Recently I’ve been hearing about companies which are telling people who are searching for debt consolidation programs, that you must now use a law firm to deal with your situation. They claim that it is now illegal for firms which are not law firms to perform debt negotiation.
This is not really accurate. The issue is that with organizations, such as these law firms, that charge upfront fees for their services. Almost all attorneys will charge their clients nearly a thousand dollars for a retainer. In addition to that they usually also charge as much as eighty dollars per month for their legal services.
Let’s have a look at this. You’re retaining the services of a law firm. That seems fantastic! Now what specifically are you retaining them to perform? Well if you examine their contracts you are retaining them for the purposes of settling your debt. The last time I looked there wasn’t any legal documents required for that, no court appearances. In fact there is no need for a lawyer or even a paralegal what so ever to merely negotiate your credit card debt.
Second as mentioned, you are also paying a monthly legal fee. What is that for? Well they are going to tell you they’re contacting your creditors telling them that they’re representing you. Well what they are doing is merely mailing them a power of attorney letter. This incidentally most collection companies file inside the large round file cabinet. Sending this letter will not end collection phone calls. Additionally, they don’t tell you this, but they do not deliver this letter to everyone of your creditors. The reason for this is that a number of creditors will immediately turn your file over to their legal division for a potential law suit when they receive any such letter.
The only real approach to get the telephone calls to totally cease will be to send them a cease and desist notice informing them that you don’t intend to pay them back the debt and that they are to stop all communications. You can envision what this kind of letter will result in. Should you stop all feasible avenues the creditor has to collect the funds from you, it’ll almost certainly cause them to make use of the court system to get back some of their losses. Additionally, a large number of settlement law firms are not even doing the work for you. You will find a number of pending law suits against these law firms proclaiming that every single element of the settlement work is getting accomplished by non attorney for profit businesses. Which means you are paying for services of an attorney but an attorney isn’t actually supplying you those services.
Now let’s look at the way they charge their negotiation fees. Nearly all law firms will charge you a flat price of fifteen to twenty percent of the total debt amount. This payment is spread out within the initial year or two payments you make. That means you’re paying the law firm for services that they’ve not even performed. Also if you’re paying them a set amount, where is their motivator to settle for the very least total amount?
Now according to the Federal Trade Commission’s ruling established October 27th a lawyer cannot demand any upfront charges except if the customer has a one on one meeting with the lawyer that would be managing the case. This doesn’t mean that you enter an office building, shake hands with an attorney, then have a paralegal hand you documents to sign. This meant that the actual attorney that you talked with, would go over the important points of the program with you at that time. And that attorney would be the person who will be dealing with your case. This is simply not how these settlement attorneys operate.
As for the declaration that only a law firm can supply debt consolidation programs . Well that is not exactly true. The Federal trade commission ruling says is that a organization offering credit card debt help can’t ask for advance fees for their services. It also states that they have to base their fees on their overall performance. This means they have to charge according to how much they are able to help you save.
Not only is this far better for the customer, it also presents that organization an incentive to do the absolute best they can for you. The more cash they are able to save you the more cash they are able to make. That is beneficial to both sides. Incorporate that with the truth that you don’t pay for the services before the settlement has been achieved. This means that you’ll actually be able to save up a lot more money at a faster rate and get the debts repaid quicker.
I recommend you speak to a debt analyst who can review with you all of your choices to see which one is really best in your scenario.