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Debt Settlement Agreement
I need a debt settlement agreement to formalize an arrangement where the debtor agrees to pay a reduced amount to settle an outstanding debt, with a clear payment schedule and a clause that releases them from further liability once the agreed amount is paid in full. The agreement should comply with Irish law and include provisions for confidentiality and dispute resolution.
What is a Debt Settlement Agreement?
A Debt Settlement Agreement lets you formally settle a debt for less than what you originally owed. Under Irish law, it's a legally binding contract between you (the debtor) and your creditor that outlines the new repayment terms, usually involving a lump sum payment or revised installment plan.
Many Irish borrowers use these agreements to avoid insolvency proceedings while giving creditors better recovery chances than bankruptcy would offer. The agreement must clearly state the original debt amount, the agreed reduced sum, payment deadlines, and any conditions about marking the debt as satisfied once you complete the settlement terms.
When should you use a Debt Settlement Agreement?
Consider a Debt Settlement Agreement when you're struggling to pay the full amount you owe but can offer a meaningful partial payment. This approach works especially well if you have a lump sum available—perhaps from savings, family help, or a redundancy payment—and your creditor seems open to negotiation rather than court action.
Under Irish debt laws, these agreements make particular sense when your financial situation has changed significantly (job loss, illness, business downturn) but you want to avoid more drastic options like bankruptcy or a Debt Relief Notice. They're also valuable when dealing with multiple creditors, as each settlement can help create a manageable path back to financial stability.
What are the different types of Debt Settlement Agreement?
- Single Payment Settlements: Most straightforward type where creditor accepts one lump sum to clear the debt
- Installment-Based Agreements: Structures the reduced debt into fixed monthly payments over an agreed period
- Full and Final Settlement: Specifically states that the reduced payment completely satisfies all obligations
- Multiple Creditor Arrangements: Coordinates settlements with several creditors simultaneously
- Conditional Agreements: Links debt reduction to specific events or milestones, like selling property or receiving inheritance
Who should typically use a Debt Settlement Agreement?
- Debtors: Individuals or businesses facing financial difficulties who seek to negotiate reduced debt payments
- Creditors: Banks, credit card companies, or other lenders who agree to accept a reduced payment to settle outstanding debts
- Debt Settlement Companies: Professional intermediaries who negotiate agreements between debtors and creditors
- Legal Representatives: Solicitors who review and finalize agreements to ensure compliance with Irish debt laws
- Money Advisors: MABS advisors or financial professionals who guide debtors through settlement options and implications
How do you write a Debt Settlement Agreement?
- Debt Details: Gather complete records of original debt amount, account numbers, interest rates, and payment history
- Financial Assessment: Document current income, assets, and expenses to determine realistic settlement offer
- Creditor Information: Compile full contact details and account references for all involved creditors
- Settlement Terms: Calculate proposed lump sum or installment amounts, including specific payment dates
- Documentation: Collect supporting evidence of financial hardship or changed circumstances
- Legal Requirements: Our platform ensures your agreement includes all mandatory elements under Irish law
What should be included in a Debt Settlement Agreement?
- Party Details: Full legal names, addresses, and contact information of debtor and creditor
- Debt Specifics: Original debt amount, current balance, and agreed settlement sum clearly stated
- Payment Terms: Detailed schedule of payments, including dates, amounts, and acceptable payment methods
- Release Clause: Statement confirming full discharge of debt upon completion of agreed payments
- Default Provisions: Consequences of missed payments or breach of agreement terms
- Signatures: Dated signatures of all parties, with Irish witness requirements met
- Governing Law: Clear statement that Irish law governs the agreement
What's the difference between a Debt Settlement Agreement and a Debt Assumption Agreement?
A Debt Settlement Agreement differs significantly from a Debt Assumption Agreement in both purpose and effect. While both deal with debt obligations, they serve very different functions in Irish law.
- Primary Purpose: Debt Settlement Agreements reduce and restructure existing debt between original parties, while Debt Assumption Agreements transfer debt obligations to a new party
- Parties Involved: Settlement involves original creditor and debtor negotiating reduced payments, whereas Assumption requires three parties - original debtor, creditor, and new assuming party
- Legal Effect: Settlement permanently modifies the original debt terms and amount, while Assumption maintains original terms but changes who's responsible
- Timing: Settlement typically occurs when financial hardship prevents full repayment, whereas Assumption happens during business restructuring or property transfers
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