Is It Better to Talk to a Trustee or a Debt Settlement Company?

Table of Contents

Featured answer

It is prudent to speak with a Licensed Insolvency Trustee (“LIT”) before paying a debt settlement company for what may be unnecessary services on their part. An LIT is federally regulated and can explain all your options, including a consumer proposal and bankruptcy. A debt settlement company is not regulated and cannot file a formal insolvency or provide the same legal protection that an LIT can.

 

Why this choice matters

When you are under pressure from debt, a promise to reduce what you owe can sound appealing. Many debt settlement companies advertise large reductions of debt or rapid results. Some may help in limited situations, but others may charge unnecessary fees without solving the deeper problem. A debt settlement company is not regulated and cannot provide legal protection or file formal insolvency proceedings.

A Licensed Insolvency Trustee is different because they are federally regulated and authorized to discuss all options and administer legal proceedings such as consumer proposals and bankruptcies. Learn more about what a Licensed Insolvency Trustee does from the Office of the Superintendent of Bankruptcy.

What a debt settlement company may do

A debt settlement company may try to negotiate directly with creditors. They may ask you to save money in a separate account and then offer a lump-sum settlement to the creditors. This can sometimes work if there are a limited number of creditors, if creditors agree, the agreement is well documented, and you have enough money to pay the settlement quickly.

The challenge is that creditors do not have to participate in this type of informal workout. Interest may continue. Collection calls may continue. Legal action may continue. If you miss regular payments while saving for a settlement, your credit may be damaged further. Consumers should also review the Financial Consumer Agency of Canada debt help alert.

What a Licensed Insolvency Trustee can do

A Licensed Insolvency Trustee (“LIT”) can review your full financial situation and explain all your options. This may include informal repayment, consolidation, a debt management plan, credit counselling, a consumer proposal or bankruptcy.

If a consumer proposal is appropriate, the LIT files it with the Office of the Superintendent of Bankruptcy, which is the government agency that regulates the insolvency industry. Once filed, most unsecured creditors included in the proposal must stop collection action. This legal protection is a major difference. Official information is available on the Office of the Superintendent of Bankruptcy consumer proposals page and the page about creditors contacting you after filing a bankruptcy or proposal.

The key difference is legal authority

Debt settlement companies may negotiate with creditors, but they do not have the same legal authority as a Licensed Insolvency Trustee. They cannot administer a consumer proposal or bankruptcy on your behalf.

The Financial Consumer Agency of Canada warns that only a qualified Licensed Insolvency Trustee can help with a consumer proposal or bankruptcy.

When settlement may be risky

Debt settlement may be risky if you are told to stop paying creditors without understanding the consequences or if agreements are not well-documented. It may also be risky if a company charges upfront fees, guarantees results or does not explain all your options, including consumer proposals and bankruptcy.

Debt relief should never be based only on hope that creditors will agree later. You need to know what happens if they do not. Review the full range of debt relief options available.

When a trustee should be your first call

Speak to a Licensed Insolvency Trustee (“LIT”) first if you are burdened with debt, behind on payments, facing collection calls, dealing with wage garnishment, carrying tax debt, using payday loans, or unsure whether bankruptcy is your only option.

An LIT can discuss the options and help you compare the costs, timeline, credit impact and protection available under each option.

Questions to ask a debt settlement company

  1. Are you a Licensed Insolvency Trustee?
  2. Can you file a consumer proposal yourself?
  3. What fees do I pay before creditors agree?
  4. Will creditors stop interest and collection action?
  5. What happens if creditors refuse?
  6. Will you explain bankruptcy and consumer proposals too?

The main takeaway

A debt settlement company may only offer negotiations. A Licensed Insolvency Trustee can explain all options and, if needed, provide access to legal debt solutions. Before paying for debt settlement services, speak with a Licensed Insolvency Trustee so you know what options and protections are available.

Frequently asked questions

Can a trustee reduce my debt?

A trustee may help you file a consumer proposal that offers creditors less than the full amount owed, depending on your situation.

Are debt settlement companies illegal?

Not necessarily, but they do not have the same authority as Licensed Insolvency Trustees and should be reviewed carefully.

Who can stop wage garnishment?

A consumer proposal or bankruptcy filed through a Licensed Insolvency Trustee can stop many unsecured wage garnishments.

 

Speak with a Licensed Insolvency Trustee

Speak with David Sklar & Associates for a confidential review of your debt, assets, income, expenses and monthly budget. A Licensed Insolvency Trustee can explain your options and help you choose a realistic next step. Book a free consultation today.

Take Your First Step Towards A Debt Free Life

If you are overwhelmed by debt, call us at 1-844-962-9200 to book a FREE, confidential appointment. We will review your financial situation in detail and discuss all of your options with you. Alternatively, you can fill out the form below and our team will reach out to you. 

Share This!

Excellent
David Sklar & Assoc.4.9
Based on 1978 reviews
J F
22 hours ago
Serena Sklar has been fantastic to work with. She’s knowledgeable, responsive, clear, and made a potentially stressful process for our family feel straightforward and manageable. I really appreciated how well everything was explained and how easy she was to communicate with throughout.
Donna
7 days ago
My call to David Sklar was one of the best call I had ever made. At first I though it was not real,but I said to myself what do I have to lose. Serena was very kind and professional. She explained the process and let me feel relaxed. It's as if I was talking to a family member. All my phone calls and emails were returned and answered promptly. I recommend David Sklar & Associates if you're drowning in debt.
lynn ingraham
1 week ago
I needed help with debt without judgment. I went to David Sklar and Associates and had the most wonderful experience with Jackie. She made me feel at home and comfortable talking about some uncomfortable debt. So personable and down to earth. When we were done I couldn't believe it was that fast. She took her time and explained everything to me and made sure I understood. I would recommend anyone who wants a safe comfortable place to deal with your debt to call David Sklar and associates. And please ask for Jackie. She's the best
Ludmila Stasii
1 week ago
It wasn't easy for me to realize that the only way to solve my financial problems was Bankruptcy. I turned to David Sklar &Associates trustees whose representative is Grace Cuffaro, and I think it was one of my best decisions I made. Grace not only helped me solve my financial problems, but also provided moral support, for which I am very grateful. Thank you very much for your help, Grace.
Violet Burrell
2 weeks ago
I am pleased with the service I have gotten at this company. I will refer David Sklar to anyone who would love to find solution to their debt problems. Mr. Mo Patel was very helpful and patient in informing and advising me through the process. Many thanks.
Consuelo Calingasan
2 weeks ago
Very helpful and accomodating.
jki7786 hjkii6
2 weeks ago
Excellent choice for anyone looking to solve their debt issues. Tammi was very understanding & great to deal with throughout the process. Highly recommend.
Jocelyn Callejo
2 weeks ago
All the staff are nice very approchable and accomodating. They will explained every step. Wonderful people.
Sabita Rampersad
2 weeks ago
Dealing with David Skylar for a second time. I have no regrets. Talking with all the ladies so far has been extremely helpful and I am very happy with all of them especially Trina Powell 😊
Razia Qureshi
2 weeks ago
Very professional, humble,understanding ,very effective and trustworthy.