There is no one more vulnerable than someone who is in serious financial trouble.
When money grows tight, it is hard not to panic. Fear takes over. What is going to happen? Can they take my house? My car? What does a judgement mean? Can they take my furniture?
Can I go to jail?
Most people make poor decisions when they are under terrible pressure. Fear dominates their thinking.
With increasing frequency commercials are airing on television and on the radio. “Eliminate your Debt”…”Pay off your Mortgage”…”Restore your Credit”…
Letters designed to look like official correspondence marked Personal and Confidential titled “2010- DEBT RELIEF ADVISORY” advise that “you have been pre-selected…reduce monthly payments by half. We have helped thousands of people like you.”
The ads and letters throw out time frames of three to six months and promise debt reductions of up to 80 per cent. The letters are poorly written, the grammar selection invariably incorrect.
Who is sending out all this stuff? A quick Google search of the name pulls up a litany of complaints. What kind of people, who know nothing about credit and collection, would possibly spend the time and marketing money to hold themselves out as experts in a fairly complicated field, just to grab a thousand bucks from a whole bunch of people, then fold?
I have had client after client tell me, with complete disbelief in their voices, that for a up to a year, they sent monthly payments, their hard earned money, to a debt settlement service in Nashville or Los Angeles or Baltimore. They kept sending the money until the debt settlement company stopped answering its phones. They later found out that the company never settled anything, that nothing was done to reduce debt or prevent lawsuits. The company simply vanished. Now the creditors who were to be treated in the “program” are filing lawsuits.
Clients always ask “How can they get away with that?”
The sad answer is, they just did.
At a time when they can least afford to waste money and time, when every dollar becomes more important than it has ever been, these poor people have just been ripped and quite viciously. Did you ever get beat out of money? Ripped off, and you are in a position where there is absolutely nothing you can do about it? Having money stolen ranks up there with the worst of experiences. How much worse because the poor soul sent it freely?
Can the company be sued? Of course, but suing some fly by night operation a thousand miles away, which existed only to run a big national ad campaign and then disappear, is a very questionable proposition. It takes time and money, both of which are in short supply.
Oddly, the theories espoused by some of these companies are good. Disciplined savings and professional negotiation, together with the passage of time, ought to yield a reduction in overall debt and an improved financial picture. It might take 3 or 4 years, but done correctly it is a good solution.
The theories however remain theoretical, as these companies steal your money in a very tangible fashion, booking the payments as fees and then collapsing behind a corporate shell.
It is best to stay local. The problem then arises is who can handle this work competently and honestly? The answer is that there are very few experienced lawyers who can really negotiate and can litigate. If you go to a bankruptcy lawyer, you’ll get a bankruptcy. Our country needs workout professionals who can apply basic insolvency tenets to the situations of everyday small business and people.
Do business with people you can physically meet, not some website or an “800″ number.
Maybe there are good debt settlement companies out there, but I have never seen one.