Debt Management Plan vs Debt Settlement: Fees, Credit and Tax Effects

By CreditMeadow Editorial Team · Updated

Illustration of a meadow path splitting in two at a blank signpost, for a guide on debt management plan vs debt settlement

The choice of a debt management plan vs debt settlement is a choice between repaying what you owe on easier terms and trying to pay less than you owe. A debt management plan (DMP) is usually set up by a nonprofit credit counseling organization and generally repays what you owe over time, sometimes at lower interest rates your creditors agree to. Debt settlement is typically sold by for-profit companies that try to get your creditors to accept a lump sum smaller than the balance. The two differ sharply in fees, credit damage, tax consequences and risk.

How a debt management plan works

Credit counseling organizations are usually nonprofits, and the CFPB says their counselors are certified and trained in consumer credit, money and debt management, and budgeting. After reviewing your finances, a counselor may suggest a DMP. The FTC describes how it generally works:

  1. The counselor works out a payment schedule with you and your creditors, who may agree to lower your interest rates or waive certain fees.
  2. You deposit money with the credit counseling organization each month.
  3. The organization uses your deposits to pay your unsecured debts, such as credit cards, student loans and medical bills.

DMPs are not for debts secured by collateral, like a house or a car. A plan requires regular, on-time payments and can take 48 months or more to finish, and you might have to agree not to apply for or use more credit until it's done. Counselors usually don't try to reduce the amount you owe; as a CFPB blog post explains, they may lower your payments by stretching them over a longer period or by getting your creditors to cut your interest rate. They can also get creditors to agree not to pursue collection or charge late fees while you're on the plan.

Credit counseling organizations are allowed to charge fees. Ask for a specific price quote in writing, and if an organization won't help you because you can't afford its fees, the CFPB says to look elsewhere. Before you send any money, contact your creditors to confirm they have accepted the proposed plan; the CFPB notes the FTC has found that some organizations offering DMPs have defrauded people.

How debt settlement works

In a debt settlement program, a for-profit company negotiates with your creditors to accept a "settlement," a lump sum that is less than what you owe. Meanwhile, you put a set amount each month into a dedicated account until there is enough to pay the agreed settlement, and these programs often encourage you to stop paying your creditors.

Under the law, the money in that account still belongs to you. According to the CFPB, it must be held by an independent third party, stay under your control and be available for you to withdraw at any time without penalty.

The risks are substantial. The CFPB warns that when you stop paying, late fees, penalty interest and other charges usually pile up, creditors are likely to step up collection efforts, and a creditor may sue you. Some creditors refuse to work with settlement companies, many programs can't settle all of your debts, and settlement can hurt your credit scores. The FTC adds that many people can't keep up the deposits long enough and drop out, losing the fees already paid and still owing the unsettled debts.

The fee rules for debt settlement

The FTC's Telemarketing Sales Rule bans up-front fees for debt relief services sold by phone, including calls you make in response to an ad. It applies to for-profit companies and to companies that falsely claim nonprofit status; bona fide nonprofits and companies that meet you face-to-face before signing you up generally fall outside it.

Under the rule, a company can't collect a fee until three things have happened:

  • It has settled, reduced or otherwise changed the terms of at least one of your debts.
  • You have agreed to that settlement or other result.
  • You have made at least one payment to the creditor under the new agreement.

The fee can't be front-loaded: each time a debt is settled, the company can charge only a portion of its full fee. Before you sign up, the company must also tell you its fees and conditions, how long it will take to make offers to each creditor, how much you must save before it makes an offer, and the possible consequences of stopping payments if the program relies on that. A company that requires a dedicated account must let you stop working with it at any time without penalty, and if you leave, it must return the money in the account within seven business days, minus any fees it has properly earned.

Debt management plan vs debt settlement at a glance

Debt management planDebt settlement
Who offers itCredit counseling organizations, usually nonprofitsTypically for-profit companies
What you repayUsually the full balance, sometimes at lower rates or with fees waivedA lump sum less than you owe
How you payOne monthly deposit; the organization pays creditorsMonthly deposits into a dedicated account; creditor payments often stop
Length48 months or moreThe process can take years
FeesAllowed; get a written quoteOften 20 to 25 percent or more of the settled debt; where the FTC rule applies, none before a debt is settled
CreditThe FTC says to understand how the plan will affect your credit before you signLate payments and settlements are likely to damage your credit
TaxesUsually no effectForgiven debt may be taxable income

Worked example: $12,000 of credit card debt

Suppose you owe $12,000 on three cards, with balances of $3,000, $4,000 and $5,000, all at 24% APR. The terms below are hypothetical, and interest is figured monthly at the annual rate divided by 12.

With a DMP. Say your creditors agree to cut the rate to 8% on a 48-month schedule. The payment is $292.96 a month, total interest is $2,061.77, and you repay $14,061.77 before any agency fees. Each $10 of monthly fee would add $480 over the plan. Paying the same $292.96 at 24% without the rate cut would take 87 months and cost $13,305.78 in interest.

With debt settlement. Say your creditors eventually settle for 55% of the enrolled balances, or $6,600, and the company charges 20% of the enrolled debt, or $2,400. You pay $9,000 in total, and $5,400 is forgiven. At $300 a month, building $9,000 in the dedicated account takes 30 months. Under the rule's proportional-fee method, when the $3,000 card is settled first, the company can collect $600 of its fee: a quarter of the total, because that card is a quarter of the enrolled debt.

The settlement total looks lower, but it leaves out the late fees and interest that keep adding to your balances while you aren't paying, any creditor that refuses to settle, the credit damage and the possible tax bill. The CFPB also notes that card companies generally don't offer special deals only to settlement firms, so you may be paying for work you could do yourself by calling your card company.

Taxes on forgiven debt

The IRS says that, in general, if a debt is canceled, forgiven or discharged for less than you owe, the canceled amount is taxable, and you report it on your return for the year the cancellation happened. The creditor may send you Form 1099-C showing the amount, and the IRS adds that lenders are usually required to report it to you and the IRS. You are responsible for reporting the correct amount even if the form is wrong. There are exceptions and exclusions, including debt canceled in a bankruptcy case and debt canceled while you are insolvent, up to the extent of the insolvency. A tax professional can tell you how they apply to you.

A DMP, by contrast, usually doesn't affect your taxes, according to the CFPB.

How to spot a debt relief scam

Walk away from any company that:

  • Charges fees before it settles any of your debts or enters you into a DMP
  • Guarantees it can make your debt go away, settle all of it, or cut it by a promised percentage
  • Promises results from a "new government program" to pay off your debt
  • Tells you to stop communicating with your creditors
  • Says it can stop all collection calls and lawsuits
  • Tries to enroll you without first reviewing your finances

The FTC adds that an unexpected call or text offering to settle your debts fast and asking for personal or financial information is a sure sign of a scam, and that a nonprofit label alone doesn't guarantee a counselor is legitimate or affordable. The same pattern shows up with tax debt: the IRS warns about "offer in compromise mills" that promise to cut unpaid taxes for pennies on the dollar and charge big fees, while taxpayers who qualify can get the same deal by working directly with the IRS.

Check any company with your state attorney general and local consumer protection agency, and report scams at ReportFraud.ftc.gov.

Choosing between the two

If you could keep up with your debts once interest rates come down, a DMP through a reputable nonprofit counselor keeps you paying your creditors and usually has no tax effect. The CFPB lists nonprofit credit counseling as the alternative to a settlement company and suggests a bankruptcy attorney as another option if you truly can't repay. Before either, try the steps in our guide to what to do if you can't make the minimum payment, and if your credit is still in good shape, compare a debt consolidation loan vs balance transfer.

Sources

  1. Federal Trade Commission — How To Get Out of Debt
  2. Consumer Financial Protection Bureau — What is credit counseling?
  3. Consumer Financial Protection Bureau — What is the difference between credit counseling and debt settlement, debt consolidation, or credit repair?
  4. Consumer Financial Protection Bureau — What is a debt relief program and how do I know if I should use one?
  5. Consumer Financial Protection Bureau — Need help with your credit card debt? Start with your credit card company!
  6. Federal Trade Commission — Debt Relief Services & the Telemarketing Sales Rule: A Guide for Business
  7. Federal Trade Commission — Looking for debt relief? Here's how to avoid a scam
  8. Consumer Financial Protection Bureau — How to get a handle on debt
  9. Federal Trade Commission — Spot scams while getting out of debt
  10. Internal Revenue Service — Topic no. 431, Canceled debt: Is it taxable or not?
  11. Internal Revenue Service — What if my debt is forgiven?
  12. Internal Revenue Service — Companies who promise to eliminate tax debt sometimes leave taxpayers high and dry