When can a debt collector sue over unpaid credit card debt?
Falling behind on your credit card payments can quickly lead to major financial issues, especially as the compound interest charges and late fees rack up — and that situation becomes even more stressful if debt collectors get involved. While your credit card company may try to collect what's owed for the first few months you're behind, any seriously delinquent credit card debt you have will typically be sold or handed off to a debt collector to deal with. And that, in turn, can complicate things.
After all, debt collectors can use a wide range of tools to try and get you to pay what's owed, including lawsuits. Being sued over unpaid credit card debt can be a costly and stressful endeavor, so it's important to try and avoid that fate if possible. But the path from missed payments to legal action isn't always straightforward.
While creditors and collection agencies generally have the legal right to pursue repayment through the courts, they must adhere to the specific laws and time limits for filing a debt-related lawsuit. So, when exactly can a debt collector sue you over unpaid credit card debt? That's what we'll explain below.
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When can a debt collector sue over unpaid credit card debt?
Debt collectors can file a lawsuit against you if you have unpaid credit card debt that has gone delinquent, but it's worth noting that they will not take immediate legal action. Rather, most debt collectors will first attempt to recover the debt through collection efforts such as phone calls, letters and credit report notifications. However, if these attempts fail and the debt remains unpaid for a significant period — often six months or more — a lawsuit may be pursued.
That said, if a debt collector sues you, it must be within the statute of limitations set by your state. Each state has its laws detailing how long a creditor or collector has to file a lawsuit for unpaid debt. The statute of limitations generally ranges from three to 10 years, depending on the state and the type of debt. If the statute of limitations has expired, a debt collector cannot successfully sue you, though they may still attempt to collect the debt informally.
Debt collectors must also follow federal regulations outlined in the Fair Debt Collection Practices Act (FDCPA). This law prohibits them from using deceptive or abusive tactics to collect a debt. If you believe a debt collector has violated your rights, you may have legal grounds to challenge their actions or even have the lawsuit dismissed.
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What to do if you're being sued over delinquent debt
If you receive notice of a lawsuit, don't ignore it. Failing to respond typically results in a default judgment against you, giving the debt collector significant legal powers to collect, including wage garnishment or placing liens on your property. Instead, consider these options:
Settling the debt
Debt settlement offers one of the most practical solutions for many people facing credit card lawsuits. This approach involves negotiating with the debt collector to pay less than the full amount owed. Debt collectors often prefer settling over lawsuits because it guarantees them some payment rather than risking getting nothing through a lengthy legal process.
Filing for bankruptcy
For those facing severe financial hardship, filing for bankruptcy might be worth considering, though it should generally be viewed as a last resort. Chapter 7 bankruptcy can eliminate credit card debt entirely, while Chapter 13 creates a structured repayment plan. However, bankruptcy has serious long-term consequences for your credit score and financial future.
Disputing the debt
If you believe the debt collector has made a mistake or violated your rights, you can dispute the debt — even if you're being sued over it. In this case, you should request debt validation and carefully review all documentation. Look for errors in the amount owed, check if the statute of limitations has expired and verify that the collector has the legal right to sue.
The bottom line
Facing a lawsuit over credit card debt is intimidating, but you have options and rights. The key is to act promptly and make informed decisions about how to proceed. Whether you choose to negotiate a settlement or explore other debt relief options, there are ways to successfully get rid of credit card debt you're being sued over — but doing nothing is never the answer.
If you're unsure about your best course of action, consider consulting with a debt relief expert or credit counselor. These experts can help you understand your options based on your specific circumstances. While dealing with delinquent credit card debt isn't easy, taking action early and knowing your rights can help you avoid the worst consequences, allowing you to then start rebuilding your financial health.
