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You've Been Sued by a Credit Card Company: What Now?

Admin • Jun 28, 2021
Man holding cards — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

The average American has over $16,000 dollars in credit card debt. When you stop making your credit card payments, you not only risk being sent to collections and damaging your credit, but you also risk being sued by the credit card company you've shafted.

The reason credit card companies are eager to sue is simple: they only have a certain amount of time to collect past-due debts from when their customers quit paying them. This length of time varies by state, but most states allow three years for collection attempts before the debt can no longer be demanded.

Credit card companies want to recoup the funds they perceive as lost. When threatening phone calls, letters, and other means of getting payment fail, credit card companies often take one drastic measure that is nearly guaranteed to get a reaction: they sue.

If you've been sued by your credit card company for non-payment, you will be summoned to court. Here is a guide showing you what to do now.


Get a Lawyer

A lawyer is your best defense when you've been sued by your credit card company. Your lawyer knows things about the statute of limitations for your state that you don't, and lawyers can look for loopholes in your financial situation to negate being sued. Some things your lawyer will look at include:

  • Length of time between when you quit paying and when you got sued
  • Payment history prior to stopping payments
  • Time since you last made a credit card payment

If your lawyer discovers that your credit card company has sued you beyond the legal time allowance for your state, you might no longer have to pay the debt. You will have to prove your case in court, which your lawyer will do for you by representing you.


Do Not Call or Pay Your Credit Card Company

Do not attempt to call your credit card company to settle any debts you have with them to avoid court unless your lawyer tells you to do so. Making payment arrangements is an admission of owing the debt, and your credit card company can choose to sue you even if you agree to a payment plan.

What's worse, any new payment you make to your creditor re-opens the statute of limitations. If your credit card company threatens to sue you beyond the legal time allowance and you get pressured into making a payment, the company can legally sue you. This is a common tactic for credit card companies to use against their customers. You can avoid setting yourself up by staying mum about the situation until court.

Creditors are supposed to cancel any payments on their end, but they may miss them. If you want to avoid further money being collected from you during the bankruptcy process, you should cancel any automated payments.

Creditors are not going to be able to resume collecting payments from you throughout the bankruptcy process, so you will be protected from all collection actions for a time. While your bankruptcy is ongoing, you do not need to send in any debt-related payments.



Show Up to Court

Whether you get a lawyer or not, always show up for your appointed court date. Your debts will not go away. In fact, ignoring your court date and not showing up will automatically cause you to lose your case and have a judgment filed against you.

You will then be required to not only pay your creditor back what you initially owed them, but you will have to pay back accrued interest, lawyer fees, and any other dues as the judge sees fit. Show up in court with a lawyer in tow so you can negotiate the amount you are legally required to pay back if you are found guilty.

Credit card debt is hard to eliminate when you have financial struggles. If you get sued, call a lawyer right away. Your lawyer can assist you in this financial matter as well as assist you in other types of financial stress. Call The Law Office of Joe R. "Jay" Johnson II for your legal financial issues today.

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