In general, a credit card company can sue you for non-payment once your account becomes severely delinquent, typically after 90 to 180 days of missed payments. When you initially miss a payment, the company will notify you and your account begins accruing late fees and possibly a higher penalty interest rate.
You Lose: If the credit card or debt collection company wins, it will ask the judge for authority to collect its money. Your wages could be garnished. Liens could be placed on your property or forced into a sale.
While smaller debts are less likely to result in legal action, there are no guarantees. In many cases, though, debt collectors will prioritize larger debts, as they offer a higher return on the time and legal fees associated with a lawsuit.
Most debt collectors won't sue for less than $500. However, any unpaid debt can potentially result in debt collection legal action regardless of the amount owed if the collector determines suing worthwhile.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
The Bottom Line. It's not possible to go to jail simply for having unpaid debt. It also requires many steps along the way before an arrest for contempt of court is possible: The creditor must first sue you and win the lawsuit, and then the judge must award a judgment against you.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.
In a Nutshell
Though there's no set timeline, you can expect legal action after six months of nonpayment. While there are no guarantees, you're less likely to be sued if you owe less than $2,000.
Unpaid credit cards fall into the “civil debt” category and are not punishable by jail time. However, criminal offenses related to financial affairs, like tax evasion, could land you in jail. It's important to know that ignoring judgments against you could result in serious legal consequences, including jail time.
The time frame varies from state-to-state but is generally 3-6 years. It most often arises in civil matters where consumer debt is considered “time-barred,” meaning the statute of limitations has expired. Legal actions and threats of legal actions are prohibited when the case is time barred.
Collection lawsuits are less likely to be issued for debts under $1,000. In cases where a debtor is making small payments, even if those payments are below the minimum requirement of the creditor, the creditor will not file a lawsuit.
Original Creditors That Sue the Most
Capital One is known for filing lawsuits against consumers who default on their credit card debts. They do not hesitate to take legal action, even for relatively small balances. Once a judgment is obtained, they may garnish wages or freeze bank accounts depending on state law.
A credit card company could sue you if you default on your debt. Debts typically go into default after 180 days of missed payments. At this point, the company may take legal action to recover the owed amount.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.
Technically, no. Failing to pay your credit card debt is not a crime. While not a crime, it does have serious consequences, like we mentioned above. After the lawsuit judgment, it is entirely possible that you will have a very difficult time obtaining loans, credit cards, and even employment.
Firstly, your credit score will likely be negatively impacted as the debt remains unpaid and continues to be reported to credit bureaus. Persistent attempts to collect the debt may result in increased pressure from the collector, including frequent phone calls, letters, or even legal actions such as lawsuits.
Typically, debt collectors will only pursue legal action when the amount owed is in excess of $5,000, but they can sue for less. “If they do sue, you need to show up at court,” says Lewis-Parks.
Even though your card issuer "writes off" the account, you're still responsible for paying the debt. Whether you repay the amount or not, the missed payments and the charge-off will appear on your credit reports for seven years and likely cause severe credit score damage.