Typically, a credit card company will write off a debt when it considers it uncollectable. In most cases, this happens after you have not made any payments for at least six months. However, each creditor has a different process for determining whether a debt is uncollectable.
Most negative items should automatically fall off your credit reports seven years from the date of your first missed payment, at which point your credit scores may start rising. But if you are otherwise using credit responsibly, your score may rebound to its starting point within three months to six years.
Most credit card companies are unlikely to forgive all your credit card debt, but they do occasionally accept a smaller amount in settlement of the balance due and forgive the rest. The credit card company might write off your debt, but this doesn't get rid of the debt—it's often sold to a collector.
Many credit card companies are offering some form of financial relief to customers impacted by the coronavirus pandemic. In order to take advantage of any of these relief programs, you'll need to first contact your provider to formally request financial assistance.
Ask for a raise at work or move to a higher-paying job, if you can. Get a side-hustle. Start to sell valuable things, like furniture or expensive jewelry, to cover the outstanding debt. Ask for assistance: Contact your lenders and creditors and ask about lowering your monthly payment, interest rate or both.
You could end up with a debt collection lawsuit and a judgment if you don't pay your credit card bill over time.
Typically, a creditor will agree to accept 40% to 50% of the debt you owe, although it could be as much as 80%, depending on whether you're dealing with a debt collector or the original creditor. In either case, your first lump-sum offer should be well below the 40% to 50% range to provide some room for negotiation.
Most creditors are able to consider writing off their debt when they are convinced that your situation means that pursuing the debt is unlikely to be successful, especially if the amount is small.
Fortunately, your home is safe from any creditors who do not have a mortgage or lien on it. Credit card companies and other unsecured loan holders can't come and simply take your property or home after missing a few payments. A creditor will first start making collection attempts by mail, phone calls or other methods.
Don't Ignore a Charge-Off
A charge-off is a serious financial problem that can hurt your ability to qualify for new credit. "Many lenders, especially mortgage lenders, won't lend to borrowers with unpaid charge-offs and will require that you pay it in full before they approve you for a loan," says Tayne.
When you stop making credit card payments, you could not only be charged late fees and higher penalty interest rates but also take a hit on your credit. If your unpaid balance lingers for too long, your account may go to collections, and you could be served with a debt collection lawsuit.
You aren't off the hook for unpaid credit card debt after 7 years. If you are still within your state's statute of limitations, you may want to work with debt collectors to settle the debt rather than risk being sued.
A statute of limitations is a law that tells you how long someone has to sue you. In California, most credit card companies and their debt collectors have only four years to do so. Once that period elapses, the credit card company or collector loses its right to file a lawsuit against you.
Credit card companies sue for non-payment in about 15% of collection cases. Usually debt holders only have to worry about lawsuits if their accounts become 180-days past due and charge off, or default.
In California, the statute of limitations for consumer debt is four years. This means a creditor can't prevail in court after four years have passed, making the debt essentially uncollectable.
For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts. If your home is repossessed and you still owe money on your mortgage, the time limit is 6 years for the interest on the mortgage and 12 years on the main amount.
A debt collector gains access to your bank account through a legal process called garnishment. If one of your debts goes unpaid, a creditor—or a debt collector that it hires—may obtain a court order to freeze your bank account and pull out money to cover the debt.
1) Asking a creditor to agree to a debt write-off
You will have to show the creditor that it is within their interests to write-off the debt as your circumstances mean you cannot afford to repay the debt and that your situation is unlikely to change in the long term.
While a debt written off means you are no longer responsible for its repayment, the debt doesn't simply disappear. It will be listed on your credit file as paid or partially paid – partially paid debts may impact on your credit score, making it more difficult for you to get credit in the future.
Generally speaking, having a debt listed as paid in full on your credit reports sends a more positive signal to lenders than having one or more debts listed as settled. Payment history accounts for 35% of your FICO credit score, so the fewer negative marks you have—such as late payments or settled debts—the better.
While you legally can buy a house soon after a debt settlement, it's not the right move for everyone, and you don't want to go from one financial hardship to another. However, many people want to become homeowners for the equity, neighborhood, and other perks.
Failure to pay credit card debt is not a crime in the United States. The US have debunked debt imprisonment in the 1950's which decriminalized the act.