What to Expect During Business Debt Settlement Negotiations

Assessing Your Debt

The first step is to thoroughly analyze your business’s debts. Make a list of all outstanding debts, including the original amount borrowed, interest rates, fees, penalties and the total amount currently owed. Also determine which debts are secured (backed by collateral like equipment or property) versus unsecured. Unsecured debts like credit cards, lines of credit and vendor bills typically provide more flexibility for settlement. Prioritize debts by importance; for example, taxes and payroll should take precedence over other unsecured debts. Having a clear picture of your obligations will help you strategize and determine reasonable settlement offers.

Determining Your Settlement Offers

Decide what you can realistically afford to pay on each debt. Aim to settle for 50% or less of the total owed when possible. Be prepared to start lower and negotiate up to your goal. Crunching the numbers to arrive at settlement amounts you can live with while still operating your business is key. Consult with financial advisors as needed to develop your target settlement figures.

Contacting Creditors

Reach out to creditors once you’ve prepped your documentation and determined your ideal settlement amounts. Call, email or send letters requesting to discuss debt settlement options. Be professional. Explain that you are experiencing financial hardship but want to resolve your obligations as responsibly as possible. Provide documentation that gives creditors insight into your situation. Ask about their settlement policies and proposed discounts. If needed, work your way up the chain of command to reach someone with authority to negotiate settlements.

Negotiating With Creditors

The actual negotiation process requires strategic communication. Explain how much you can afford to pay on each debt while still maintaining business operations. Counter unreasonable offers with logical explanations of your financial limitations. Be willing to negotiate, potentially starting lower and compromising up to your ideal settlement amount. Point out that settling avoids the risks and costs of bankruptcy or default for creditors. If negotiations stall, politely end discussions and try again in a few weeks. Persevering with consistent settlement requests demonstrates your sincerity.

Finalizing Settlement Agreements

Once you’ve come to tentative settlement agreements, request formal offers in writing from creditors before making payments. Written agreements should spell out settlement amounts, a reasonable payment timeline, and terms confirming the debt will be considered satisfied and closed once paid as agreed. Scrutinize settlement contracts carefully before signing. Make sure all verbally agreed terms have been captured accurately to avoid misunderstandings. Only once signed written agreements are in place should you begin making settlement payments.

Other Settlement Considerations

• Timing Matters – When business revenues are sharply down, creditors may be more motivated to settle rather than risking long collection processes.
• Tax Implications – Settled debt could be considered taxable income. Consult a tax professional to understand potential tax liabilities.
• Impact on Credit – Debt settlements will likely negatively impact your business credit scores. However, defaults or bankruptcy would be worse.
• Fees – Avoid companies charging upfront fees for debt settlement services. Only reputable non-profits charge fees as a percentage of savings.
• Priorities – Payroll, taxes, secured debt and essential vendors first. Negotiate with unsecured creditors like credit cards and lines of credit.
• Alternatives – Other options like debt consolidation loans, credit counseling and bankruptcy may be better in certain situations.

With preparation, persistence and negotiation skills, your business can often settle its debts for substantially less than the full amount owed. This can provide much-needed relief during challenging financial circumstances. Just be sure to document all agreements in writing before making settlement payments. With a strategic approach, business debt settlement can be an effective debt reduction option.