Credit card companies take many steps before suing for non-payment. You should never be surprised by a credit card lawsuit. Lawsuits become more likely after a debt is six months delinquent. You might be able to resolve the debt before a lawsuit is filed.
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.
As a practical matter, I have never heard of a debt buyer or creditor suing for a debt under $1,000, and usually, under $2,000. With court costs and attorney fees, it often does not make sense to sue for smaller amounts.
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.
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.
“Offering 25%-50% of the total debt as a lump sum payment may be acceptable. The actual percentage may vary depending on the circumstances of the borrower as well as the prevailing practices of that particular collection agency.” One benefit of negotiating settlement terms is likely to reduce stress.
Most debt collectors won't sue for less than $500.
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.
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 owe the full amount right away unless the judge ordered a payment plan. The court does not collect the money. It is up to you to pay, or the debt collector to collect. You may be able to start a payment plan or negotiate with the debt collector.
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.
You're not obligated to pay, though, and in most cases, time-barred debts no longer appear on your credit report, as credit reporting agencies generally drop unpaid debts after seven years from the date of the original delinquency.
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.
There's no single answer to how soon a debt collector can sue—it can be between weeks or months, but they'll usually take steps before it gets to that point. There's also a legal time limit, depending on your state, that prevents you from getting sued after a certain time frame.
If you are able to pay the amount owed or able to negotiate to pay a portion of what you owe and settle the case, you'll need to also ask the Plaintiff to officially dismiss the case against you. Paying the debt does not automatically dismiss the case.
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.
A debt trap means the inability to repay credit amount. It is a situation where the debtor could not be able to repay the credit amount.
There's no standard amount or specific percentage a debt collector may settle for because several variables come into play. 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 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.
Americans in debt are likely to end up in court
Consumer debt cases are among the most common civil case types in U.S. state courts: A recent analysis of these cases found that at least 2.5 million debt collection lawsuits were filed in 2022.
When it comes to credit card debt relief, it's important to dispel a common misconception: There are no government-sponsored programs specifically designed to eliminate credit card debt. So, you should be wary of any offers claiming to represent such government initiatives, as they may be misleading or fraudulent.
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.
A reasonable settlement offer is one that adequately covers your medical expenses, lost wages, and any additional losses you have experienced, although it can vary significantly from one claim to another.