On this page
What's next
Earn a high-yield savings rate with JG Wentworth Debt Relief
Credit card companies can and do sue cardholders for unpaid debts. However, understanding the legal process and your rights can help you navigate this challenging situation and protect yourself. Let’s explore what happens during a credit card lawsuit and outline strategies for protecting your financial interests…
When do credit card companies sue?
Credit card companies typically don’t immediately file lawsuits when you miss payments. The process usually follows this progression:
- Missed payments trigger late fees and collection attempts.
- After 180 days of non-payment, the account is charged off.
- The debt may be sold to a collection agency.
- If collection efforts fail, either the original creditor or debt buyer may file a lawsuit.
Most companies view lawsuits as a last resort due to the associated costs and time investment. They generally pursue legal action only when:
- The debt exceeds $1,000.
- They believe you have the means to pay.
- Other collection methods have failed.
- The statute of limitations hasn’t expired.
The legal process
When a credit card company decides to sue, they’ll file a complaint in civil court. This initiates a sequence of events:
- You receive a summons and complaint detailing the allegations.
- You have a specific timeframe (usually 20-30 days) to respond.
- If you don’t respond, the court may enter a default judgment.
- If you do respond, the case proceeds through the court system.
Protecting yourself before and during a lawsuit
Consider taking these steps immediately upon receiving the lawsuit:
Never ignore the lawsuit
- Failing to respond typically results in a default judgment.
- This gives the creditor significant power to collect, including wage garnishment.
Verify the debt
- Request debt validation.
- Ensure the statute of limitations hasn’t expired.
- Confirm the plaintiff has legal standing to sue.
Document everything
- Keep copies of all correspondence.
- Maintain records of all payments.
- Save all court documents.
Legal defenses
Several valid legal defenses might apply to your case:
Statute of limitations
- Each state has different time limits for debt collection.
- The clock typically starts from your last payment.
- If expired, this serves as a complete defense.
Identity theft
- If the charges weren’t yours, you can dispute them.
- File a police report and identity theft affidavit.
- Request account documentation from the creditor.
Incorrect amount
- Challenge calculation errors.
- Dispute unauthorized fees or interest.
- Request detailed account statements.
Lack of standing
- Debt buyers must prove they own the debt.
- Request documentation of debt purchase.
- Challenge missing or incomplete documentation.
Take your next step towards being debt-free
"*" indicates required fields
Negotiation and settlement strategies
The two key phases of being sued by a credit card company are as follows:
Before court
Debt settlement
- Offer a lump-sum payment at a reduced amount.
- Get all agreements in writing.
- Ensure the settlement includes dismissal of the lawsuit.
Payment plans
- Negotiate affordable monthly payments.
- Get interest rate reductions if possible.
- Ensure the agreement is properly documented.
During Court
Mediation
- Many courts offer mediation services.
- Use this opportunity to negotiate.
- Have all agreements documented and court-approved.
Courtroom settlement
- Be prepared to negotiate before trial.
- Know your bottom line.
- Get all agreements in writing and filed with the court.
Long-term protection strategies
Regardless of the lawsuit’s outcome, here are some steps you can take to help avoid finding yourself in the same situation again:
Financial management
Budget Creation
- Develop a realistic spending plan.
- Track all expenses.
- Build an emergency fund.
Debt management
- Consider credit counseling.
- Explore debt consolidation options.
- Maintain communication with creditors.
Legal protection
Asset protection
- Understand your state’s exemption laws.
- Protect exempt assets.
- Consider bankruptcy if necessary.
Credit monitoring
- Regular credit report reviews.
- Dispute inaccurate information.
- Document all credit-related communications.
When to Seek Professional Help
Consider legal representation if:
- The debt amount is significant.
- You have valid legal defenses.
- The creditor’s practices seem questionable.
- You’re facing wage garnishment or asset seizure.
Types of legal help
There are a few different forms of legal assistance you can get:
Private attorneys
- Experienced in consumer protection.
- Can provide full representation.
- May be expensive but worth it for complex cases.
Legal aid organizations
- Free or low-cost services.
- Income restrictions may apply.
- Limited availability but quality representation.
Consumer protection agencies
- Government resources.
- Free guidance and information.
- Cannot provide direct representation.
The bottom line
While facing a credit card lawsuit is stressful, understanding your rights and options can help you navigate the situation effectively. The key is to act promptly, gather information, explore your defenses, and consider professional help when needed. Remember that many situations can be resolved through negotiation before reaching trial, and various protections exist to help you maintain your financial stability while resolving the dispute.
There’s always JG Wentworth…
If you have $10,000 or more in unsecured debt there’s a good chance you’ll qualify for the JG Wentworth Debt Relief Program.* Some of our program perks include:
- One monthly program payment
- We negotiate on your behalf
- Average debt resolution in as little as 48-60 months
- We only get paid when we settle your debt
If you think you qualify for our program, give us a call today so we can go over the best options for your specific financial needs. Why go it alone when you can have a dedicated team on your side?
About the author
Recommended reading for you
* Program length varies depending on individual situation. Programs are between 24 and 60 months in length. Clients who are able to stay with the program and get all their debt settled realize approximate savings of 43% before our 25% program fee. This is a Debt resolution program provided by JGW Debt Settlement, LLC (“JGW” of “Us”)). JGW offers this program in the following states: AL, AK, AZ, AR, CA, CO, FL, ID, IN, IA, KY, LA, MD, MA, MI, MS, MO, MT, NE, NM, NV, NY, NC, OK, PA, SD, TN, TX, UT, VA, DC, and WI. If a consumer residing in CT, GA, HI, IL, KS, ME, NH, NJ, OH, RI, SC and VT contacts Us we may connect them with a law firm that provides debt resolution services in their state. JGW is licensed/registered to provide debt resolution services in states where licensing/registration is required.
Debt resolution program results will vary by individual situation. As such, debt resolution services are not appropriate for everyone. Not all debts are eligible for enrollment. Not all individuals who enroll complete our program for various reasons, including their ability to save sufficient funds. Savings resulting from successful negotiations may result in tax consequences, please consult with a tax professional regarding these consequences. The use of the debt settlement services and the failure to make payments to creditors: (1) Will likely adversely affect your creditworthiness (credit rating/credit score) and make it harder to obtain credit; (2) May result in your being subject to collections or being sued by creditors or debt collectors; and (3) May increase the amount of money you owe due to the accrual of fees and interest by creditors or debt collectors. Failure to pay your monthly bills in a timely manner will result in increased balances and will harm your credit rating. Not all creditors will agree to reduce principal balance, and they may pursue collection, including lawsuits. JGW’s fees are calculated based on a percentage of the debt enrolled in the program. Read and understand the program agreement prior to enrollment.
JG Wentworth does not pay or assume any debts or provide legal, financial, tax advice, or credit repair services. You should consult with independent professionals for such advice or services. Please consult with a bankruptcy attorney for information on bankruptcy.