Get Rid of Credit Card Debt in Florida | Peck Law Firm

Yes, you can legally get rid of credit card debt without paying the full balance. In Florida, options like Chapter 7 bankruptcy can discharge credit card debt entirely, while Chapter 13 lets you repay only a portion over time. You are not automatically on the hook for every dollar a creditor claims you owe. If you are a Florida resident dealing with overwhelming credit card balances, knowing your legal options can mean the difference between years of financial struggle and a genuine fresh start.

What Are Your Real Options for Eliminating Credit Card Debt in Florida?

Credit card debt is unsecured debt. That means it is not tied to your house or car the way a mortgage or auto loan is. Because of that, it is actually one of the most dischargeable types of debt under federal bankruptcy law.

Here are the most powerful legal tools available to Florida residents:

Chapter 7 Bankruptcy (Total Discharge)

• What it does: Eliminates most or all of your unsecured credit card debt, often in as little as 3 to 6 months.
• Who qualifies: Federal bankruptcy law requires most debtors to complete a means test that considers household income and other factors to determine Chapter 7 eligibility. You must pass the means test, which compares your income to Florida's median income. Many people earning below the median qualify automatically.
• What it costs you: Nothing more than the filing fee and legal fees. You do not pay your credit card balances back.
• What it protects: Florida has strong bankruptcy exemptions, including your homestead, retirement accounts, and a portion of your personal property.

Chapter 13 Bankruptcy (Partial Repayment Plan)

• What it does: You repay a structured portion of what you owe over 3 to 5 years. Whatever balance remains on unsecured debts like credit cards at the end of the plan is discharged.
• Who qualifies: People with regular income who do not qualify for Chapter 7 or who have assets or mortgage arrears they need to protect.
• What it costs you: Monthly plan payments based on what you can reasonably afford, not what your creditors are demanding.
• Why it works: You may end up paying back pennies on the dollar. Creditors get what the court approves, not what they want.

Credit Card Debt Defense (Lawsuit Defense)

• What it does: If a creditor has sued you or obtained a judgment against you, an attorney can challenge the lawsuit on procedural grounds, expired statutes of limitations, improper documentation, or other defenses.
• Who it helps: People who have been sued by a credit card company or debt buyer and do not know their rights.
• What it can achieve: Dismissal of the lawsuit, negotiated settlement, or reduced judgment amount.

At Peck Law Firm, P.A., Attorney Rick Peck works with everyday Floridians in Hernando County, Citrus County, and the Spring Hill area to find the right path out of debt. The goal is never to push every client into bankruptcy. It is to find what actually works for your situation.

How Bankruptcy Really Works for Credit Card Debt in Florida

A lot of people imagine bankruptcy as a dramatic, shameful event. In reality, it is a federal legal process specifically designed to give people in financial hardship a way forward. Title 11 of the United States Code is the law that governs it, and millions of Americans have used it.

What Happens to Your Credit Card Debt in Chapter 7

When you file Chapter 7 bankruptcy, an automatic stay goes into effect immediately. That means:

• Creditor calls stop the moment you file. Collectors legally cannot contact you as the automatic stay generally prohibits most collection activity immediately upon filing, including many collection calls and collection efforts.
• Lawsuits pause. Any active collection lawsuit is halted.
• Wage garnishments stop. If a creditor was already garnishing your paycheck, that ends.

Then, within roughly 3 to 6 months, the court issues a discharge. At that point, your credit card balances are legally wiped out. You do not owe them. The creditors cannot come after you for those debts again.

For most Chapter 7 filers, this is a clean slate.

What Happens to Your Credit Card Debt in Chapter 13

Chapter 13 works differently. The court approves a repayment plan based on what you can afford each month. Unsecured creditors like credit card companies are paid last, and only after secured debts and priority debts are addressed. In many Chapter 13 cases, unsecured creditors receive very little, sometimes nothing. At the plan's end, the remaining balances are discharged.

What Debts Cannot Be Discharged

Not everything disappears in bankruptcy. These generally cannot be discharged:

• Student loans (with rare exceptions through an adversary proceeding)
• Recent tax debts (most income taxes under 3 years old)
• Child support and alimony
• Debts from fraud or intentional wrongdoing

Credit card debt, medical bills, personal loans, and most other consumer unsecured debts are dischargeable.

The Means Test: Do You Qualify?

The means test uses your household income and size to determine whether you qualify for Chapter 7. If your income is below Florida's median for your household size, you pass automatically. If it is above, there is a secondary calculation. An attorney can run this analysis for you quickly.

Florida's median income figures are updated regularly. The U.S. Trustee Program publishes current figures.

What About Debt Settlement Companies? Why Attorneys Are Different

You have probably seen ads for debt settlement companies. These are not law firms. They cannot represent you in court, file bankruptcy on your behalf, stop a lawsuit, or protect you under Florida's consumer protection laws.

Here is what debt settlement companies typically do:

• Ask you to stop paying your creditors and deposit money into a special account instead.
• Negotiate a lump-sum settlement once enough money has accumulated.
• Charge significant fees, often 15 to 25 percent of the enrolled debt.
• Leave you exposed to lawsuits, growing balances, and damaged credit during the process, which can take 2 to 4 years.

Meanwhile, depending on the creditor and account terms, balances may continue to accrue interest, fees, or penalties during the settlement process. Creditors may sue you before the company ever settles. And there is no legal protection during the process.

An attorney offers something entirely different:

• Legal protection. A bankruptcy filing triggers federal protections immediately.
• Court representation. If you are sued over a debt, an attorney can defend you.
• FCCPA protection. Under the Florida Consumer Collection Practices Act, you have rights against abusive debt collectors, and an attorney can enforce them.
• Honest analysis. A qualified attorney will tell you if bankruptcy is not your best option, and what your alternatives actually are.

At Peck Law Firm, P.A., Attorney Richard K. Peck, IV focuses on the real legal tools that create lasting relief for Hernando County residents. That includes bankruptcy, foreclosure defense, debt collection harassment defense, and consumer rights under Florida law.

Frequently Asked Questions About Getting Rid of Credit Card Debt

Can I really walk away from credit card debt legally without paying it back?

Yes, through Chapter 7 bankruptcy, you can have credit card balances discharged, meaning legally eliminated, without paying them. You must qualify under the bankruptcy means test, but many Florida residents do. Once a discharge is granted, creditors cannot legally attempt to collect those debts.

Will I lose my home or car if I file bankruptcy in Florida?

Not necessarily. Florida has one of the strongest homestead exemptions in the country, which can protect your home's equity entirely in many cases. Your car may also be protected up to the applicable exemption amount. Chapter 13 is specifically designed to help people keep property while restructuring debt. An attorney can review your specific situation before you file.

How long does bankruptcy stay on my credit report?

Chapter 7 bankruptcy stays on your credit report for 10 years. Chapter 13 stays for 7 years. That sounds significant, but most people dealing with serious credit card debt already have damaged credit from missed payments, collections, and judgments. Many filers see their credit scores begin recovering within 12 to 24 months after discharge because the debt-to-income picture improves dramatically.

What happens if a credit card company sues me in Florida?

If you are served with a lawsuit over a credit card debt, you have a limited time to respond, typically 20 days in Florida. Ignoring a lawsuit may result in a default judgment. Depending on your circumstances and applicable exemptions under Florida law, a judgment creditor may pursue collection remedies, including bank levies and, in some cases, wage garnishment. An attorney can review the lawsuit, challenge improper claims, and explore whether bankruptcy or a negotiated settlement makes more sense for your situation. Do not wait.

Is it better to use a debt settlement company or a bankruptcy attorney?

For most people carrying serious unsecured debt in Florida, a qualified bankruptcy attorney provides stronger legal protections, a defined timeline, and court-enforced outcomes. Debt settlement companies operate outside the legal system, charge high fees, and cannot protect you if a creditor sues. If you are unsure which path fits your situation, a free consultation with an attorney costs you nothing and gives you clear, honest information.

Can Peck Law Firm help if I am being harassed by debt collectors?

Yes. If debt collectors are calling repeatedly, threatening you, or using abusive tactics, you may have a legal claim under the Florida Consumer Collection Practices Act. Peck Law Firm, P.A. handles debt collection harassment cases and can tell you whether collectors have crossed a legal line. In some cases, you may be entitled to damages.

You Have Legal Options. Here Is Your Next Step.

If you are carrying credit card debt that feels impossible to pay off, you are not out of options. Florida law gives you real tools: federal bankruptcy protection, consumer rights under state law, and access to an attorney who can fight in your corner.

Peck Law Firm, P.A. offers free, confidential consultations for Florida residents in Hernando County, Citrus County, Spring Hill, and surrounding communities. Attorney Richard K. Peck, IV will review your debt situation honestly, explain what options apply to your case, and help you understand what a genuine fresh start actually looks like for you.

You do not have to keep fielding collection calls, watching your balances grow, or wondering if there is a way out. There is. And it starts with one conversation.

Call Peck Law Firm, P.A. at (352) 835-7977 or visit pecklawfirmfl.com to schedule your free consultation today.

Want to see how Attorney Rick Peck explains bankruptcy in plain terms? Watch the firm's educational videos to get answers to the questions most people are too embarrassed to ask an attorney.