What do I do if I get sued for credit card debt?

What do I do if I get sued for credit card debt?

Here’s how to respond when you are sued for credit card debt:

  1. Don’t ignore the summons. When you get a court summons for credit card debt, pay attention to it—and make a plan of action.
  2. Verify the debt.
  3. Consider debt settlement.
  4. Contact an attorney.
  5. Look at your budget.
  6. Request a payment plan.
  7. Make a lump-sum payment.

How long can I be sued for a credit card debt?

Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.

Who is the plaintiff in a credit card lawsuit?

As the party bringing the lawsuit, the credit card company is the “plaintiff.” The complaint is a legal document which describes the facts giving rise to the lawsuit. You should read the complaint closely. You also might be sued by a debt collection company which has bought the debt.

How can I win a credit card lawsuit?

If the plaintiff bought the debt from another debt buyer, you need every bill of sale all the way back to the credit card company. Request each bill of sale. If there is a break in the chain of title, then you can win your lawsuit. A copy of the debt buyer’s license.

What happens if you get sued for credit card debt?

If it isn’t resolved, a lawsuit is only a matter of time. Credit card companies write off millions each year in uncollectible debt. If a lawsuit is filed, you MUST respond. If you don’t show up for the court proceeding, the judge automatically rules against you and will order you to pay the full amount.

Can a judge dismiss a credit card lawsuit?

However, if the plaintiff waited too long, you can have the judge dismiss the lawsuit. The plaintiff hasn’t stated a valid claim. Typically, the plaintiff must attach to the complaint enough documents that show a valid contract. For example, a debt collection agency must show that it bought the right to sue on a valid debt.

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