When you miss payments on your credit card, the consequences start small — typically via late fees and higher interest rates. After several months of non-payment, creditors may charge off your debt and sell it to a third-party collection agency.
The collection account can remain on your credit report for up to seven years from the date of the first missed payment, even if you eventually pay off the debt. Additional fees and interest: Collection agencies often add fees, interest or other charges to the original debt amount, increasing the total amount you owe.
It is not legal to criminally charge someone for not paying their debts. It is possible to go to prison for fraud for attempting to use a CPN, however.
Debt Charge-Off
As noted above, unless you bring the account current, your loan will eventually be charged off and may be sold to a collection agency. This creates a charge-off and potentially a new collection account on your credit history, each of which has a negative impact on your credit score.
While debt collectors can no longer have you jailed or threaten to have you arrested for not paying your debts, there are a few instances in which you can be incarcerated with debt as the underlying cause. For example, a debt collector can sue you and, if you fail to comply with court orders, you could get jail time.
Walking away from your debt, also known as defaulting, could seem like your best option if you're struggling to keep up with bills. However, walking away from debt won't solve all of your problems. Your lender can still try to sue you for the remaining amount or sell the loan to a collection agency.
Unpaid credit cards fall into the “civil debt” category and are not punishable by jail time. However, criminal offenses related to financial affairs, like tax evasion, could land you in jail. It's important to know that ignoring judgments against you could result in serious legal consequences, including jail time.
If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.
Short answer? No, you can't get a deportation order for debt as an immigrant to the U.S. But debt could hurt you in other ways. Here's what you need to know about how debt can impact your new life in the States – and your immigration status.
So, yes, credit card companies can sue you, and if pushed into extreme circumstances, they will. The timeline looks something like this: After 30 days of missed payments, your credit card debt becomes delinquent. After 180 days of missed payments, your debt goes into default.
Most negative items should automatically fall off your credit reports seven years from the date of your first missed payment, at which point your credit score may start rising. But if you are otherwise using credit responsibly, your score may rebound to its starting point within three months to six years.
If you can't pay your credit card bill, it's important to act right away. Contact your credit card company immediately. Many card companies are willing to work with you to change your payment if you're facing a financial emergency.
When you owe money on your credit card, the people you owe must follow rules set out by law. Action can be taken against you to collect the debt but you have the chance to avoid this. Credit cards are covered by the Consumer Credit Act (CCA).
Make sure you respond in writing to dispute the debt. If you don't, the debt collector may keep trying to collect the debt from you and may even end up suing you for payment.
While it's highly improbable that a credit card issuer would completely erase your debt outside of bankruptcy proceedings, you might have the option to negotiate with your creditors for a partial reduction of your outstanding balance.
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.
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.
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.
If it hasn't already, your credit card issuer will most likely sell your debt to a collection agency once you're 180 days late, which is known as a charge-off. A charged-off debt is not forgiven; you're still responsible for paying it.
It is not a crime to stop paying your credit cards. When you don't pay your credit cards, debt collectors can call you on the phone and they can also file a civil lawsuit against you. However, a civil lawsuit from a credit card company results in a civil judgment for money.
You Can Be Sued for Credit Card Debt
You can't be sent to jail for unpaid credit card bills, but you can be sued. When you fall behind on a credit card bill, your creditor or the collection agency may decide to take legal action to get the money back. If this happens, you'll be served with legal papers.
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.
Your home provides security to the lender that you would pay back the debt. If you owe money for most other debts like credit cards and medical bills, you (usually) did not sign a security agreement. So, the creditors cannot seize your home to pay the debt.