Debt Relief 101

Which debt relief option actually fits

Six kinds of business advertise under the same "debt relief" banner. They differ in who pays, what it costs, how long it takes, and what your credit report looks like at the end. Here is the honest version of each, with the federal rules that govern them.

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Credit and Debt Counseling

Counselors review your whole budget, then often propose a debt management plan that rolls unsecured balances into one monthly payment at a reduced interest rate. Nonprofit agencies are the standard here, and a genuine session should include a full budget review before anything is sold to you.

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Debt Relief Services

General debt relief and consolidation offices, which package several balances into one program or one payment. Ask exactly which service you are buying, because the term covers everything from a referral to a full settlement program.

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Debt Settlement

Settlement firms negotiate with creditors to accept less than the full balance, normally after you save into a dedicated account for months. Federal rules bar any fee before a debt is actually settled.

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Credit Repair

Credit repair companies dispute items on your credit reports on your behalf. Nothing they can legally do is something you cannot do yourself for free, and federal law bars them from charging before services are performed or promising to remove accurate information.

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Tax Debt Relief

Tax resolution offices handle IRS and state back taxes: installment agreements, offers in compromise, penalty abatement, and lien or levy releases.

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Bankruptcy Help

Attorneys and offices that handle consumer bankruptcy filings, plus the credit counseling and debtor education certificates the court requires before and after a case.

The cost comparison nobody puts in the ad

OptionRepay in full?Typical costTypical length
Do it yourself payoffYes, plus interestFreeYour budget decides
Debt management planYes, at a cut rateUnder $75 setup, under $60 a month36 to 60 months
Consolidation loanYes, at a new rateOrigination fee plus interest24 to 84 months
Debt settlementNo, less than full15 to 25 percent of enrolled debt24 to 48 months
Credit repairNot a repayment serviceMonthly fee, after service onlyOngoing
BankruptcyOften noFiling fee plus $1,500 to $4,5004 months to 5 years

Three rules that apply to all of them

  1. No fee before results. Debt settlement firms cannot charge until a debt is settled, and credit repair companies cannot charge until services are performed. Both are federal law.
  2. Nobody can remove accurate negative information from a credit report, and no one can get you federal student loan terms you cannot get yourself free at studentaid.gov.
  3. Get the fee schedule in writing before you enroll. A provider that will not put its fees on paper has told you what you need to know.
Before you enroll in anything, price the alternativeMost bankruptcy attorneys give free consultations. Sitting through one costs you an hour and tells you what a four year settlement program is really competing against.

Where to check a provider

Every source below is free, non-commercial, and worth ten minutes:

Common questions

Is there a government program that forgives credit card debt?

No. There is no federal program that erases consumer credit card debt. Ads implying a new law or stimulus wiped out card balances are misleading. Federal programs exist for student loans and for tax debt, and both are free to apply for directly.

Can a debt relief company charge me before it settles anything?

No. Under the FTC's Telemarketing Sales Rule, a company selling debt relief services by phone cannot collect any fee until it has settled or resolved at least one of your debts and you have made a payment toward that settlement. An advance fee is the clearest sign of a bad actor.

Will debt settlement ruin my credit?

It will damage it significantly. Settlement programs are funded by deliberately missing payments for months, and each missed payment, the charge-off, and the final 'settled for less than the full balance' notation are all reported. Expect the cluster to stay on your report for seven years from the original delinquency.

Do I owe tax on debt that gets forgiven?

Usually yes. Forgiven debt of $600 or more is reported to the IRS on Form 1099-C and is generally taxable income, unless an exclusion applies. The most common exclusion is insolvency, which you claim on Form 982. Debt discharged in bankruptcy is never taxable.

What is the difference between credit counseling and debt settlement?

Credit counseling repays your balances in full at a reduced interest rate through a debt management plan, and costs a small monthly fee. Settlement pays less than the full balance, costs 15 to 25 percent of enrolled debt, and requires months of missed payments first.

Can a debt collector garnish my wages?

Only after suing you and winning a judgment, and even then federal law caps ordinary garnishment at the lesser of 25 percent of disposable earnings or the amount above 30 times the federal minimum wage. Federal student loans and tax debt follow separate rules and do not require a lawsuit.

General information, not legal, tax, or financial advice. Read the full guides for the detail behind each answer: how settlement works, debt management plans, taxes on forgiven debt, Chapter 7 vs Chapter 13.