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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/lawyer/robert-rogers Robert Rogers], Hamilton Duncan|date= October 2017}} {{Dial-A-Law TOC|expanded = money}}
Being in debt is stressful, and can seriously affect your daily life. The good news is there are options for getting out of debt — and people who can help.


{{Dial-A-Law TOC|expanded = credit}}
==What you should know==
Being in debt is stressful. Falling behind in your payments can seriously affect your daily life. The good news is there are a number of options for getting out of debt.
===You have options for getting out of debt===
Whether you’re deep in the red or behind on a payment or two, being in debt is no fun. And coming up with a plan for reducing your debt can feel overwhelming.


==Understand your legal options==
But you have options for getting out of debt. They include things you can do yourself, such as making a budget or negotiating with your creditors. We’ll walk you through them shortly.


===Option 1. Budgeting out of debt===  
===There are people who can help===
A little organization goes a long way in solving money problems. A key to getting out of debt is to fully assess your current financial situation. Your first step should be to list your '''assets''' (what you own) and '''debts''' (what you owe).
As well, there are professionals who can help you get out of debt. (There are also shady players offering “debt relief services” to be aware of. More on those in a moment.)


Your next step should be to make a '''budget'''. A budget is a plan for how you will spend money over a period of time, such as a month. It lists all the money you expect to get (your '''income''') and to spend (your '''expenses''') during that period.  
'''Credit counsellors''' help people manage their finances and reduce their debt. They can help you improve your financial habits and create a plan to repay your debts. Many work for non-profit agencies, where their services are free or low-cost.


Once you have a budget, you can better see where you’re spending on things that aren’t truly essential. This can help you decide what you can do without, and direct that extra money to reduce your debts.
A credit counsellor can help you make a '''budget'''. This helps you understand how much you can afford to put towards your monthly debt payments.


You can also try to increase your income. Maybe you can get a second or part-time job. Or your relatives may be able to help with a gift or loan.
They can also help you improve your financial skills. They can teach you how to avoid going into debt in the future.


{| class="wikitable"
As well, credit counsellors can help you put together a '''debt repayment plan'''. This involves lumping together all your debt payments into one monthly payment. You pay that amount to the credit counselling agency. The credit counsellor then pays your creditors.
|align="left"|'''Tip'''
 
Credit counsellors such as the [https://www.nomoredebts.org/ Credit Counselling Society] and [https://www.creditcanada.com/ Credit Canada] can help you review your finances and make a budget. They also offer [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/getting-out-debt/budgeting-out-debt useful tools] such as budget worksheets to help you get a handle on your spending.  
To make the plan, the credit counsellor will call your creditors on your behalf and propose a payment schedule.
|}
 
Under the law, anyone who represents you in negotiations with your creditors must be licensed as a '''debt repayment agent'''. This includes credit counsellors.
 
You can check with Consumer Protection BC to make sure anyone you hire to negotiate with your creditors has a licence to be a debt repayment agent. [https://www.consumerprotectionbc.ca/explore-our-enforcement-actions/ Their website features a licence search].
 
===Be on the lookout for bad actors===
You may come across companies offering “debt relief services.” Be careful. Often, they’re trying to scam you.
 
Some “guarantee” they can negotiate a deal with your creditors. But a guarantee isn’t possible. Your creditors might turn down a settlement proposal. And you’ll be left on the hook for the fee for the “debt relief service.”
 
Some companies offer a loan to allow you to repay your debts until they can “negotiate a better deal with your creditors.” But these loans can come with fees, set-up costs, and high interest rates.
 
Some companies claim they can “fix” or “repair” your credit score. But the steps they can take you can do yourself, at no cost (for example, fix information on your credit report that is inaccurate or dated).
 
===Licensed insolvency trustees help with formal legal processes===
One more note on people who can help. A '''licensed insolvency trustee''' provides advice to people on getting out of debt. They’re professionals regulated by the government office that oversees bankruptcies.
 
An insolvency trustee can help you decide on a strategy to get out of debt. If you decide to make a consumer proposal or declare bankruptcy (explained shortly), you must hire a licensed insolvency trustee.
 
The federal government’s website includes a way to search for an insolvency trustee in your area. [https://www.ic.gc.ca/app/osb/tds/search.html?lang=eng Find a licensed insolvency trustee].
 
==Work out the problem==
There are several options for getting out of debt.
 
===Option 1. Budgeting out of debt===
To tackle your debts, you need to understand your financial situation. Your first step should be to list your '''assets''' (what you own) and '''debts''' (what you owe).
 
Then you should make a '''budget'''. A budget is a plan for how you will spend money over a period of time (one month, for example). It shows how much you expect to get and spend over that period.
 
First, list your monthly '''income'''. This includes income from your job, pensions, or other sources.
 
Next, list your '''expenses'''. Some common monthly expenses are:
 
* mortgage payment or rent
* phone bill
* utility bill
* groceries
* daycare
 
Compare your totals for income and expenses. If you’re spending more than what’s coming in, try to cut back on any non-essential spending. For each expense, ask yourself: do I want this, or do I need it?
 
We provide more detailed guidance on making a budget. See [https://www.peopleslawschool.ca/budgeting-out-of-debt/ budgeting out of debt].


===Option 2. Negotiate with your creditors===
===Option 2. Negotiate with your creditors===
If you’re having trouble making payments, contacting your creditors to explore options together can help turn things around. Describe your financial situation and explain why you can’t stick to your original agreement. Show them the budget you’ve prepared. Make them an offer based on what you can afford.  
First, a caution. Have more than two years passed since you made a payment on a debt or the creditor demanded payment? If so, the creditor may have lost their legal right to enforce the debt. You should seek legal advice before contacting the creditor. See [https://www.peopleslawschool.ca/options-legal-help options for legal help].
 
If you’re having trouble making payments, consider contacting your creditors. Show them the budget you’ve prepared. Make them an offer based on what you can afford. Your creditors may agree to change the terms of your agreement to help you pay.


Your creditors may agree to change the terms of your agreement to help you pay. For example, they may:
We offer step-by-step guidance on negotiating with your creditors. See [https://www.peopleslawschool.ca/negotiating-payment-terms/ negotiating payment terms].
*extend the time you have to repay
*charge you a lower interest rate
*reduce the amount of your payments


{| class="wikitable"
|align="left"|'''Tip'''
Before you contact a creditor, find out when the '''limitation period''' expires. This is a time period [http://canlii.ca/t/8qx3 set by law] for how long someone has to bring a legal action. If it’s been more than two years since you made a payment on a debt or the creditor demanded payment, the creditor may have lost their legal right to enforce the debt.
|}
===Option 3. Consolidate your debts===
===Option 3. Consolidate your debts===
'''Consolidating your debts''' means combining them into a single payment. This can be done in a number of ways, such as through a consolidation loan, a line of credit, or a debt repayment plan.
Consolidating your debts means combining them into a single payment. There are three main ways to do this:
====A consolidation loan====
A consolidation loan is a single, new loan used to pay off multiple debts. Usually, the consolidation loan has a lower interest rate than the average rate on your other debts. Making a single monthly payment is also simpler than having to keep track of multiple payments.


Your ability to qualify for a consolidation loan will depend on your income and your credit score.
* a consolidation loan
* a line of credit
* a debt repayment plan


====A line of credit==== 
A '''consolidation loan''' is a single, new loan used to pay off multiple debts. Usually, the interest rate (and monthly payment) is lower than when paying multiple debts.
Opening a line of credit for the total amount you owe is another way to consolidate your debts. A line of credit allows you to borrow funds from an account up to a certain credit limit. You only pay interest on the borrowed funds. Lines of credit can have lower interest rates than most loans.


====A debt repayment plan====
Opening a '''line of credit''' for the amount you owe is another way to consolidate your debts. You use the funds in the line of credit to pay off your debts. Usually, the interest rate on a line of credit is lower than when paying multiple debts.
A debt repayment plan is another way to consolidate your monthly debt payments into one. You set up an account with a credit counselling agency such as the [http://www.nomoredebts.org/ Credit Counselling Society]. You deposit a monthly amount into the account. The credit counsellor uses this amount to pay your creditors until your debts are erased.


To develop the debt repayment plan, the credit counsellor contacts your creditors on your behalf and proposes a payment schedule based on your ability to pay. Usually, your monthly payments are then reduced, and extended over a longer period.
With a '''debt repayment plan''', you set up an account with a credit counselling agency. You deposit a monthly amount into the account. The credit counsellor uses this amount to pay your creditors until your debt is erased.
 
We walk you through each of these options in more detail. See [https://www.peopleslawschool.ca/consolidating-your-debts/ consolidating your debts].


===Option 4. Negotiate a debt settlement===
===Option 4. Negotiate a debt settlement===
In some situations, your creditors may be open to negotiating a '''debt settlement'''. This option involves paying them a lump sum amount that’s less than the full value of the debt you currently owe. Debt settlements can range between 20% and 80% of the debt owed. (Settlements at the lower end of this range are extremely rare and would require exceptional circumstances.)


A debt settlement only works when you have a convincing reason you can’t pay the full amount you owe. It could be you’ve had a major setback, such as a health problem or you lost your job. You’ll need to persuade your creditors that it’s in their interests to get paid (for example) 75% of what they’re owed rather than a small fraction (if you have to declare bankruptcy).
With a '''debt settlement''', you pay your creditors a lump sum that is less than the full value of what you currently owe. This can range between 20% and 80% of the debt currently owed. (Settlements at the low end of this range are very rare.)
 
A debt settlement only works if you have a good reason why you can’t pay the full amount you owe. For example, maybe you lost your job, or have a serious health problem.


You can get help with negotiating a debt settlement. Non-profit credit counselling agencies offer debt-settlement services. So do for-profit companies. Some are shady, so you need to be alert in hiring a debt settlement company.  
You’ll have to persuade your creditors it’s in their interests to accept your lower offer, rather than a smaller amount or nothing at all (if you go bankrupt).


{| class="wikitable"
You can get help with negotiating a debt settlement. Non-profit credit counselling agencies offer these services. (So do for-profit companies, some of which don’t have your best interests at heart. So be careful.)
|align="left"|'''Tip'''
Under the [http://canlii.ca/t/85bb law in BC], anyone who represents you in negotiations with your creditors must be licensed as a “debt repayment agent”. People’s Law School’s [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/getting-out-debt/negotiating-debt-settlement page on negotiating a debt settlement] includes tips on protecting yourself if you are thinking of hiring a debt repayment agent.
|}
===Option 5. Make a consumer proposal===
A '''consumer proposal''' is an offer you make to your creditors to settle your debts. If your creditors accept the proposal, you pay them a portion of what you owe, and they forgive the rest. It’s a formal, legally binding process overseen by a licensed insolvency trustee. This is a professional licensed by the federal government to advise people with debt problems.  


For the arrangement to be legally binding, the creditors who hold a majority of your debt must accept the consumer proposal. Once the proposal is accepted, you repay the agreed amount over a maximum of five years.  
We have in-depth information on debt settlements. See [https://www.peopleslawschool.ca/negotiating-debt-settlement/ negotiating a debt settlement].


Here are some considerations to be aware of before going this route:
===Option 5. Make a consumer proposal===
*Making a consumer proposal costs more in fees than declaring bankruptcy.
*Some of your assets may need to be sold (but you get to keep more of your property than if you go bankrupt).
*A consumer proposal will hurt your credit score, but not for as long as declaring bankruptcy will.


===Option 6. Declare bankruptcy===
A '''consumer proposal''' is an offer you make to your creditors to settle your debts. If they accept your proposal, you pay them a portion of what you owe and they forgive the rest.
'''Bankruptcy''' is a legal process where you give up most of your assets to get rid of your debts. Going bankrupt is a long process with serious consequences, so it represents the most drastic option for getting out of debt.


The bankruptcy process begins with filing an application for bankruptcy with a [http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/home government office]. Under the [http://canlii.ca/t/7vcz law in Canada], a licensed insolvency trustee must file the application for you.  
It’s a formal, legally binding process overseen by a licensed insolvency trustee. It can take up to five years. Some of your assets may need to be sold. We explain the process in detail. See [https://www.peopleslawschool.ca/making-consumer-proposal/ making a consumer proposal].
 
The trustee guides you through the bankruptcy process. They sell your assets (except for a few that are exempt from the process) to pay off your creditors. Once the process is complete, you’re “discharged” from bankruptcy. This releases you from your debts — except for a few types of debt, such as support payments, which under the law cannot be discharged.


==Get help==
===Option 6. Declare bankruptcy===


===With managing your finances===
'''Bankruptcy''' is a legal process where you give up most of your assets to get rid of your debts. Going bankrupt is a long process with serious consequences. It’s the most drastic option for getting out of debt.
The '''Credit Counselling Society of BC''' is a non-profit society that helps people better manage their money and debt. Contact them to book a free consultation with a credit counsellor.
:Toll-free: 1-888-527-8999
:Web: [http://www.nomoredebts.org/ nomoredebts.org]


===With debt repayment agents===
A licensed insolvency trustee must file an application for you with a government office. The trustee guides you through the process. They sell your assets (except for a few that are exempt) to pay off your creditors. When the process is complete, you’re “discharged” from bankruptcy. [https://www.peopleslawschool.ca/declaring-bankruptcy/ We walk you through declaring bankruptcy].
'''Consumer Protection BC''' regulates “debt repayment agents”. Contact them to make a complaint about a debt settlement company.
:Toll-free: 1-888-564-9963
:Web: [http://www.consumerprotectionbc.ca/ consumerprotectionbc.ca]


===With formal legal processes===
==Who can help==
The '''Office of the Superintendent of Bankruptcy''' oversees consumer proposals and bankruptcies, and investigates complaints against licensed insolvency trustees.
===Helpful agencies===
:Toll-free: 1-877-376-9902
These agencies may be able to help in your efforts to get out of debt.
:Web: [http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/home ic.gc.ca]  
:'''Credit Counselling Society of BC'''
:A non-profit society that helps people better manage their money and debt.
:Call 1-888-527-8999
:Email: info@nomoredebts.org
:[https://www.nomoredebts.org/ Visit website]


The '''Canadian Association of Insolvency and Restructuring Professionals''' represents licensed insolvency trustees in Canada.  
:'''Consumer Protection BC'''
:Telephone: 647-695-3090
:Regulates "debt repayment agents" in the province.
:Web: [http://www.cairp.ca cairp.ca] 
:Call 1-888-564-9963
:[https://www.consumerprotectionbc.ca/ Visit website]
{| class="wikitable"
|align="left"|'''Tip'''
You must see a licensed insolvency trustee to make a consumer proposal or declare bankruptcy. To find a licensed insolvency trustee in your area, you can search the [http://www.ic.gc.ca/app/osb/tds/search.html?lang=eng government of Canada’s database at ic.gc.ca].
|}


:'''Office of the Superintendent of Bankruptcy'''
:Oversees consumer proposals and bankruptcies.
:Call 1-877-376-9902
:[https://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/home Visit website]


:'''Canadian Association of Insolvency and Restructuring Professionals'''
:Represents licensed insolvency trustees in Canada.
:Call 1-647-695-3090
:[https://cairp.ca/ Visit website]


[updated October 2017]
===Legal advice===
Getting legal advice can help you decide on your next step.
:'''Lawyer Referral Service'''
:Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
:Call 1-800-663-1919
:[https://www.accessprobono.ca/our-programs/lawyer-referral-service Visit website]


'''The above was last reviewed for legal accuracy by [https://www.peopleslawschool.ca/lawyer/robert-rogers Robert Rogers], Hamilton Duncan.'''
:'''Access Pro Bono's Free Legal Advice'''
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
:Call 1-877-762-6664
:[https://www.accessprobono.ca/get-legal-help Visit website]


----
:'''People’s Law School'''
----
:See more options for free or low-cost legal help.
:[https://www.peopleslawschool.ca/options-legal-help/ Visit website]


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Latest revision as of 01:10, 7 November 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Robert Rogers, Hamilton Duncan in October 2017.
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Being in debt is stressful, and can seriously affect your daily life. The good news is there are options for getting out of debt — and people who can help.

What you should know

You have options for getting out of debt

Whether you’re deep in the red or behind on a payment or two, being in debt is no fun. And coming up with a plan for reducing your debt can feel overwhelming.

But you have options for getting out of debt. They include things you can do yourself, such as making a budget or negotiating with your creditors. We’ll walk you through them shortly.

There are people who can help

As well, there are professionals who can help you get out of debt. (There are also shady players offering “debt relief services” to be aware of. More on those in a moment.)

Credit counsellors help people manage their finances and reduce their debt. They can help you improve your financial habits and create a plan to repay your debts. Many work for non-profit agencies, where their services are free or low-cost.

A credit counsellor can help you make a budget. This helps you understand how much you can afford to put towards your monthly debt payments.

They can also help you improve your financial skills. They can teach you how to avoid going into debt in the future.

As well, credit counsellors can help you put together a debt repayment plan. This involves lumping together all your debt payments into one monthly payment. You pay that amount to the credit counselling agency. The credit counsellor then pays your creditors.

To make the plan, the credit counsellor will call your creditors on your behalf and propose a payment schedule.

Under the law, anyone who represents you in negotiations with your creditors must be licensed as a debt repayment agent. This includes credit counsellors.

You can check with Consumer Protection BC to make sure anyone you hire to negotiate with your creditors has a licence to be a debt repayment agent. Their website features a licence search.

Be on the lookout for bad actors

You may come across companies offering “debt relief services.” Be careful. Often, they’re trying to scam you.

Some “guarantee” they can negotiate a deal with your creditors. But a guarantee isn’t possible. Your creditors might turn down a settlement proposal. And you’ll be left on the hook for the fee for the “debt relief service.”

Some companies offer a loan to allow you to repay your debts until they can “negotiate a better deal with your creditors.” But these loans can come with fees, set-up costs, and high interest rates.

Some companies claim they can “fix” or “repair” your credit score. But the steps they can take you can do yourself, at no cost (for example, fix information on your credit report that is inaccurate or dated).

Licensed insolvency trustees help with formal legal processes

One more note on people who can help. A licensed insolvency trustee provides advice to people on getting out of debt. They’re professionals regulated by the government office that oversees bankruptcies.

An insolvency trustee can help you decide on a strategy to get out of debt. If you decide to make a consumer proposal or declare bankruptcy (explained shortly), you must hire a licensed insolvency trustee.

The federal government’s website includes a way to search for an insolvency trustee in your area. Find a licensed insolvency trustee.

Work out the problem

There are several options for getting out of debt.

Option 1. Budgeting out of debt

To tackle your debts, you need to understand your financial situation. Your first step should be to list your assets (what you own) and debts (what you owe).

Then you should make a budget. A budget is a plan for how you will spend money over a period of time (one month, for example). It shows how much you expect to get and spend over that period.

First, list your monthly income. This includes income from your job, pensions, or other sources.

Next, list your expenses. Some common monthly expenses are:

  • mortgage payment or rent
  • phone bill
  • utility bill
  • groceries
  • daycare

Compare your totals for income and expenses. If you’re spending more than what’s coming in, try to cut back on any non-essential spending. For each expense, ask yourself: do I want this, or do I need it?

We provide more detailed guidance on making a budget. See budgeting out of debt.

Option 2. Negotiate with your creditors

First, a caution. Have more than two years passed since you made a payment on a debt or the creditor demanded payment? If so, the creditor may have lost their legal right to enforce the debt. You should seek legal advice before contacting the creditor. See options for legal help.

If you’re having trouble making payments, consider contacting your creditors. Show them the budget you’ve prepared. Make them an offer based on what you can afford. Your creditors may agree to change the terms of your agreement to help you pay.

We offer step-by-step guidance on negotiating with your creditors. See negotiating payment terms.

Option 3. Consolidate your debts

Consolidating your debts means combining them into a single payment. There are three main ways to do this:

  • a consolidation loan
  • a line of credit
  • a debt repayment plan

A consolidation loan is a single, new loan used to pay off multiple debts. Usually, the interest rate (and monthly payment) is lower than when paying multiple debts.

Opening a line of credit for the amount you owe is another way to consolidate your debts. You use the funds in the line of credit to pay off your debts. Usually, the interest rate on a line of credit is lower than when paying multiple debts.

With a debt repayment plan, you set up an account with a credit counselling agency. You deposit a monthly amount into the account. The credit counsellor uses this amount to pay your creditors until your debt is erased.

We walk you through each of these options in more detail. See consolidating your debts.

Option 4. Negotiate a debt settlement

With a debt settlement, you pay your creditors a lump sum that is less than the full value of what you currently owe. This can range between 20% and 80% of the debt currently owed. (Settlements at the low end of this range are very rare.)

A debt settlement only works if you have a good reason why you can’t pay the full amount you owe. For example, maybe you lost your job, or have a serious health problem.

You’ll have to persuade your creditors it’s in their interests to accept your lower offer, rather than a smaller amount or nothing at all (if you go bankrupt).

You can get help with negotiating a debt settlement. Non-profit credit counselling agencies offer these services. (So do for-profit companies, some of which don’t have your best interests at heart. So be careful.)

We have in-depth information on debt settlements. See negotiating a debt settlement.

Option 5. Make a consumer proposal

A consumer proposal is an offer you make to your creditors to settle your debts. If they accept your proposal, you pay them a portion of what you owe and they forgive the rest.

It’s a formal, legally binding process overseen by a licensed insolvency trustee. It can take up to five years. Some of your assets may need to be sold. We explain the process in detail. See making a consumer proposal.

Option 6. Declare bankruptcy

Bankruptcy is a legal process where you give up most of your assets to get rid of your debts. Going bankrupt is a long process with serious consequences. It’s the most drastic option for getting out of debt.

A licensed insolvency trustee must file an application for you with a government office. The trustee guides you through the process. They sell your assets (except for a few that are exempt) to pay off your creditors. When the process is complete, you’re “discharged” from bankruptcy. We walk you through declaring bankruptcy.

Who can help

Helpful agencies

These agencies may be able to help in your efforts to get out of debt.

Credit Counselling Society of BC
A non-profit society that helps people better manage their money and debt.
Call 1-888-527-8999
Email: info@nomoredebts.org
Visit website
Consumer Protection BC
Regulates "debt repayment agents" in the province.
Call 1-888-564-9963
Visit website
Office of the Superintendent of Bankruptcy
Oversees consumer proposals and bankruptcies.
Call 1-877-376-9902
Visit website
Canadian Association of Insolvency and Restructuring Professionals
Represents licensed insolvency trustees in Canada.
Call 1-647-695-3090
Visit website

Legal advice

Getting legal advice can help you decide on your next step.

Lawyer Referral Service
Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
Call 1-800-663-1919
Visit website
Access Pro Bono's Free Legal Advice
Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
Call 1-877-762-6664
Visit website
People’s Law School
See more options for free or low-cost legal help.
Visit website
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