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MoneyWatch: Managing Your Money
By Angelica Leicht
Edited By Matt Richardson
/ CBS News
Over the last couple of years, persistent inflation has caused the cost of consumer goods to soar, causing an increase in money issues for many Americans. And, the higher cost of necessities like gas, groceries and housing is happening at a time when interest rates are also high. So, relying on short-term borrowing options, like credit cards, to fill in the gaps between paychecks has become a riskier and more expensive proposition.
The nature of credit card debt makes it particularly prone to rapid escalation. After all, things like late fees, over-the-limit charges and the compounding effect of interest on interest can transform a manageable balance into an overwhelming financial burden in a matter of months. However, the high cost of carrying a credit card balance in today's elevated rate environment doesn't appear to be deterring Americans' credit card usage, even as credit card rates close in on an average of 22%.
Recent studies show that a growing number of consumers are severely behind on their credit card payments, the consequences of which can be severe and far-reaching. Defaulting on your credit card debt can devastate your credit score and open the door to aggressive collection efforts, potential lawsuits and years of financial stress. But what happens to unpaid credit card debt at the seven-year mark? That's what we will explain below.
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What happens to unpaid credit card debt after 7 years?
The seven-year mark is significant in the life cycle of unpaid credit card debt due to two key factors: credit reporting and the statute of limitations.
Credit reporting
Under the Fair Credit Reporting Act (FCRA), most negative information, including unpaid credit card debt, must be removed from your credit report after seven years. This seven-year period typically begins 180 days after the account first becomes delinquent.
Once this time has passed, the debt should no longer appear on your credit report. This doesn't mean the debt is forgiven or that you no longer owe it, but it does mean that future lenders won't see this particular negative item when reviewing your credit history.
That, in turn, can have a positive impact on your credit score. When the old credit card debts fall off, your score should, in theory, improve, as there is no longer a blemish on your credit report related to the delinquent credit card debt.
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Statute of limitations
The other key factor is the statute of limitations, which is the time during which a creditor can sue you to collect a debt. This time frame varies by state and type of debt but typically ranges from three to six years for credit card debt. So, by the seven-year mark, most creditors will be unable to sue you over your unpaid credit card debt. In some states, though, the statute of limitations can be as long as 15 years.
After the statute of limitations expires, the debt becomes "time-barred." While creditors can still attempt to collect the debt, they can't sue you for it. However, it's crucial to note that in some jurisdictions, making a payment or even acknowledging the debt can restart the statute of limitations clock.
It's important to understand that while these two factors provide some protection after seven years, they don't erase the debt itself. The original creditor or a collection agency can still attempt to collect the debt indefinitely, although their options for doing so become more limited over time — and the debt will fall off of your credit report.
Can I remove unpaid credit card debt from my credit report now?
If waiting seven years for negative information to fall off your credit report seems like a long time, there may be ways to address the issue sooner:
- Dispute inaccurate information: If the information about your unpaid credit card debt on your credit report is inaccurate, you have the right to dispute it. The credit bureaus are required to investigate and correct any errors. This could potentially lead to the removal of the negative item if it's found to be inaccurate.
- Negotiate with the creditor: In some cases, you may be able to negotiate with the creditor, either with the help of a debt relief company or on your own, to settle the debt for less than what is owed in exchange for a lump-sum payment. This strategy isn't always successful as creditors aren't obligated to take a settlement that's lower than what you owe. However, it's worth attempting, as settling your credit card debt can get rid of the debt burden and positively impact your credit score compared to fully defaulting on what you owe.
- Request debt validation: If your debt has been sold to a collection agency, you have the right to request debt validation. If the collection agency can't prove that you owe the debt, they're required to remove it from your credit report.
- Ask for a goodwill deletion: If you've paid off the debt and have otherwise maintained a good payment history, you could write a goodwill letter to the creditor asking them to remove the negative mark as a gesture of goodwill. This approach is more likely to succeed if you have a long-standing relationship with the creditor and if the late payment was an isolated incident.
Remember, though, that while these methods can potentially help in some situations, it's important to approach them cautiously and understand their limitations. You should also understand that in many cases, accurate negative information will remain on your credit report for the full seven-year period.
The bottom line
Navigating credit card debt can be challenging, especially in today's economic climate. However, by understanding your rights, the timeline for negative information and your options for addressing debt, you can make informed decisions about your financial future. Whether you're dealing with current debt or recovering from past financial difficulties, remember that there are resources and strategies available to help you move toward a healthier financial position.
Angelica Leicht
Angelica Leicht is senior editor for Managing Your Money, where she writes and edits articles on a range of personal finance topics. Angelica previously held editing roles at The Simple Dollar, Interest, HousingWire and other financial publications.