Understanding the Legitimacy of Debt Settlement Companies
70The ongoing economic crisis has created a perfect environment for many unscrupulous debt settlement companies to sprout in. Unfortunately, this period of economic decline is as bad as it has ever been. As a result, it is inviting companies into the debt relief industry that may not have their clients' best interest in mind. Many are here to make money by preying on consumers that are struggling during a desperate time.
How do people in need of help know if a company they are considering is one that they should get involved with? Consumers that find themselves in difficult financial situations rely on debt resolution companies to relieve their monetary strain. In essence, somebody's whole livelihood could be in a company's hands. Nobody wants to be in this position, but the ugly truth is that many people are, and it's getting worse day by day.
An increasingly popular method of debt resolutions is to negotiate the debt through a debt settlement company. There are many settlement companies out there that will do exactly what they are supposed to do, resolve debt and follow the terms of the agreement between them and the client. It is vital to do the research and weed out the ones that will not.
At a glance, most settlement companies will seem like they have perfect solutions to financial problems because of the fact they can reduce the debt. That’s especially the case when convincing a potential client that may already be worn down from financial stress. If you find yourself feeling like you're in a weaker state of mind, as many people do when feeling financial stress, the best thing to do is to research as much information as possible. This will help protect you from just simply being sold on a service by a fast talker. Being informed with inaccurate information gives bad companies a huge advantage over consumers.
One thing to look into is a company's Better Business Bureau rating. Check to see if the company has any complaints against them. The number of complaints isn't the only indicator of poor business when considering the quantity of clients a company may be dealing with. It's really about the nature of the complaints and the number of them that go unaddressed or unresolved.
The B.B.B. gives an overall rating of A-F with an "A" being the best. The B.B.B. offers plenty of time to handle complaints before actually lowering a company rating. A commonly overlooked fact about the B.B.B. is that it is not a federal authority; it is a privately owned national association. It's because of that, that the B.B.B doesn't have any more power over bad companies than simply just reporting on them or removing them from being an accredited member of the B.B.B. They do not have the power to shut down any of the bad or fraudulent companies out there. This is why a B.B.B report should only be one aspect of your research.
Also, look into where a debt settlement company is based out of and find out where they can legitimately do business. Different states have differing laws regulating debt settlement companies; many are very strict and even prohibit debt settlement companies from doing business at all. Some states require settlement companies to have a physical office set up there. Many companies have been known to ignore these laws and except clients from states that they are not legally allowed to.
The damages to a client that has paid into a company in which the state’s Attorney General later caught up with and banned from engaging in business there can be very unpredictable. Situations like that can leave the client without reimbursement for all of the fees and settlement funds that were in the settlement company's hands. Some unfortunate cases include companies that don't have the funds to reimburse their clients. This leaves clients with the same financial mess that they started out with plus the deficit of whatever money was lost. Many attorney's and settlement companies proceed to do business in this manner anyway, hoping to avoid getting caught. Once these companies get caught though, it's usually just the clients that get hurt.
Matters like that are happening all too often these days. Clients left in a position like that don't have many options of recourse against companies based out of state. In many cases, the only way a client can go after them is by taking them to civil court. This becomes a big mess for the client because the burden rests on their shoulders to take action. Many times the case has to be heard in a local court of the company being sued. That could mean traveling across country to the company’s headquartered state just to try and receive compensation.
Many of the same consumer-protecting laws apply to these so called "national attorney-based debt settlement companies." Though a company may actually be attorney based in one state, it doesn't mean that they are located in or even allowed to practice in every state. Attorneys can only practice law in states that they are licensed in. Most are only licensed in their own state which would be the only place they can legitimately do business as an attorney-based debt settlement company.
Any side stepping of those regulations would be unlicensed practice of law in which an attorney would risk becoming disbarred all together. It has to be understood that a creditor always reserves the right to press a lawsuit. Would you really want an attorney that isn’t familiar with the specific laws that govern your debts anyway? In any case, getting involved with an improperly registered attorney can leave a client hanging when lawsuits arise. Most attorneys will not risk their law licenses by giving any legal advice to clients out of state. Without accurate legal advice, a lawsuit can turn into a very ugly situation.
Many companies will partner up with an attorney that allows them to use their name for marketing purposes, but in actuality the attorney does not participate or handle any of the clients. State legislators are aware of these practices and go to great lengths to prevent this, but keep a keen eye open for those types of companies.
One way of preventing the loss of saved up funds for settlement is to have complete control of your own money. A company that can access or control your settlement funds too isn't necessarily a bad company because of that, it's my opinion that a client is better off having complete control of it themselves. It'll take more discipline to complete a debt settlement program because you'll have the temptation of dipping into the funds that you're saving, but you'll protect yourself from a company using your money without your consent. One indicator of whether a company has access as well is the type of paperwork that you sign. If there is a joint account or trust account set up, or any exchange of your personal bank account numbers, there is a good chance the settlement company has access too. When setting up a trust account, which typically only happens with an attorney based company, you should inquire about what the Power of Attorney stipulates regarding settlement funds. Any company that you go with should really only handle the negotiation process with your creditors, and then contact you at the time of an agreed settlement for receipt of the funds necessary to do so.
Companies that are truly attorney based tend to be the best option for many people. Attorneys are registered with state Bar Associations and many of them with the American Bar Association. Bar Associations can come down hard on an attorney based company and can even suspend or revoke an attorney's law license for mistreatment of clients. This is a big incentive for the attorney and their company to abide by all laws that apply and to take better care of their clients, increasing the chances of you teaming up with a reputable company.
When making a decision about which company to do business with, do not take the decision lightly. Educate yourself with as much information as possible about debt relief. Check out all aspects of the company and make sure to reference all material available about them. That will offer a much better situation for completing a program successfully, leaving your financial stress behind you.
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