Should the challenges and missed payments continue longer term, the credit card debt could ultimately be written off, which is when a creditor considers it uncollectible and no longer counts it as an asset — typically after 180 days of non-payment. For cardholders, the situation can feel confusing.
You can ask the people you owe to write of your debts if this sounds like you. Some creditors may agree if: They understand you will not be able to pay. They see you have no assets to sell.
Most credit card companies won't provide forgiveness for all of your credit card debt. But they will occasionally accept a smaller amount to settle the balance due and forgive the rest. Or the credit card company might write off your debt. But this step doesn't eliminate the debt—it's often sold to a collector.
A fair settlement offer typically falls between 30% and 50% of the total amount owed. However, it's imperative to note that this can vary based on several factors, including how delinquent the account is.
When it comes to credit card debt relief, it's important to dispel a common misconception: There are no government-sponsored programs specifically designed to eliminate credit card debt. So, you should be wary of any offers claiming to represent such government initiatives, as they may be misleading or fraudulent.
In a Nutshell
Though there's no set timeline, you can expect legal action after six months of nonpayment. While there are no guarantees, you're less likely to be sued if you owe less than $2,000.
The short answer is yes, credit card debt forgiveness can negatively affect your credit score. However, the impact depends on various factors, including your current credit score and the specifics of your debt settlement agreement.
A company's best customer is one who brings in the most profit. For credit card companies, this is the revolver -- the customer who pays off debt incrementally while watching his balance steadily grow. The companies actually make little profit from the responsible customer, who quickly and fully pays off balances.
In some cases, you may be able to settle for much less than that 50.7% average. Collectors holding old debts may be willing to settle for 20% or even less. The statute of limitations clock starts from the date the debt first became delinquent.
It may be possible to ask your creditors to write off the debts if you have no available income to make any payments and have no savings or assets. You need to convince the creditors that your circumstances are unlikely to improve in the future.
In general, most debt will fall off your credit report after seven years, but some types of debt can stay for up to 10 years or even indefinitely. Certain types of debt or derogatory marks, such as tax liens and paid medical debt collections, will not typically show up on your credit report.
Filing for Chapter 7 or Chapter 13 bankruptcy can discharge or restructure your credit card debt, regardless of the statute of limitations. In Chapter 7 bankruptcy, most credit card debt is eliminated, freeing you from the obligation to repay.
Good practice
Creditors should consider writing off unsecured debts when mental health conditions are long-term, hold out little likelihood of improvement, and are such that it is highly unlikely that the person in debt would be able repay their outstanding debts.
A charge-off is generally considered worse than a collection for your credit. With collections, you typically have more negotiating power for getting them removed from your credit report.
Currently, no government-sponsored or government-backed programs provide credit card debt relief to consumers. For example, unlike what you see with federal student loans, you cannot apply to have credit card debt forgiven without penalties.
It could cause long-term damage to your credit
Debt forgiveness programs almost always come with a significant impact on your credit score. When you stop making payments to your creditors while the settlement process is ongoing, your accounts will become delinquent, which will be reported to credit bureaus.
When a credit card company decides that it has little or no chance of collecting a debt, it will write it off as a loss. Essentially, a credit card debt write-off is an accounting tool that allows the creditor to declare the debt a worthless asset and deduct it as a loss.
The "credit card debt loophole" refers to certain strategies people use to minimize or eliminate credit card debt. Common methods that fall under this umbrella include: Transferring debt to cards with low or 0% interest rates for a promotional period.
Under the Fair Credit Reporting Act (FCRA), most negative information, including unpaid credit card debt, must be removed from your credit report after seven years. This seven-year period typically begins 180 days after the account first becomes delinquent.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
Old (Time-Barred) Debts
In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.