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Article #369: Debt Settlement: Debt Relief for the Elderly and the Disabled

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(Note: this is not to be considered legal even if a creditor has sued them in court
advice, and it is dealing with the and won a judgment.
hypothetical “average” elderly Consider the following situation.
and/or disabled person. Each case is Let’s say a creditor has just sued
unique and to determine the legal you and won a judgment in court. They now
ramifications of your individual scenario have to execute the judgment in order to
you should consult an attorney.) actually start collecting the debt. One
Debt settlement, also known as debt way a creditor executes a judgment is
negotiation or debt reduction, is a through wage garnishment. When a creditor
relatively new way for dealing with your garnishes someone’s wages, they
debt problems. In a debt settlement automatically (and legally) withdraw a
program, by negotiating with a creditor, a certain percentage of that person’s
client can reduce their debt by as much as wages every paycheck (25% after taxes in
50 percent and be debt free in as little most states) until the debt is paid off.
as 12 to 30 months. In order to Fortunately, creditors cannot garnish
accomplish these savings, however, a Social Security, disability, and most
client must voluntarily stop paying their pensions (unless the
creditors. By doing this, a creditor is “creditor” is the mother of
forced to confront the following question: your children and she’s collecting
How can I collect the most money from alimony). This being the case, the
this past due debtor with the least amount creditor would probably look for another
of effort and the least total expense to way to collect the debt. Levying a bank
my company? Typically the answer to this account is another common method for
question in the minds’ of creditors executing a judgment. Again the elderly
is accepting a lump sum settlement for and the disabled are protected, presuming
less than the full balance owed. the bank account’s funds are made up
Although the vast majority of cases work of the deposits from social security,
out according to this framework, as anyone pension, and/or disability benefits.
who has ever read a debt negotiation A creditor is always reserved the right to
contract can tell you---it’s pursue legal action to collect a past due
impossible for a debt settlement company debt, even if the debtor is elderly or
to guarantee that a client won’t be disabled. However, it only makes sense
the target of any legal action by their that they’d prefer to accept a
creditors. After all, creditors are settlement for less than the balance,
always reserved the right to sue debtors especially if the debtor has no assets or
to collect a past due account, regardless lives in a debtor-friendly state like
of whether the consumer is taking any Texas, Florida, Iowa, Pennsylvania,
action to resolve the outstanding debt. Arkansas, or Oklahoma. It is for these
That being said, thanks to highly reasons that credit card debt reduction
favorable state and federal debtor laws, makes a lot of sense for the elderly and
the elderly and the disabled are very the disabled who are struggling to pay
difficult to collect a past due debt from their minimum payments each month.
relative to the average American consumer,






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