Introduction
One of the most common questions I
get asked as a business law attorney is: “How can I negotiate my business debt
without a lawyer?” I get this all of the time. There are many different reasons
that people ask me this question, but the most common one is because they don't
have any money or don't want to hire an expensive lawyer. With that said, I've
developed a process for negotiating business debt without a lawyer so you can
start saving money and using your finances wisely.
If you are in a position where you
need to negotiate business debt without a lawyer, I can help. The laws
surrounding business debt are complicated and it can be difficult to understand
the different requirements for each state.
Business debt can get tricky to
negotiate. If you have any questions about business payment terms, contact a
business attorney to ensure you know your options.
Understand
your financial situation.
You need to understand your
financial situation. You may have a lot of debt, or you might be living
paycheck to paycheck. Whatever your situation, there are things you can do to
improve your financial situation and reduce the amount of debt you owe.
For example, if you have a lot of
credit card debt, consider trying to negotiate with the credit card company for
a lower interest rate or reduced monthly payment. If you are struggling
financially, contact an organization like the Legal Aid Society's Credit
Counseling Program to see if they can help you find ways to pay down your debts
more quickly.
This is a good time to ask yourself
questions like:
- How much do I owe?
- What are my other debts and balances?
- What's my net worth?
- How much do I earn per month?
Stop
using credit cards.
If you are dealing with a creditor
who has not yet agreed to negotiate with you, the best way to start is to stop
using your credit cards. It's not enough to just pay off the balance on any
outstanding bills, because you can't make that creditor happy by paying off one
bill and then using the same card to buy something else. The creditor will see
that as evidence that you're still in debt, and they'll keep trying to collect.
Instead, stop using your credit
cards and arrange for another form of payment such as a direct deposit or money
order (which are usually handled quickly).
If you have any business debt, it's
important to understand that you can negotiate payment terms with the creditor.
There are several ways to negotiate a lower interest rate,
including:
- Stop using credit cards.
- Make monthly payments on time in full.
- Ask for an interest rate reduction.
- Ask for a shorter payoff period.
Prioritize
your debts.
Prioritize your debts.
The first thing you need to do is
prioritize your debts. How much time do you have before you are forced to pay
back the debt? If you have less than five years, what can you do to reduce the
amount of interest or principal that will accrue on the loan? If you have five
years or more, what are your options?
If the loan is consumer credit and
not business debt, then contact the creditor and negotiate with them about
terms and conditions. You may be able to reduce the monthly payments, change
terms or even eliminate penalties. The creditor might be willing to negotiate
with you if they know there is a possibility that they will lose money if they
don't come up with an agreement with you.
If it's a business loan, then
contact your lender directly and let them know how much time you have before defaulting
on their loan. Explain that if they want to keep dealing with your business,
then they should work out a payment plan that works for both parties.
Communicate
with creditors.
If you have business debt and you
have made some payments, then it's time to communicate with your creditors.
You should send a letter to each
creditor informing them that you have paid the debt in full. You should also
include details of when you made the payment and what the total amount was.
When negotiating business debt,
communication is key. This can be done through phone calls and/or email.
Here are some tips for communicating
with creditors:
- Be clear about your situation and the need for a
payment plan.
- State clearly what you want to pay back (or not pay
back) and why.
- Ask for time to think about your response and give you
enough time to make a decision.
- Don't be afraid to ask for more than you think you'll
get if the creditor agrees to work with you on an arrangement that works
for both of you.
Explore
whether there's room to negotiate on terms with each creditor.
If you are in debt and looking for
ways to negotiate with creditors, there are certain steps you should take.
First, explore whether there's room to negotiate on terms with each creditor.
Don't let creditors know that you're
thinking about negotiating. The first thing they will do is request a formal
statement of the debt (or "judgment"). This document gives them
written proof that they can sue you if they want. If they sue you, they'll ask
for more money than what's in the statement, because they want their attorney's
fees as well.
The second step is to get an
attorney involved; they will negotiate on your behalf and try to come up with a
payment plan that works for both parties. The attorney will also explain how
bankruptcy can help you in this situation and help prevent creditors from suing
you again after bankruptcy has been discharged from your record.
Explore
negotiation tactics with a lawyer.
You can negotiate business debt with
a lawyer if you have the money and the time, but it's not always the best
option. Negotiating business debt without a lawyer is a great way to save money
and is often legal in your state.
Here are some tips for negotiating
business debt without a lawyer:
1. Keep track of your expenses. You need to know what you're
paying for if you want to negotiate with your creditors. If you don't have receipts or records for your business, try tracking expenses manually or using
an app like Mint or YNAB (YNAB).
2.
Keep good records of all of your expenses and payments. This will help when it
comes time to negotiate with creditors and show that your business was stable
before filing for bankruptcy protection.
3.
Be proactive by paying off creditors before they file a lawsuit against you or
garnish your wages. If they sue you and win, they'll get money from all of your
assets, including money already paid out in salary and rent plus interest on
the amount owed! Paying off creditors before they file also prevents them from garnishing
your wages until after their lawsuit
Verify
your debit and gather documentation.
You're about to embark on a
negotiation that could be the most important of your life, so you may want to
consult a lawyer. But if you do, it's best to do so before you write the first
check.
Verify your debit and gather
documentation.
The first thing you'll want to do is verify your debt. Then, gather as much documentation as possible about any outstanding balances, including copies of statements, invoices, and canceled checks. At this point, you might also want to contact any businesses where you owe money and ask them how much they are willing to settle for.
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