How to Eliminate Debt Claims

There are two primary ways to eliminate a debt claim. The first method, which is more commonly used, is to declare bankruptcy. The second is to prove the claim is illegal because of the way it was issued or other factors. Both methods take a significant amount of time and effort on your part. However, if either method is successful, the debt claim and all debt judgments associated with that claim will be removed.

Instructions

Remove a Debt Claim through Bankruptcy

1

Determine if you are eligible for Chapter 7 Bankruptcy.

2

File for Chapter 7 through your local court or with your attorney's assistance.

3

Obtain a record of all debts through a credit report or through the court itself.

4

Work with a judge to have debts settled through the liquidation of assets.

5

Verify all debt claims have been satisfied upon completion of your bankruptcy case.

Remove an Illegal Debt Claim

6

Obtain a current copy of your credit report to locate the legal names and addresses of all lenders with claims against you.

7

Send a letter to each lender requesting they validate the debt listed on your credit report. Save a copy of this letter with the date it was sent. Wait 30 days for a response.

8

Send a second letter stating they have violated the Fair Debt Collection Practices Act (FDCPA) if no response is issued. Wait an additional 20 days.

9

File a complaint in small claims court against the lender for violating the FDCPA.

10

Ask the debt claim be removed by the court. Ensure your credit report is restored upon removal of the claim.