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How to Get Out of Credit Card Debt Legally: A 5-Step Guide

Getting out of debt legally may mean repaying what you owe, asking for debts to be forgiven, or something in between.

credit card debt
Updated July 12, 2024
Written by Rachel Alulis
Here at MoneyFor, our goal is to help you make informed financial decisions. We are committed to accuracy and impartiality in all our content. It’s important to note that articles may reference products from our partners who compensate us. This influences which products we feature and their presentation on our site, not our evaluation.

Key takeaways

  • Learn how to quickly pay off credit card debt through consolidation, settlement, or debt management plans.
  • Stopping credit card payments has severe consequences.
  • Rebuilding your credit score and adopting better financial habits are essential for achieving long-term financial stability.

Get out of credit card debt legally and restart your financial life. It’s not easy paying off outstanding credit card balances, especially when they keep growing month after month. Interest rates are still going up, making it even harder to pay off what you owe.

The good news is that there are strategies to help you escape credit card debt. Some provide temporary financial relief, while others offer credit card forgiveness.

Read on if you want to know how to stop paying credit cards legally and become free.

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Understanding credit card debt

Credit card debt is incredibly common. This is when you do not pay your credit card bill in full and instead carry a balance from month to month. This practice often results in high interest charges that make it challenging to pay off. According to the Federal Reserve Bank of New York, American credit card debt grew to $1.115 trillion in the first quarter of 2024.

Credit card companies are notorious for charging high interest rates. The average APR (annual percentage rate) is currently 21.51%. An interest rate this high can quickly escalate the total amount owed. Furthermore, creditors usually only require minimum payments that are 1% to 4% of your balance. Minimum credit card payments may seem reasonable. The catch is that the minimum payment charged by the credit card company often only covers the accrued interest and barely reduces the principal balance. This means that it will take you years of only paying the minimum to make a dent in what you owe.

The consequences of not paying credit card debt

Choosing to stop paying your credit card debts is usually not the answer. This action can have long-lasting and very serious consequences. When you first miss a payment, the credit card company will charge a late fee and a penalty APR (higher than the usual APR). Once your payment is over 30 days late, creditors will report it. It will go on your credit reports, drastically lowering your score.

If the account remains unpaid for an extended period, creditors will turn it over to a debt collector. Debt collectors are often more aggressive in their collection tactics and may take legal action to recover the money.

Understanding what happens when you stop paying credit cards emphasizes the importance of addressing outstanding balances proactively. Numerous credit card solutions are available to help you pay what you owe effectively and avoid these severe repercussions.

Alternatives to bankruptcy

When facing outstanding credit card debt, bankruptcy filing might seem like the only option, but there are viable alternatives to try first. One such alternative is negotiating a reduced payment, which can be an effective strategy for those seeking help with credit card debt over $10,000.

Debt settlement: A legal option

Debt settlement is when you or a third party negotiates with creditors to accept a lump sum payment that is less than the total amount you owe. This approach can be the quickest way to pay off credit card debt, especially if you’re dealing with large sums.

When you settle a bill for a reduced amount, your score will suffer. This is because you will have to stop making payments as you negotiate a settlement offer. If the forgiven amount is over $600, it is considered taxable income by the IRS. Additionally, if you work with a debt settlement company, they will charge a fee of 15% to 25% of the original amount.

Despite these drawbacks, debt settlement programs remain a legal and viable option.

Debt consolidation loan: A viable alternative

Debt consolidation is a popular method to pay off credit card debts efficiently and save money doing so. Consolidation simplifies the repayment process by merging multiple balances into a single loan with a lower interest rate.

Combining debts into one loan

You apply for a debt consolidation loan and use the new loan to pay the creditors you owe money to. You are then left with one more affordable monthly payment. The single bill will make it easier to manage your finances and less likely to miss payments.

Loans often have much lower APRs of only 8% to 12% on average. A consolidation loan can significantly reduce the amount of interest you pay. When you pay less interest, more of your payment goes toward the principal balance, helping you pay everything off faster.

Consolidation can be the ticket to a debt free future.

Learn how to consolidate debt without hurting your score!

Debt relief options

There are several effective ways to seek relief and get out of debt. A debt management plan (DMP) can be a good place to start.

Debt management plan (DMP)

A debt management plan (DMP) is a structured repayment plan facilitated by nonprofit credit counseling agencies to help individuals pay off their debt balances efficiently. When you enroll in a DMP, a credit counselor works with you to create a manageable budget and negotiate with your creditors. Often, the creditor agrees to reduced interest rates and waived fees, making your monthly payments more affordable.

DMPs consolidate everything you owe into one monthly payment, which you then pay to the agency. The agency distributes these payments to your creditors, ensuring timely payments and helping you avoid fees. This structured approach not only simplifies the repayment process but also helps improve your score over time by maintaining consistent payments.

Read more about debt consolidation!

If your debt is an insurmountable burden, your best option may be to stop paying altogether. Bankruptcy is a legal way to stop paying your credit card bills and seek credit card forgiveness, but it is considered a last resort and should be entered into carefully.

Bankruptcy: A last resort

credit card debt

For those wondering how to get rid of credit card debt without paying, filing bankruptcy may be the answer. Bankruptcy is a legal process that can eliminate your obligation to pay certain debts. A bankruptcy filing does not cover everything. Debts that are excluded include child support, alimony, and most back tax.

There are two main types of bankruptcy: Chapter 7 and Chapter 13. Chapter 7 (liquidation bankruptcy) involves selling certain assets to pay off creditors. Chapter 13 (reorganization bankruptcy) allows you to keep your assets while repaying dues over three to five years based on a court-approved payment plan.

When you file bankruptcy, an automatic stay goes into effect, which prevents creditors and debt collectors from contacting you and pursuing payment.

While bankruptcy can provide a fresh start, it should be considered only after exploring all other options and consulting with a bankruptcy attorney.

Got payday loans?

Try payday loan consolidation.

Taking action

Tackling old balances requires a hands-on approach. You cannot simply wait for them to go away. And there’s no realistic way to get out of credit card debt without paying.

Gathering information and creating a plan

The first step is to gather all relevant information. Collect your credit card statements and list your outstanding balances, APRs, and minimum payments. Also, take note of your income, expenses, and any other debts you may have. In order to develop an effective repayment plan, you need to understand how much you owe, how much you earn, and where you can cut back to find more money.

Next, create a realistic budget that prioritizes credit card debts while covering essential living expenses. See if you have enough money to repay the debts on your own or if you need more drastic help.

If you need further guidance, talk to a credit counselor. They can help you make a monthly budget and determine the best method for paying everything you owe.

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Sticking to your plan

Once your plan is in place, it’s important to stick with it. Changing your plan can derail any progress you make. For instance, if you fail to make a monthly payment on a DMP, you may void the plan. Creditors may reinstate the original APR and fees the agency previously had gotten waived.

In order to get out of debt and stay out, it’s very important to avoid accumulating new credit card debt. Most people stop using their cards. Depending on the method you choose, you may be required to close accounts or your creditors may close them for you.

Avoiding scams

A few common red flags for debt relief scams include:

  • Upfront fees
  • Unsolicited calls, emails, or messages
  • Unrealistic promises such as quick fixes
  • Lack of transparency
  • High-pressure tactics and rushing you for a fast decision
  • Lack of licensing or accreditation

Always verify any company’s credentials and read reviews from the Better Business Bureau (BBB) before you sign up.

Rebuilding your credit score

Eliminating old balances is a significant achievement, but rebuilding your credit score is equally important. A higher score can open doors to better loan rates, housing options, lower insurance premiums, and more.

Credit scores are calculated by assessing the following factors:

  • Payment history
  • Amount used
  • Length of time you’ve had accounts
  • Mix of accounts
  • New inquiries

Building savings vs. paying creditors

Find out if it’s better to pay off debts or save money.

Payment history is the biggest factor in determining your score. You likely have a solid payment history if you went with a DMP or consolidation loan. However, if you chose bankruptcy or debt settlement, your payment history will need a lot of work.

Start by reviewing your credit report to ensure all debts settled or discharged are accurately reflected. Dispute any errors with the issuing bureau to prevent them from negatively impacting your score. You can get your credit report once a year for free at annualcreditreport.com.

Next, focus on establishing a history of timely payments. Consistently pay all your bills on time. It is also very important to keep your card usage low, below 30% of your limit. This shows lenders that you can be trusted to borrow money.

To maintain a good score, you will need to learn how to avoid credit card debt in the future. Adhere to a realistic budget so you can pay your bills on time and in full each month. Paying your balances in full will not only improve your score but will keep you out of debt.

By taking these steps, your score will improve and you can avoid owing money.

Frequently asked questions

1. What happens if I can’t afford to pay my credit cards anymore?

When you stop paying credit cards, the consequences can be severe. Initially, you’ll incur late fees, a penalty APR, and your score will drop. Eventually, your account will be sold to debt collectors who may take legal action in pursuit of payment.

2. Will I get sued if I stop paying my creditors?

Yes, creditors may eventually sue you to recover the money. Initially, they will attempt to collect through calls and letters, but if these efforts fail, they can file a lawsuit. If the court rules in their favor, they can garnish your wages or seize assets to satisfy the debt.

3. Can you be forced to pay credit card debt?

Yes, you can be forced to pay your debt through legal actions. If you fail to make payments, creditors can sue you and obtain a court judgment. This judgment allows them to garnish your wages, levy your bank accounts, or place liens on your property to collect the owed amount.

Bottom line

Managing and overcoming credit card debt can be challenging, but with the right strategies and support, it’s entirely possible. Some of the strategies discussed above will get you out of credit card debt without paying anything or a reduced amount but they can seriously hurt your score. Before you take drastic actions, explore consolidating or managing debt with professional help. You may be able to get out of credit card debt faster and for less.

If you’re determined to pay only a portion of what you owe, see if you can settle your debt or file bankruptcy. There are numerous ways to manage and reduce debt legally. Visit Moneyfor to find out more debt relief options.

Remember, achieving credit card forgiveness and financial stability requires patience, persistence, and informed decision-making. By taking the right steps now, you can pave the way for a debt-free future.

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About the author

Rachel Alulis

Rachel Alulis has been the lead editor for Moneyfor’s credit cards team since 2015 and for the financial rewards team since 2023. Before joining Moneyfor, Rachel worked at USA Today and the Des Moines Register. She then established a successful freelance writing and editing business specializing in personal finance. Rachel holds a bachelor’s degree in journalism and an MBA.

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