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Business debt relief

Business credit card debt

Who is really responsible for a business credit card, why most consumer card rules do not cover it, and what your options are when the business can no longer pay the balance.

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Who is liable for a business credit card?

Read the card agreement. Most cards issued to small businesses make the person who applied liable along with the business, often through a personal guarantee in the fine print. Some cards for larger companies put liability on the company alone, but that is less common for small firms.

If you are personally liable, the issuer can pursue you when the business stops paying, including after the business closes.

  • The application, which often includes a guarantee clause.
  • The cardholder agreement, under a heading such as "liability" or "personal guarantee".
  • Letters from the issuer that name you, not only the business.

Do the consumer credit card protections apply?

Mostly not. Regulation Z, the federal rule that carries the credit card protections consumers rely on, does not cover credit extended primarily for a business purpose (eCFR, opens in a new tab). So the consumer limits on rate increases and payment allocation generally do not reach business cards.

A few rules apply to every card, business or not. Under 12 CFR 1026.12 (eCFR, opens in a new tab), no card may be issued that nobody asked for, and the limits on liability for unauthorized use also reach business cards, with special terms when a business has 10 or more cards from one issuer.

Your card agreement sets most of the rules for your card, so read it before you negotiate.

What are the options when the business cannot pay?

Which option fits depends on whether the business is still open, whether you personally guaranteed the card, and how many other debts are pressing at the same time.

Options for business card debt, side by side
OptionHow it worksThe catch
A hardship planThe issuer lowers the rate or payment for a time, often after closing the cardNot every issuer offers one to business accounts
A negotiated settlementThe issuer accepts less than the balance, usually once the account is well past dueLate payments hurt credit first, and the issuer can sue
Paying from personal fundsYou keep the account current while the business recoversIt moves the risk onto your household
BankruptcyA court process for the business, for you, or bothSerious and lasting: talk to a bankruptcy attorney

What happens to your personal credit?

It depends on how the issuer reports. Issuers differ: some report a business card only to business credit bureaus while it is in good standing, then to your personal file once it goes seriously late, and others report to your personal file all along.

Either way, a settled or charged-off card is likely to hurt the credit of whoever is liable for it. Negative items can stay on a consumer credit report for up to seven years (CFPB, opens in a new tab).

Ask the issuer how the account is reported before you agree to anything.

How does settling a business card work?

Settlement means the issuer agrees to accept less than the full balance to close the account. Issuers usually consider it only once an account is well behind, and each issuer has its own policies. Interest and fees can keep adding up until then.

Get any offer in writing before paying, and make sure it releases both the business and you. A forgiven balance may be taxable income (IRS, opens in a new tab) to whoever owed it, so ask your accountant how it will be reported.

Fees apply to any negotiation service, ours included, so ask for them in writing first.

Where do we fit with business card debt?

Clear Financial Company negotiates business card balances alongside the rest of the business's debt, as part of business debt relief. If a card was used for household spending and is in your name alone, it may be consumer debt instead, with different rules and options.

If an issuer has sued you or the business, talk to an attorney before you negotiate, and do not miss the deadline to respond. A court judgment gives the issuer stronger ways to collect, so the response deadline on the papers comes first.

Things you should know

The downsides, stated plainly.

Read these before you talk to anyone about business debt, including us.

  • Business debt negotiation is not a loan and does not lower what you owe until a funder or lender agrees in writing.
  • Funders and lenders may keep collecting, report to business credit bureaus, or sue while talks go on. A personal guarantee can make you personally liable.
  • Merchant cash advance contracts differ. Some funders will not negotiate, and results depend on your contracts and your cash flow.
  • Forgiven business debt may be taxable. Talk to your accountant before you agree to any settlement.
  • We do not give legal or tax advice. If you have been sued or served, talk to a business attorney right away.
  • Fees apply. Ask for every fee in writing before you agree to anything, with us or anyone else.

Notes on the figures and claims above

  1. 1Business debt negotiation results depend on your contracts, your funders and lenders, and your cash flow. No outcome is guaranteed. Funders and lenders may keep collecting, report to business credit bureaus or sue, and a personal guarantee can make you personally liable. Forgiven business debt may be taxable.

Straight answers

Business credit cards: quick answers.

Rather hear it from a person? 866-659-7966

Will settling a business card hurt my personal credit?

It can, if you are personally liable and the issuer reports to the consumer credit bureaus. Ask the issuer how the account is reported before you agree to a settlement.

Can the issuer sue me personally?

Yes, if you are liable under the card agreement or a personal guarantee. The issuer can sue the business, you, or both.

Should I pay the cards off with a new advance or loan?

Be careful. Replacing card debt with a merchant cash advance can mean daily debits and less room to negotiate later. We do not offer loans or advances.

Next step

Cards the business cannot carry? Talk to a real person.

Call 866-659-7966, or start with the four short steps. Nothing is signed until you say yes.

Online enrollment is open in Florida, Georgia, Texas and California.

Four short steps

Your estimate first. Contact details last.

  1. 1How much you owea close guess is fine
  2. 2What kinds of debtpick all that apply
  3. 3Which state you live inchecked before anything else
  4. 4Your estimate, then a real person if you want one
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