The amount that creditors are willing to negotiate on a debt settlement can vary greatly. Some may be willing to accept as little as 30% of the original debt, while others may demand 70% or more.
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.
While the specific minimum amount a debt collection agency will sue for varies, it generally falls around $500 to $1,000. Agencies consider the economic viability of litigation, state laws, and the debtor's financial situation when making this decision.
Though there's no standard timeline, you may be most at risk of a debt collection lawsuit after six months of not paying your debt. If you stop making timely payments on a debt, your creditor will first attempt to collect it by sending you notices of nonpayment.
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.
Your full and final settlement should offer equal amounts to each creditor. For example: Your lump sum is 75% of your total debt. You should offer each creditor 75% of what you owe them.
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.
Summary: Generally, debt collection agencies won't sue over debts less than $500, but it isn't unheard of.
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.
Actual debt collectors are unlikely to sue for under $1000 due to the costs of pursuing the case. Even if they win a judgement against someone it is still not guaranteed they will ever collect a penny. By suing they add court costs, attorney fees, and other internal costs (employee time, paper, etc).
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.
The amount you settle for could depend on your financial situation and the age of the debt. Also, policies vary among debt collection agencies. While one agency may accept 20% of the original amount owed, another may insist you pay at least 80% of the debt.
"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.
So, if you've fallen behind on payments, it's crucial to address the situation head-on as soon as possible. In general, paying off your credit card debt in full is the optimal solution that preserves your credit score and history.
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.
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.
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.
A creditor can't file a lawsuit if it's been more than four years since the last activity on the account. This is called a statute of limitations. If you have not made a purchase on or made a payment to the credit card account for more than four years, that debt is considered expired.
A variety of factors can affect what a reasonable settlement offer might be, including the following: Whether the injured plaintiff is partially liable. The extent and severity of the victim's injuries. The past and future likely costs of treatment. Whether the plaintiff is likely to fully recover or has fully ...
Some collectors want 75%–80% of what you owe. Others will take 50%, while others might settle for one-third or less. So, it makes sense to start low with your first offer and see what happens. And be aware that some collectors won't accept anything less than the total debt amount.
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.