How do I legally discharge my credit card debt?

Asked by: Luther Stokes Jr.  |  Last update: March 1, 2025
Score: 4.9/5 (63 votes)

Discharging Credit Card Debt Should you successfully complete your Chapter 13 repayment plan after the three- to five-year period, the bankruptcy court then may discharge the remainder of your unsecured debt, such as credit card debt.

How can I legally get rid of my credit card debt?

How to Wipe Out Credit Card Debt
  1. Debt Settlement. Debt settlement is a process that involves negotiating with creditors to pay less than the full amount you owe. ...
  2. Debt Management Plan (DMP) A debt management plan (DMP) is a special payment plan you can enroll in through a nonprofit credit counseling agency. ...
  3. Bankruptcy.

What percentage will a credit card company settle for?

What Is A Good Settlement Offer For A Credit Card? 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.

Is it legal for a credit card company to sell your debt?

The short answer is yes, credit card companies have the legal right to sell delinquent accounts to third-party debt buyers. This practice is explicitly permitted under federal law and regulated by the Fair Debt Collection Practices Act (FDCPA) and other consumer protection statutes.

Is there forgiveness for credit card debt?

While it's highly improbable that a credit card issuer would completely erase your debt outside of bankruptcy proceedings, you might have the option to negotiate with your creditors for a partial reduction of your outstanding balance.

How to Discharge Credit Card Debt

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Is there a government program for credit card relief?

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.

What is the debt forgiveness rule?

In simple terms, the debt forgiveness rules apply when a “commercial debt obligation” has been settled for an amount that is less than the full amount owing (i.e., the “forgiven amount”). A commercial debt obligation is generally a debt obligation on which interest, if charged, is deductible in computing income.

What is the 11 word phrase to stop debt collectors?

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

What not to say to a debt collector?

If you get an unexpected call from a debt collector, here are several things you should never tell them:
  • Don't Admit the Debt. Even if you think you recognize the debt, don't say anything. ...
  • Don't provide bank account information or other personal information. ...
  • Document any agreements you reach with the debt collector.

How long before a debt becomes uncollectible?

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.

Is it better to settle collections or pay in full?

It's better to pay off a debt in full than settle when possible. This will look better on your credit report and potentially help your score recover faster. Debt settlement is still a good option if you can't fully pay off your past-due debt.

Is freedom debt relief legit?

Freedom Debt Relief is a legitimate debt settlement company founded in 2002. It's accredited by the Better Business Bureau (BBB) with an A+ rating and holds an accreditation from the American Association for Debt Resolution (AADR).

What happens if I don't pay my credit card for 5 years?

The longer you go without paying, the more likely you are to rack up fees, damage your credit score, see your interest rate soar, be harassed by debt collectors, and even face legal issues.

What is the Debt Forgiveness Act?

Updated September 5, 2019 — The Mortgage Forgiveness Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualify for this relief.

What is the loophole of credit card debt?

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.

What is the National Debt Relief Hardship Program?

National Debt Relief is a debt settlement company that works with borrowers who are significantly behind on payments. This company negotiates with major credit card issuers and banks to reduce most types of unsecured debt, including: Credit cards. Personal loans.

What's the worst a debt collector can do?

Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.

What are two things that debt collectors are not allowed to do?

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

How to legally beat debt collectors?

Here are a few suggestions that might work in your favor:
  1. Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
  2. Dispute the debt on your credit reports. ...
  3. Lodge a complaint. ...
  4. Respond to a lawsuit. ...
  5. Hire an attorney.

What is the 777 rule with debt collectors?

Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.

How to outsmart a debt collector?

6 steps for dealing with a debt collector
  1. Don't give in to pressure to pay on first contact. ...
  2. Gather the facts. ...
  3. Know your rights around communicating with debt collectors. ...
  4. Submit a complaint if the debt collector violates your rights. ...
  5. Never ignore a court summons for debt collection.

What is debt forgiveness called?

Debt relief or debt cancellation is the partial or total forgiveness of debt, or the slowing or stopping of debt growth, owed by individuals, corporations, or nations. From antiquity through the 19th century, it refers to domestic debts, in particular agricultural debts and freeing of debt slaves.

Does the US government have a debt relief program?

Key Takeaways. There aren't any free government debt relief programs for credit card or personal loan debt other than bankruptcy. Many types of government debt relief exist in the form of grants and low-interest loans for specific purposes.

Can credit card debt be forgiven?

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.

How to discharge debt?

Courts can issue a discharge ruling when the debtor meets the discharge requirements under Chapter 7 or Chapter 11 of federal bankruptcy law, or the ruling is based on a debt canceling. A canceling of debt happens when the lender agrees that the rest of the debt is forgiven.