What amount will a credit card sue for?
Financial institutions typically don't sue customers who owe less than $1,000 or are making regular payments. As such, you shouldn't need to worry about a lawsuit unless you owe a substantial amount and are well behind on your payments.
Lawsuits aren't very common, but they do happen regularly. According to a Consumer Financial Protection Bureau (CFPB) report, credit card companies sue for non-payment in about one of every seven cases or nearly 15% of the time. The average litigated account balances ranged from $2,700 to $12,300.
A credit company usually sues for non-payment after 180 days have passed without the consumer paying and the account is officialy charged off. Creditors choose to sue based on the following factors: account balance, level of delinquency, and estimated likelihood of payment (based on assets and employment income).
Collection lawsuits are less likely to be issued for debts under $1,000. In cases where a debtor is making small payments, even if those payments are below the minimum requirement of the creditor, the creditor will not file a lawsuit.
According to Investopedia, collection agencies prefer to sue for amounts more than $1,000. So, if you owe $5,000, a lawsuit is highly possible. Even then, remember that lawsuits are costly and time consuming, which is not appealing to debt collectors.
Summary: Generally, debt collection agencies won't sue over debts less than $500, but it isn't unheard of. If a collection agency is chasing you for an old debt, you might wonder whether it will take its efforts a step further with a debt lawsuit.
Type of Debt - depending on most credit card companies, you stand a very good chance of being sued for any amount. However, they may be very willing to negotiate a settlement. It depends on which of most creditors the credit card companies you are with.
How likely is it that you will be sued for a debt? According to one Consumer Financial Protection Bureau report, 1 in 7 — or about 15% — of consumers contacted about a debt in collections were sued. But the likelihood of a debt collection lawsuit depends on several factors.
Remember: Credit card companies don't want to sue cardholders. If you stay in contact and show that you're willing to make even small payments, that can ensure you don't go to court. You might also be able to keep your credit cards open with that card issuer, depending on the resolution you reach.
Although the average settlement amounts to 48% of what you originally owed, that number is a bit skewed. If your debts are still with the original creditor, settlement amounts tend to be much higher. You can end up paying up to 80% of what you owe if the debt is still with the original creditor.
Will a credit card company sue you for 2000 dollars?
Most companies don't take legal action until an account has been past-due for six months or more. Whether or not you get sued depends on the amount of debt you have, too. Generally speaking, you're less likely to be sued if you owe less than $2,000 and more likely to be sued if you owe more than $2,000.
If you owe the debt, you may be able to work out a settlement or other resolution with the collector. Responding doesn't mean you're agreeing that you owe the debt or that it is valid. If you don't respond, the court could issue a judgment or court action against you, sometimes called a “default judgment.”
Debt collection agencies are often asked if there's a minimum invoice value that makes chasing a debtor worthwhile. The answer is generally 'no', so it's really up to you whether you want to take things further when the amount involved is small.
If You Are Sued for $10,000 or Less
This is common in credit card debt or other collection lawsuits where you may owe less than the small claims court limits, but the credit card company prefers to take you to court in a limited civil case and not small claims.
Yes, but the collector must first sue you to get a court order — called a garnishment — that says it can take money from your paycheck to pay your debts. A collector also can get a court order to take money from your bank account.
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.
The 7-in-7 rule explained
Collectors are permitted to place a call to the consumer about a particular debt seven (7) times within a period of seven (7) consecutive days, so long as no contact is made with the consumer in any of the attempts.
Actual debt collectors are unlikely to sue for under $1000 due to the costs of pursuing the case. Even if they win a judgement against someone it is still not guaranteed they will ever collect a penny. By suing they add court costs, attorney fees, and other internal costs (employee time, paper, etc).
Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.
If you default on credit card debt, you could be sued by the credit card company or a debt collection agency. And if you lose the lawsuit, it could result in a judgment that includes liens on your property or garnishing your wages.
How long can credit card companies come after you?
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
Credit card companies rarely forgive your entire debt. But you might be able to settle the debt for less and get a portion forgiven. Most credit card companies won't provide forgiveness for all of your credit card debt. But they will occasionally accept a smaller amount to settle the balance due and forgive the rest.
Summary: If you're being sued by a debt collector, here are five ways you can fight back in court and win: 1) Respond to the lawsuit, 2) make the debt collector prove their case, 3) use the statute of limitations as a defense, 4) file a Motion to Compel Arbitration, and 5) negotiate a settlement offer.
Depending on the situation, debt settlement offers might range from 10% to 50% of what you owe.
Some will only settle for 75-80% of the total amount; others will settle for as a little as 33%. Looking for a place to set the bar? The American Fair Credit Counsel reports the average settlement amount is 48% of the balance. Again, start low, knowing the debt collector will start high.
