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In most cases, creditors cannot later seek the forgiven portion of a debt if both parties execute a written settlement agreement.
Borrowers who negotiate debt settlements with creditors are generally protected from future collection efforts once a written agreement is completed and its terms are met. However, consumer finance experts say legal, administrative, and contractual issues can still reopen questions about a resolved debt in certain situations, CBS News reports.
With U.S. household debt at a record high and average credit card interest rates hovering near 22%, more consumers are pursuing debt settlement to reduce what they owe rather than continuing to make only the minimum monthly payments, the outlet reports. A settlement typically allows a borrower to satisfy an account by paying less than the full balance.
In most cases, creditors cannot later seek the forgiven portion of a debt if both parties execute a written settlement agreement and the borrower fulfills all conditions outlined in the agreement. Once those requirements are met, the debt is generally considered satisfied under the terms of the agreement.
Still, several circumstances can complicate an otherwise valid settlement. One of the most common issues occurs when borrowers fail to complete the agreement. Missing a required payment or violating another condition may void the settlement, allowing a creditor to pursue the remaining balance, along with any interest or fees permitted under the contract and applicable state law.
Consumer finance professionals also advise borrowers to obtain written documentation before sending settlement funds. A settlement letter should specify the amount the creditor agrees to accept, confirm that the payment satisfies the debt in full, and explain how the account will be reported once payment is received. Without that documentation, proving a debt was resolved can become difficult if questions arise later.
Administrative errors can also create complications. A settled account may be sold to a third-party debt buyer because of outdated or inaccurate records, prompting collection attempts on a balance that should no longer exist.
In other cases, creditors may reverse a debt forgiveness decision after discovering a clerical error, though they generally must explain the reversal and provide supporting documentation. Settlement agreements also may be challenged if they were obtained through fraud or material misrepresentation, or if a delinquent account was sold before the agreement was finalized.
Debt relief professionals recommend retaining signed settlement agreements, payment confirmations, and related correspondence for years after a balance is resolved. Maintaining complete records can help borrowers dispute future collection attempts and demonstrate that a debt was satisfied in accordance with the original agreement.
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Source: Black Enterprise
