I am not saying every credit management company is a scam. Some legitimate nonprofit credit counseling agencies do good work. But the for-profit debt settlement industry has a track record that should give anyone pause. Here is what you need to know before signing up.
How Credit Management Programs Work
There are two main types of programs, and they work very differently.
Debt management plans (DMPs) are offered by nonprofit credit counseling agencies. You make a single monthly payment to the agency, and they distribute the money to your creditors. The agency negotiates lower interest rates and waived fees with your creditors. You still pay back everything you owe, but the reduced interest makes it more manageable. These plans typically run three to five years.
Debt settlement programs are usually offered by for-profit companies. They tell you to stop paying your creditors and instead send money to a special account. Once enough money accumulates, the company contacts each creditor and offers a lump sum payment, typically 40 to 60 cents on the dollar, to settle the debt for less than you owe.
The Problems with Debt Settlement
Debt settlement sounds great on paper. Pay less than you owe and walk away debt-free. But the execution is where things fall apart for most people.
You stop paying your bills. While you are building up that settlement fund, your accounts go delinquent. Late fees and interest keep accumulating. Your credit score drops significantly. Creditors may start calling, sending collection letters, or filing lawsuits against you. The settlement company has no power to stop any of that.
Creditors do not have to negotiate. There is no legal requirement for a creditor to accept a settlement offer. Some will, some will not. And the ones who refuse may sue you for the full balance plus interest, penalties, and attorney fees while you are waiting for enough money to accumulate in your settlement account.
The fees are high. Debt settlement companies typically charge 15 to 25 percent of the total enrolled debt, not the amount they save you. If you enroll $50,000 in debt, you might pay $7,500 to $12,500 in fees. These fees are often taken before any debts are actually settled.
The success rate is low. Studies have shown that a significant percentage of people who enroll in debt settlement programs drop out before completing them. The American Fair Credit Council, which is an industry trade group, reported that only about 35 percent of enrolled debts are typically settled. That means most people do not get the result they were promised.
Tax consequences. If a creditor forgives more than $600 of your debt through a settlement, they are required to report the forgiven amount to the IRS as income. You may owe taxes on money you never actually received. Bankruptcy discharges, by contrast, are not considered taxable income.
When Debt Management Plans Make Sense
Nonprofit debt management plans are more reliable than debt settlement, but they are not right for everyone either. A DMP can be a reasonable option if:
- Your total unsecured debt is relatively modest, generally under $10,000 to $15,000
- You have enough income to make the monthly DMP payment after covering your essential expenses
- Your creditors agree to participate in the program and reduce interest rates
- You can commit to three to five years of consistent payments
If your debt is higher than that, or if your income barely covers your living expenses, a DMP probably is not going to work. The monthly payment will be too high, and you will end up dropping out of the program in the same situation you started in, minus whatever fees you paid.
Why Bankruptcy Is Often the Better Choice
I understand that nobody wants to file for bankruptcy. There is a stigma attached to it that makes people explore every other option first. But when you compare bankruptcy to debt settlement objectively, bankruptcy often comes out ahead.
In a Chapter 13 bankruptcy, you get court protection from all of your creditors, not just the ones willing to negotiate. Your repayment plan is approved by a judge and based on what you can actually afford. Interest stops accruing on most debts. And at the end of the plan, remaining unsecured balances are discharged.
The timeline is similar to debt settlement, three to five years, but the outcome is far more predictable. You know from day one exactly what you will pay and when you will be done. No hoping that creditors will accept settlement offers. No surprise lawsuits. No gambling with your financial future.
For people who qualify for Chapter 7, the comparison is even more stark. You can eliminate most unsecured debt in three to four months, with no repayment required. That is not something any credit management company can match.
Red Flags to Watch For
If you are considering a credit management or debt settlement company, watch for these warning signs:
- Guaranteed results or specific dollar amounts of savings before reviewing your situation
- High upfront fees charged before any debts are settled
- Pressure to sign up immediately without giving you time to think
- Instructions to stop communicating with your creditors entirely
- Claims that they can remove accurate negative items from your credit report
- No clear written contract explaining fees, timelines, and what happens if the program fails
Get Honest Advice First
Before committing to any debt relief program, talk to a bankruptcy attorney. A consultation at our office is free, and we will tell you honestly whether bankruptcy makes sense for your situation or whether another option would serve you better. We have no interest in pushing you toward bankruptcy if it is not the right fit. But you deserve to make that decision with full information, not based on sales pitches from companies that profit from your debt.
Call us at 412-923-4941 or contact us online to schedule your free consultation.
Need Help With Your Debt? Contact Bryan P. Keenan & Associates for a free consultation. Call 412-923-4941 or send us a message.