Most states also allow creditors to sue in small claims court if the creditor lawsuit asks for less than a certain amount. The amount varies by state and can be a few thousand dollars or as much as $10,000 or more. But many courts don't allow collection agencies to use small claims courts.
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.
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.
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.
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.
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 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.
“Negotiating with a collection agency can be challenging, but it is vital to reach a fair settlement,” Raymond Quisumbing, a registered financial planner at Bizreport, said. “Offering 25%-50% of the total debt as a lump sum payment may be acceptable.
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.
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.
Smaller debts, usually under $500, are less likely to lead to a lawsuit. However, if the debt is part of a larger collection portfolio, agencies might decide to pursue it, especially if they can consolidate multiple small debts into a single legal action.
The Average Cost of a Lawsuit
On average, a lawsuit costs approximately $10,000 for a simple suit. However, numerous factors can influence the cost of your lawsuit.
If the court rules against you and orders you to pay the debt, the debt collector may be able to garnish — or take money from — your wages or bank account, or put a lien on your property, like your home.
Can debt collectors sue you? Typically, debt collectors will only pursue legal action when the amount owed is in excess of $5,000, but they can sue for less.
Summary: Generally, debt collection agencies won't sue over debts less than $500, but it isn't unheard of. If a collection agency is chasing you for an old debt, you might wonder whether it will take its efforts a step further with a debt lawsuit.
"Every creditor is different. Some creditors will accept pennies on the dollar, others will not settle for less than 80% in a lump sum payment," says Jessika Arce Graham, partner at Weiss Serota Helfman Cole + Bierman.
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.
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.
While there's no set-in-stone timeline on how soon a debt collector can sue, you are more at risk if you have an unpaid debt for more than six months.
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.
Paying an old collection debt can actually lower your credit score temporarily. That's because it re-ages the account, making it more recent again. This can hurt more than help in the short term. Even after it's paid, the negative status of “paid collection” will continue damaging your score for years.