Negotiate with a debt collector

Negotiating with the debt collector is sometimes the least expensive way to resolve a debt. This is because neither side has invested in court costs or spent much effort trying to collect the debt. But it requires some planning and knowledge of how debt collectors work.

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Important things to know

Negotiating with a debt collector may mean that you offer to pay a portion of the debt you owe rather than the full amount. There are several situations where this may be a good option for the debt collector if they can get some of the money back and not have to pay court costs.

Knowing about some of these situations can help you figure out how to negotiate and what to propose.

If you owe a debt collection company, they are likely to accept a smaller amount

You may owe a debt collection company rather than the company you originally owed money to. These types of companies often buy the debts for a much smaller amount than what you actually owe. Their goal is to collect more than they paid for the debt, cover their costs to collect the money, and make a profit. They may accept a deal if you offer a reasonable amount over what they paid for the debt, which covers their costs, and provides a reasonable profit.

You may be able to offer to pay part of the amount as a single payment

If the creditor has not yet filed a lawsuit against you, you may be able to settle by offering a single (or lump-sum) payment of a portion of what you owe. The creditor sometimes has an incentive to take this lesser amount because it removes the risk of spending time, energy, and money trying to collect later

Sometimes a debt collector is better off accepting your voluntary payment

The law prevents a debt collector from taking funds for essentials (food, clothing, basic household goods), Social Security, and disability benefits from you to pay for a judgment. If you have very little income and property, the debt collector might not be able to collect even if they win their case.

If you are in this situation, the creditor may accept your offer of a voluntary payment on a portion of your debt.

Original creditors may be motivated by tax savings

The original creditor can get tax savings of about a third of the amount of any uncollected debt. Therefore, they are more likely to settle if offered more than they can get in tax savings.

For example, if your debt is $10,000, the debt collector can claim about $3500 for tax savings if writing off a complete loss. If you were to offer to pay more than that, they may be motivated to settle with you.

If a creditor accepts a smaller amount, you may have to report this on your taxes

You may have to pay taxes on the amount of debt that is forgiven in a negotiation. If the other side accepts an offer of more than $600 below the amount owed, the creditor will send you and the IRS a tax form identifying the amount forgiven as taxable income. Depending on your financial situation, you may have to pay income tax on this amount.