Creditors
Settling with your card issuer
How credit card debt settlement works with the company that issued the card: when an account is charged off, when it is sold, who you can settle with, and what to get in writing first.
Who handles your card debt after you fall behind?
At first, your card issuer does. The original creditor (CFPB, opens in a new tab) is the company that gave you the credit, and it may collect a past-due account itself, hire a debt collector, or sell the account to someone else.
Who holds the account matters, because only the owner, or a collector it authorizes, can agree to settle it. It also changes which federal rules apply.
| Who contacts you | Who owns the debt | Federal debt collection law (FDCPA) |
|---|---|---|
| The card issuer's own collections team | The issuer | Generally does not apply |
| A collection agency hired by the issuer | The issuer | Applies |
| A debt buyer, or a collector working for one | The buyer | Applies |
| A collection lawyer | The issuer or the buyer | Applies |
The table follows the CFPB's explanation of who counts as a debt collector (CFPB, opens in a new tab); state laws may add more protections.
When does a card issuer charge off an account, and sell it?
Banks follow a federal policy that generally has them charge off card accounts (OCC, opens in a new tab) at 180 days past due. A charge-off is an accounting step. It does not cancel the debt, and you still owe it.
After charge-off, the issuer decides what happens next. It may keep the account with its own recovery team, place it with a collection agency, or sell it.
Selling is common. In an FTC study of the largest debt buyers, most of the debt they bought, by dollar amount, was credit card debt, and buyers paid about 4 cents on the dollar (FTC, opens in a new tab) on average. What a buyer paid does not set what it will accept from you.
If a debt buyer now owns your account, our guides to specific collectors can help.
Debt collector
Midland Credit Management
Owned by Encore Capital Group. Who it is, your rights, and settling.
Debt collector
LVNV Funding
A debt buyer whose accounts Resurgent Capital Services collects.
Debt collector
Portfolio Recovery Associates
Owned by PRA Group. The CFPB orders, lawsuits, and settling.
What rights do you have with a card issuer, and with a collector?
With the issuer, your card agreement and state law set most of the rules. The federal debt collection law generally does not cover (CFPB, opens in a new tab) an original creditor collecting its own debt.
Once a collector or a debt buyer is involved, the FDCPA and Regulation F apply. You then get a validation notice (CFPB, opens in a new tab), and 30 days to dispute the debt in writing.
- Keep every letter, and write down the date and name for each call.
- Ask who owns the account now before you negotiate or pay.
- Check the age of the debt: most states allow lawsuits for three to six years (CFPB (CFPB, opens in a new tab)).
- If you are sued, answer by the court deadline and consider finding a lawyer (CFPB, opens in a new tab).
How does settling with a card issuer work?
Settling means the owner of the account agrees to take less than the full balance as payment in full. Each issuer has its own practices, and each account is decided on its own facts. Nothing is certain, and we do not publish settlement rates for any issuer.
Whatever you agree, get it in writing before you pay.
- Confirm who owns the account today: the issuer, or a buyer.
- Get the offer in writing, with the amount and the payment dates.
- Make sure it says the payment settles the account in full.
- Ask how the account will be reported to the credit bureaus.
- Pay from an account you control, and keep the letter and your proof.
- Expect a possible Form 1099-C (IRS, opens in a new tab) if $600 or more is forgiven. Some people owe no tax, for example if they were insolvent (IRS, opens in a new tab).
We are writing guides to settling with specific card issuers. Coming soon: Capital One, Chase, Discover, American Express, Citi and Synchrony. We are not affiliated with any card issuer.
What would Clear Financial do with your card accounts?
If you have $10,000 or more of unsecured debt in total, your cards can be enrolled together, whether the issuer still holds them or a collector does. We negotiate each account separately, and you approve every settlement before a dollar is paid1.
While you save, your credit score will drop and issuers can keep collecting or sue. Settlement is not the right fit for everyone.
Things you should know
The downsides, stated plainly.
Read these before you enroll anywhere, including with us. They apply to every debt settlement program.
- Your credit score will drop during the program, and late payments stay on your credit report.
- Creditors may keep collecting while you save, and they can sue. The program does not stop legal action.
- Interest and late fees can keep adding to your balances until each account settles.
- Forgiven debt may be taxable income. A creditor may send you IRS Form 1099-C.
- Fees apply. The fee is a percentage of your enrolled debt, set individually, and charged only after a settlement is reached.
- Not all creditors agree to settle, and not everyone completes the program.
- We do not guarantee any amount, percentage or timeline.
- Debt settlement is not available in all states. We are not a nonprofit or a credit counseling service, and we do not lend money.
- We do not give legal or tax advice. Talk to an attorney or a tax professional about your situation.
Notes on the figures and claims above
- 1Whether an account settles, and for how much, depends on the creditor and the account. Not all debts settle, and we do not know any issuer's internal policies. A settled account is reported as settled for less than the full balance, and forgiven debt may be taxable. Fees apply to accounts settled through our program.
Straight answers
Settling with a card issuer, straight answers.
Rather hear it from a person? 866-659-7966
Can I settle a credit card with the original creditor?
Often, if the issuer still owns the account. After it is sold, only the new owner or its collector can settle it. Ask who owns the account before you negotiate.
When will my card issuer sell my debt?
There is no set date. Banks generally charge off card accounts at 180 days past due, and after that the issuer may keep the account, place it with a collector, or sell it.
Does settling a credit card hurt my credit?
Yes. The account is usually reported as settled for less than the full balance, and late payments before the settlement stay on your report, generally for up to seven years.
Do I owe taxes on a settled credit card?
You may. Forgiven debt can count as income, and the creditor may send Form 1099-C. Exceptions such as insolvency can apply, so talk to a tax professional.
Sources
Where the facts on this page come from. Each link opens the original in a new tab.
- 01 OCC Bulletin 2000-20: Uniform Retail Credit Classification and Account Management Policy (charge-off timing) (opens in a new tab)
- 02 CFPB What is an original creditor and what is the difference between an original creditor and a debt collector? (opens in a new tab)
- 03 CFPB What laws limit what debt collectors can say or do? (opens in a new tab)
- 04 FTC FTC study shines a light on the debt buying industry (Jan. 30, 2013) (opens in a new tab)
- 05 CFPB What information does a debt collector have to give me about a debt? (opens in a new tab)
- 06 CFPB Can debt collectors collect a debt that’s several years old? (opens in a new tab)
- 07 CFPB How do I find a lawyer to help me with a creditor or collector? (opens in a new tab)
- 08 CFPB How long does information stay on my credit report? (opens in a new tab)
- 09 IRS About Form 1099-C, Cancellation of Debt (opens in a new tab)
- 10 IRS Topic no. 431, Canceled debt: Is it taxable or not? (opens in a new tab)
Next step
Several cards, one plan?
Check your state and see an illustrative estimate across all your unsecured debt, fee included. Nothing is signed until you say yes.
Four short steps
Your estimate first. Contact details last.
- 1How much you owea close guess is fine
- 2What kinds of debtpick all that apply
- 3Which state you live inchecked before anything else
- 4Your estimate, then a real person if you want one