Clearly define objectives before drafting the settlement offer. If monetary compensation is involved, the offer should specify the amount, payment schedule, and contingencies for non-payment. Non-monetary terms, such as confidentiality clauses, mutual releases, or other protective measures, should also be considered.
These are the steps to follow: Work out what you can offer the people you owe. Send your offer to them in writing. Ask them to confirm they accept your offer in writing. Keep any letters your creditors send you about the settlement offer. Negotiate with your creditors if you need to.
Settling out of court Make sure the process is perceived to be fair. Identify interests and tradeoffs. Insist on decision analysis. Reduce discovery costs.
Settlement Letter - Confirms the amount to settle debt up to a specified date. Letter of Indebtedness - Confirms the amount owed to date as of the letter's date. Letter of Non-Indebtedness - Confirms no outstanding debt.
Explain your circumstances and propose a settlement amount. The lender might counteroffer, and the goal is to reach a mutually agreeable amount. 4. Get It in Writing: Once a settlement amount is agreed upon, ensure you receive a written agreement from the lender.
Treat the following as a set of general guidelines: Gather complete information before you start writing. Describe your injuries and medical treatment. List your medical expenses, lost wages, and non-economic damages. Make a settlement demand. Include a deadline for legal action if you want to, but don't bluff.
In some instances of serious financial hardship, your lender or credit card provider may be willing to settle your outstanding balance for less than what you owe — provided you can offer them a large lump-sum payment.
Unfortunately, my circumstances are unlikely to improve in the foreseeable future and I have no assets to sell to help clear my debt. I am therefore asking you to consider writing off my debt as I can see no way of ever repaying it. If you are unable to agree to this, please explain your reasons.
The debt settlement company calls the borrower's creditor and negotiates a lump-sum debt payment of $20,000 to satisfy the previously required monthly debt payments of $10,000. The creditor, having written off the borrower due to non-payments for three months, accepts the lump-sum payment of $20,000.