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Frequently Asked Questions
At New Era, we believe in full and honest disclosure regarding all aspects of our
Debt Settlement program. The following responses to Frequently Asked Questions are
provided to better assist prospective clients in understanding our service. If you
have additional questions or would like further information, please don't hesitate
to call us toll-free at (888) 639-4050. One of our professional representatives
will be happy to assist you with a FREE no obligation consultation.
- How does this program work?
- Will this strategy work for me?
- What happens to my credit?
- What are the fees?
- What are the tax consequences?
- What about creditor calls?
- What about lawsuits?
- Can my wages be garnished?
- Will I still be able to use my credit cards?
- What are the differences between Debt Settlement and Credit Counseling?
- What kind of debt can be negotiated?
- What if a creditor won't negotiate?
- Are there debts that can't be entered into the program?
- Can I do this myself?
- How do I know New Era is a legitimate company?
How does this program work?
Debt Settlement works by reducing the balance owed (principal) on your unsecured
personal debt accounts through the time-honored process of creditor negotiation.
This is different from simply reducing the interest rate as with Debt Consolidation
and Credit Counseling, which do not affect the total debt balance. By reducing the
balance itself, Debt Settlement provides a much faster means of becoming debt-free.
Most creditors are willing to accept 50%, 40%, sometimes as low as 20% of the balance
owed in order to close out an account rather than lose the entire amount in a bankruptcy
proceeding. From a business perspective, it is a matter of the creditor receiving
something rather than nothing, as would be the case in most bankruptcies. Of course,
different creditors have different policies, but as a rule, discounts of 50% or
greater are routine in the industry. As a consequence of this approach, money that
was previously wasted on endless minimum payments (most of which went toward interest
charges) goes toward reducing the actual debt balance. That's why Debt Settlement
through negotiation is the fastest debt elimination method short of Chapter 7 bankruptcy.
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Will this strategy work for me?
While the Debt Settlement approach is not suitable for everyone, its flexible nature
makes it applicable to a wide range of financial circumstances. For individuals
and families seeking an alternative to bankruptcy,
there is simply no better option to get out of debt. Here are a few guidelines to help you
determine whether or not Debt Settlement is something you should consider:
1. Do you have a legitimate financial hardship condition?
Most debt problems are caused by loss of income, medical issues, or divorce/separation.
These are legitimate financial hardships that can happen to anyone through no fault
of their own, and any one of these situations can wreak havoc on a household budget.
The important point here is that the Debt Settlement system is not a "free lunch"
for people who don't feel like paying their bills. If you are over your head due
to a hardship circumstance, and you'd prefer to work things out with your creditors
rather than declare bankruptcy, then Debt Settlement can provide a honest and ethical
debt relief alternative.
2. Are you committed to avoiding bankruptcy?
Debt Settlement is best viewed as a bankruptcy alternative, one that allows you
to keep control over the process and maintain privacy while working through your
financial difficulties. As with most things in life, success is determined by your
level of commitment to staying the course, even when the road gets a little bumpy.
If you are likely to give up at the first rough spot, then Debt Settlement is probably
not the best choice for you. But if you are determined to avoid bankruptcy, Debt
Settlement will likely be the most attractive debt solution for you.
3. Do you owe more than $10,000 in unsecured debt?
We are the first to admit that Debt Settlement is strong medicine, and it should
be reserved for serious debt problems. While everyone's budget is different, most
people can work their way out of smaller debt obligations. If you only owe $5,000,
for example, unless you are really in dire straits you can probably deal with that
obligation the old-fashioned way - by paying off the debt in full, over time. In
other words, smaller debt loads are more of a budgeting problem than a serious financial
hardship. At New Era, we use the benchmark of $10,000 for evaluating whether or
not a prospective client qualifies for our program. (Note: Exceptions are sometimes
made based on hardship circumstances, so the $10,000 figure should be used as a
rule of thumb or guideline. If you aren't sure whether you meet the requirement,
please call one of our knowledgeable representatives at (888) 639-4050 for a free,
no-obligation consultation.)
4. Are your debts primarily from credit cards?
Most types of unsecured debt can be negotiated, including medical bills, lines of
credit, signature loans, repossession deficiencies, financing contracts, department
store cards, miscellaneous bills and more. The deepest discounts, however, are usually
obtained with credit card debts. The results are far more predictable with credit
card accounts than with other types of obligation, so if the majority of your debt
load is comprised of credit card debt, you can anticipate good results from the
Debt Settlement strategy.
5. Is your monthly budget up to the job?
With a Debt Settlement program, it's necessary to be realistic about your budget.
If you cannot build up funds for settlement at a reasonable pace, then the program
becomes less viable. A good rule of thumb is that you should be able to set aside
roughly 2% of your debt level on a monthly basis. So, for example, if you owe $30,000
in unsecured debt, you should be able to consistently set aside $600 per month.
This would allow for a program of approximately three years' duration. Budgets vary
from month to month, so it's possible to set aside 1% one month, and make up for
it by setting aside 3% the following month, so long as the average, over time, is
around the 2% figure. This makes the program ideal for people whose income varies
up and down because of overtime pay, seasonal cycles, or commission-based income.
But if you're funding the program consistently below the 2% monthly level, the duration
will stretch out to the point where you may become frustrated with the lack of progress.
6. Do you have additional resources to work with?
Debt Settlement can work very well if you have access to one-time lump sums. Small
inheritances, insurance settlements, cash-value life insurance policies, borrowing
from friends and family, ebay auctions, and even garage sales are a few of the alternate
sources of funding that clients have used in lieu of a monthly payment stream. So
even if you can't consistently fund the program on a monthly basis, if you have
other resources to work with, Debt Settlement can still help you become debt-free.
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What happens to my credit?
The effect of our Debt Settlement program on your credit score will partly depend
on your current credit status before starting the program. Few people with debt
troubles have perfect credit to begin with. In general, your credit score (usually
called the FICO score) will decline during the program, and will begin to improve
again after you have become debt-free. There are several key points to bear in mind
here. We recommend against applying for new credit while going through the program.
It simply doesn't make sense to take on new debt while you're trying to tackle your
existing debt problem. So the short-term decline in credit score is rarely a problem
for clients. Also, the credit score itself does not take into account the debt-to-income
ratio, which is used by lenders (especially in the mortgage industry) to determine
whether you qualify for a home or auto loan. In other words, you can have a high
credit score due to a clean payment history (even though it's been killing you financially
to keep up those payments) and still be denied a new loan because you already carry
too much debt. By completing a Debt Settlement program, your debt-to-income ratio
will improve dramatically! Any way you look at it, the effects of Debt Settlement
on your credit will certainly be less damaging than the 10-year derogatory mark
made by bankruptcy.
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What are the fees?
The fees charged by New Era for professionally-assisted Debt Settlement are among
the most competitive in the industry. Before describing our fee structure in detail,
however, it's important to place the matter of fees in perspective. Choose to consolidate
debt through a loan, and you will pay back, over time, the full amount borrowed
plus loan origination fees. Choose to work with a Debt Counseling
(or credit counseling) agency for a traditional debt management plan, and again you will pay back the full
amount of your debts plus the fees charged by the agency. By using New Era as your
Debt Settlement firm, your total payout (including our fees) will still be much
less than the total amount you currently owe!
The primary fee charged by New Era is based on the savings we achieve for you. We
charge 33% of the savings that we negotiate on your behalf. So, for example, if
you owe $5,000 on a particular account, and we negotiate a debt reduction to $2,000,
that means we've saved you $3,000. Our negotiation fee would then be 33% of the
savings of $3,000, or $1000. So you would pay $2,000 to the creditor, $1000 to New
Era, and that debt would be gone forever! The total payout here would be $3,000
versus the $5,000 originally owed. We call this a success-oriented fee structure,
because New Era has the incentive to obtain the best possible discount for you based
on this method. Many of our competitors charge a high fee regardless of whether
or not a good discount is obtained, but at New Era we feel that it's better to ensure
our clients the best possible result through this approach.
In addition to the negotiation fee, we also charge a one-time setup fee and a small
monthly maintenance charge. These amounts will vary depending on the size and nature
of your debt, as they are designed to cover the cost of establishing and maintaining
your account until you can build up sufficient resources for us to use to settle
your debts. Please call us at (888) 639-4050 for a free, no-obligation consultation
with one of our professional representatives. We'll analyze your situation and let
you know exactly what the setup and monthly charges will be for your case. We're
proud of the fact that we have no other hidden fees or surprise charges. Everything
is fully disclosed so that you can proceed on our program with total confidence.
And remember, if you do your part in building up the resources for us to negotiate
with, your total payout including fees will be far less than the total debt balance
you currently owe.
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What are the tax consequences?
Financial institutions are required to report canceled debts over $600 (the portion
forgiven during the settlement transactions) to the IRS, and the debtor is required
to report that as income on their tax return. However, the IRS permits you to offset
any "income" from canceled debts up to the amount you were "insolvent" at the time
the debts were canceled. You are "insolvent" if you owe more than you own, or in
other words, if you have a negative net worth. If you're deep in debt, it's not
likely that you have a positive net worth, so it's rare that a client would have
to pay taxes on the forgiven debt balance. The exception might be an individual
with a high level of home equity, which might make the overall net worth positive
and thereby eliminate the insolvency exclusion. However, this is the exception rather
than the rule. Our view is that even in the unlikely circumstance that you might
owe tax on the forgiven debt balance, you'll still be way ahead of the game by eliminating
your debt balances sooner rather than later.
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What about creditor calls?
Creditor phone calls can certainly be an unpleasant experience, and collection harassment
is one of the chief reasons people seek relief through bankruptcy when they would
otherwise prefer to work things out with their creditors. At New Era, we make every
effort to minimize the impact of collection activity on our clients, and while we
cannot realistically promise to eliminate every single creditor phone call, we can
certainly reduce the number to a manageable level. To help eliminate the stress
caused by collection calls, New Era utilizes the services of the Consumer
Justice Group (CJG). This third-party consumer advocacy organization works with thousands
of clients to level the playing field between creditors and consumers. The services
of CJG are included in your program at no extra cost because we fully recognize
that this is a critically important issue for clients already stressed by the burden
of excessive debt. CJG has a multi-layered program of creditor intervention, beginning
with simple measures that can easily be adopted by the client, to formal requests
for cessation of telephone contact, all the way to investigative action against
truly abusive or harassing creditors. By invoking the rights available to consumers
through the Federal Fair Debt Collection Practices Act, CJG provides a great service
to assist clients in minimizing the adverse effects of creditor collection tactics.
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What about lawsuits?
While creditors have the legal right to bring a lawsuit for non-payment of a debt
obligation, such lawsuits are far less common than most people think. It costs money
to sue someone, and a legal judgment is simply a piece of paper unless there is
a way to collect money against it. The threat of litigation, on the other hand,
is all too common, even though debt collectors are not supposed to threaten legal
action unless they are specifically authorized to bring suit. In general, lawsuits
can normally be avoided, provided you are willing to work out suitable arrangements
with your creditors through the negotiation process. Contrary to popular belief,
most creditors would rather work things out amicably in a negotiated settlement
than spend more money taking a customer to court (with no guarantee of being able
to collect on a judgment). That's why thousands of litigation-free settlements are
transacted every month all across the country. Creditors won't admit it publicly,
but our method works much better for them than forcing people into bankruptcy through
overly-aggressive collection techniques. While New Era is not a law firm and does
not provide legal advice, we do want our clients to understand that the worst-case
scenario is that a client might be required to pay a debt balance in full in the
event of legal action by a creditor. This is little different from the starting
situation most clients find themselves in, and again, it is a fairly rare occurrence.
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Can my wages be garnished?
If you listen to some debt collectors, you might be fooled into thinking that they
will seize your very next paycheck unless you make a payment right then and there.
The threat of losing part of one's wages to a garnishment action is truly frightening
to someone already struggling financially. But this is mainly an intimidation tactic
used by collectors to scare people into committing to a payment schedule whether
or not they have the funds available. Actual garnishment actions are relatively
rare, and do not happen without advance warning. First, a creditor must bring a
lawsuit, obtain a judgment, and then take an additional step to obtain authorization
for the garnishment. No one can take your paycheck without court approval, and you
must be given notice of such court action through formal documentation. So don't
be fooled by one of the oldest collection tricks in the book.
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Will I still be able to use my credit cards?
You will not be able to continue using any of the credit cards or other accounts
enrolled into our Debt Settlement program. That's because you are aiming to have
the creditors forgive half or more of the balances owed, and they simply will not
extend more credit unless you bring the account current again and get back on a
plan to pay off the full balance. However, at New Era, we recognize that it's very
difficult to make do without at least one credit card for identification and/or
emergency purposes. To that end, it is permissible for clients to maintain one card
(preferably one with a small balance) outside of the program. This is another great
benefit of the Debt Settlement approach versus other methods, which take an all-or-nothing
approach to debt elimination.
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What are the differences between Debt Settlement
and Credit Counseling?
The most important difference between these two programs is that with Credit Counseling,
you pay back all of the debt balances, plus interest and fees, whereas with Debt
Settlement, you pay back only a portion of your debt load. That's why Debt Settlement
is a much faster path to debt freedom (2-3 years) than Credit Counseling (5-9 years).
This means a lot less money out of your pocket is used through the Debt Settlement
approach. Another key difference is that your Debt Settlement firm works solely
for you, the consumer, and receives no compensation directly from the creditors.
In other words, your Debt Settlement firm is truly on your side. With a Credit Counseling
agency, there is a dual relationship, where part of their income comes from the
client and the majority of it comes from kickbacks paid by the creditors. This creates
a built-in conflict of interest and creates doubt as to whose side the agency is
really on. Also, Debt Settlement provides much more flexibility than Credit Counseling
in both the monthly budget level and the types of accounts that may be enrolled.
For example, if you have a really tough month and need to skip a payment, that situation
can be absorbed by a Debt Settlement program, whereas it will cause serious problems
with a Credit Counseling program. Further, if your accounts have "charged off" and
gone into the third-party collections cycle, you can still enroll those obligations
in a Debt Settlement program where they will be rejected by a Credit Counseling
agency.
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What kind of debt can be negotiated?
As a general rule, any type of unsecured debt can be successfully negotiated. An
unsecured debt is one that is not tied to a specific material item that could be
repossessed by the creditor. So an auto loan, for example, could not be included
because the creditor could legally repossess the vehicle. Credit card debt, medical
bills, department store cards, signature loans, unsecured lines of credit, and revolving
charge accounts are all types of accounts that can be included in our program. The
main exception here are student loans, which in most cases are government backed
loans that cannot even be discharged in a bankruptcy proceeding. (Private student
loans that are not sponsored by the government can be included.) Also, we generally
caution clients against including credit union debt, even though it may be unsecured.
That's because a credit union is a member-owned organization, where a settlement
would come at the expense of your fellow credit union members.
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What if a creditor won't negotiate?
New Era has successfully negotiated with thousands of creditors all across the nation.
In the course of business, we have established contacts with the major banks, collection
agencies, and collection attorneys. Debt Settlement is recognized as a viable solution
by collection industry professionals, and at New Era we pride ourselves on the professional
reputation we have established by dealing fairly with creditors. In the rare instance
where a creditor balks at accepting a reasonable settlement at the time it is proposed,
it is often a matter of simply waiting for a different phase of the collection process.
Some creditors are more inclined to play "hardball" than others, but virtually all
of the major institutions eventually sell their accounts to debt purchasers in order
to get what they can for the account. Since the debt purchasers acquire these accounts
for pennies on the dollar, they are more inclined to accept a reasonable settlement
offer, which still represents a profit on their purchase.
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Are there debts that can't be entered into the
program?
Secured debts cannot be entered into our Debt Settlement program. This includes
home loans, second or third mortgages, equity lines of credit, auto loans, and financing
contracts tied to a specific piece of property that may be legally repossessed by
the creditor. Federal student loans, although unsecured, must also be excluded from
the program. In addition, Federal and State taxes cannot be included.
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Can I do this myself?
Yes, it is certainly possible for a consumer to negotiate his or her own debts.
However, there are several important factors that should be taken into consideration
before making such a decision. First, do you have the time? For individuals with
serious debt problems, the complexities of the negotiation process can be very time
consuming. Many people simply do not have the time to add this labor-intensive task
on top of an already busy work schedule. Second, it requires a certain kind of psychological
toughness to haggle with creditors. The average consumer is hampered by the embarrassment
and shame they feel over having gotten into trouble. With all the tricks, traps,
and pressure tactics used by creditors, most people will find themselves better
off with professional assistance. Third, as with any profession, there are techniques
not easily mastered by an amateur. Without professional coaching, the likely result
will be high-percentage settlements in the best case, and outright failure in the
worst case. When you consider that the total payout including professional fees
will still be far less than your original balances, it makes more sense for the
average person to obtain debt help from New Era.
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How do I know New Era is a legitimate company?
As with any large industry, there are both good and bad Debt Settlement companies
in operation. That's why New Era fully supports efforts to implement legislation
at the Federal level to ensure that the best practices are adopted and enforced
throughout our industry. To that end, we are members of
The Association of Settlement Companies (TASC), an independent trade association. TASC is presently working to
help draft legislation that will clarify and improve the ground rules for our industry.
One important aspect of TASC's mission is to set the standards for the industry
to ensure that consumers receive good value and quality service from participating
companies. Additionally, New Era has been certified by BSI for debt settlement best practices.
Clients of New Era can therefore rest assured that we are fully committed
to this process. We are very proud of our reputation and we are constantly seeking new
ways to improve our clients' experiences.
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