According to the Consumer Financial Protection Bureau (CFPB), credit card companies sue their customers about 12% of the time. On average, credit card companies sue to recover balances over $2,700—this isn't a set amount, but an average. Credit card companies can and do sue on debts both larger and smaller than $2,700.
In fact, it is quite common for creditors and debt buyers to file lawsuits to collect debts.
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.
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.
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.
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.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass 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.
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.
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.
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.
Disputing a credit card charge has a 96% success rate
Of those who disputed a claim, 75% had an authorized charge, 21% claimed they didn't receive the goods they paid for or they were defective and 21% said they canceled a subscription and were still charged.
Most companies are willing to settle for 30 to 50 percent of the total debt. I was able to settle on the mid-to-upper end of that range. Be aware that settling a debt for less than the full amount can negatively impact your credit score, but that's temporary—it will begin rebounding after six months to two years.
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.
It quiets things temporarily, but the problem remains. Ignoring them often escalates collection attempts. They may contact you more frequently, file a lawsuit, garnish wages, or put liens on assets.
Perhaps the most common debts that cannot be discharged under any circumstances are child support, back taxes, and alimony. Here are some of the most common categories of non-dischargeable debt: Debts that you left off your bankruptcy petition, unless the creditor had knowledge of your filing. Many types of taxes.
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.
A debt collector can sue you for a legitimate debt if the statute of limitations hasn't expired. If they're successful, your wages could be seized or you could have a lien placed on your property. If you're facing a debt collection lawsuit, it's important to act quickly to minimize damage to your financial situation.
Most consumer debts will “expire” after three to six years, meaning a creditor or debt collector can no longer sue you for them. You're still responsible for paying old debts, but waiting until the statute of limitations runs out might help you avoid future legal issues.