Credit card companies and collectors can sue you even if you make partial payments. If your problems are more serious or permanent and you're approaching the charge-off stage, it might be time to propose a settlement (an agreement to clear the debt for less than the full amount you owe).
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.
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.
The bottom line. While debt collectors may not automatically sue over a $3,000 credit card debt, they have the right to pursue legal action if they believe it's a viable option.
There's no surefire way to say when a debt collector will sue to collect on a debt. It depends on the debt collector's policies, the age of the debt, the amount of the debt, and the type of debt, among other factors. For example, collection lawsuits for credit card debt often happen faster than those for medical bills.
According to the American Association for Debt Resolution, the average settlement amount is 50.7% of the balance owed. So yes, if you owed a dollar, you'd get out of debt for fifty cents. But the average amount of debt enrolled is $4,500. That means you should still expect to pay a hefty sum to get out of debt.
What does the credit card company have to do? They must acknowledge receipt of your letter within 30 days. Within 90 days or two billing cycles, they must investigate your dispute.
More frequently than most consumers probably realize. While precise statistics are difficult to come by, legal experts estimate that several million debt collection lawsuits get filed across the United States every single year.
If you do not respond, the court will make a decision without you. This is called a default or default judgment. Whether or not you decide to respond, you can still attempt to negotiate with the debt collector.
Here's the good news — you can't go to jail for credit card debt, and if a debt collector implies that you might end up in jail, they are breaking the law as established by the Fair Debt Collection Practices Act.
Finding an unfamiliar charge on your credit card can be stressful, but disputes are often easy and simple. In fact, 96% of credit cardholders who've filed a dispute had a successful resolution the most recent time, according to the latest LendingTree survey of nearly 2,000 U.S. consumers.
If you own a home, and have fallen behind on your credit cards or other unsecured debts you may be worried about what these creditors can do to collect on the debt. In many states, including California, unsecured creditors can become secured creditors and place a lien on your home.
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.
The decision to sue often depends on the debt's size (usually a minimum of $1,000), age, and original agreements. Debt collection practices for unpaid credit card balances frequently lead to court cases. If sued and found liable, you may face additional costs through interest and fees.
If you receive a summons and complaint from a debt collector or creditor, it means you're being sued for unpaid debt. It's important to respond to (or answer) the lawsuit. You do this by filing official paperwork with the court.
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.
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.
Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.
If you get sued for credit card debt, you'll receive a summons and complaint. These official documents let you know what you're being sued for, who is suing you, and how much time you have to file a response to the lawsuit. In legal terms, your response is called an answer.
If your dispute is denied, the charge will go back to your credit card. You should receive an explanation from the credit card issuer detailing the reason the dispute was denied. If you refuse to pay, they can put your account in collections or seek legal action.
Banks and law enforcement can use transaction details, surveillance footage, and digital tracking methods to identify the perpetrator, with various results.
Typical debt settlement offers range from 10% to 50% of the amount you owe. Creditors are under no obligation to accept an offer and reduce your debt, even if you are working with a reputable debt settlement company.
Paying a debt in full is better than settling a debt
You'll also save money. Settling the debt eliminates future interest and reduces the amount you'll repay to the lender. When you settle a debt, the creditor or debt collector will typically report the account as settled for less than what you owed.
Bankruptcy. Bankruptcy is another legal option that can help you stop paying credit cards. It helps individuals and businesses that can't afford to pay off their debts by evaluating and using their assets to pay off outstanding debts.