Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Debt collectors when you reject their settlement offer ^^
Summary: Thinking about rejecting a settlement offer? You may want to make a counteroffer. If you reject a settlement offer, or fail to keep up with a payment arrangement, your creditor might take you to court. Learn what you need to know about settling a debt and responding to a debt lawsuit from SoloSuit.
Have you received a settlement offer from a creditor or debt collection agency? If so, you have a choice to make. You can accept the offer, counter with an offer of your own, or ignore the communication.
Typically, debt collectors and creditors make a settlement offer when someone seems to have difficulty repaying a debt.
For example, if you suddenly stop making payments on a loan, the creditor will worry that you’ve lost your job or have other financial problems.
Your creditor might attempt to get you back on the right financial track by offering you a new payment arrangement or a settlement. Once you receive the offer, the ball is in your court, and you must decide your next steps.
Do not accept a settlement offer if you can’t afford to pay
If you can’t afford to pay your creditor the settlement they offer you, you’ll need to reject it. Just like you wouldn’t buy a home well outside your mortgage parameters, you shouldn’t agree to a settlement you know you can’t pay.
However, you can make a counteroffer instead of rejecting the settlement outright. For instance, suppose that your creditor offers you a settlement for a lump-sum payment of 75% of the value of your debt. You could counter with an offer you can better afford, like 45% of the debt. Your creditor will then decide whether to accept your offer or counter with another offer.
Let’s take a look at an example.
Example: Jason is being sued by a debt collector for a credit card debt of $4,000. At the moment, Jason can afford to pay off $3,500 in a lump-sum payment. He responds to the lawsuit with a SoloSuit Answer document. Then, he uses SoloSettle to send a debt settlement offer, asking the debt collector to settle for $2,000. The collector sends a counteroffer, and the two parties negotiate until they reach a settlement of $3,200. Jason saves money and avoids having a judgment entered against him in court.
Will my creditor stop trying to negotiate a settlement with me?
If you can’t reach a settlement agreement with your creditor, they’ll likely stop the negotiation process. Instead, they may offer a monthly payment arrangement that doesn’t require as much up front from you. They may offer low monthly minimum payments until you repay the debt.
Consumers who can’t afford to settle with their creditors should accept a payment arrangement. A payment arrangement protects you from a lawsuit while also giving you time to save more money toward a settlement.
If possible, pay double or triple the amount of your minimum payment to eliminate the debt quicker. Taking on a short-term, part-time job or starting a side hustle can help you bring in some extra income. Put as much money as you can toward your debt repayment.
What happens if I don’t abide by my payment arrangements?
If you don’t stick with your payment plan, your creditor may tire of trying to accommodate you. They may decide to pursue the debt through a lawsuit. If they begin a legal claim against you, you’ll need to repay the debt or settle with them to avoid a judgment.
A judgment will allow your creditor to take specific actions against you, including garnishing your wages, freezing your bank account, or seizing certain assets. An open judgment can prevent you from obtaining new credit or finding a new job. It’s best to avoid a judgment if at all possible.
Yes, you can attempt to defend yourself from a judgment in court. However, you’ll need to show the judge why you don’t owe the debt or why the claim doesn’t apply to you.
To start your defense, you’ll need to reply to your creditor’s Complaint with an Answer.
Sometimes, people don’t find out about debt until they receive notice of a lawsuit. In that case, they may be a victim of identity theft. Identity theft victims should file complaints with the FTC and their local police precinct.
You’ll need to file your Answer following your local court’s rules. You should also send a copy of the Answer to your creditor.
On your court date, you’ll appear before a judge to answer questions and present your case. The judge will decide whether a judgment is appropriate or not. If you win the case, you’ll avoid further legal claims from your creditor.
SoloSuit can help you draft and file an Answer in all 50 states.
Check out this video to learn more about what to include in your Answer to a debt collection lawsuit:
What happens if my creditor wins the case?
If your creditor wins a judgment against you, they’ll typically take immediate action to garnish your wages or freeze your bank account. If the creditor garnishes your wages, you’ll lose a portion of your income until you fully repay the loan.
Consumers who receive a judgment for a loan with collateral, such as a car, will likely lose the vehicle. The court’s decision will allow the creditor to seize any assets used as collateral.
It’s always best to avoid judgments involving loans and creditors. Doing so eliminates the potential for future financial headaches and legal issues.
Solo makes it easy to resolve debt with debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.
No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.
And 50% of our customers' cases have been dismissed in the past.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather