Why Do Credit Card Companies Sue Consumers?

Credit Card Companies sue consumers to get the money owed to them. When apply for a credit card with a credit card company, you sign an agreement with them. In this agreement, you say that you will pay any money that the credit card pays on your behalf.

If you stop making your payments, the credit card company sees this as a breach of contract. They can and do sue consumers all the time to try to get what is owed to them. They will need to show evidence that you opened an account with them, that you agreed to their contract, and that you are in default with your payments (i.e. you have not been making your payments).

To show that you opened an account with them, the credit card company will need to show a physical or digital application that you filled out. Sometimes, a credit card company change the terms of the contract after opening it. In this case, you may find some leeway in court. Finally, the credit card company will need proof that you have not been making all of your required payments to them.

Statute of limitations for debt collection does exist. This can prevent a credit card company or collection agency from trying to sue you for breach of contract. In many places, this is seven years but it depends on country and state law. In the UK, the statute of limitations for debt collection is six years. Therefore, if a credit card company has not contacted you for the last six years about debt you owe them, they cannot start trying to collect now. Absolutely no contact has to have existed between you and the credit card company or collection agency (fat chance there) for six years for this to pan out.

If the credit card company is suing you, it is still not too late for you to try to work out your debt with them. You might have a chance if you can show them that you are dealing with hardships that are making it difficult for you to make your payments right now. If you convince them that you intend to pay off what you owe them eventually, they may work with you.

Although credit card debt is unsecured, if the credit card company wins their case in court, you could be in trouble. You may see garnished wages or a lien against other property that you own. Therefore, it is in your best interests to work out your debt before your credit card company sues you.

If you get in a situation where your credit card companies are suing you, you may be eligible to file for bankruptcy. Filing for a Chapter 13 bankruptcy will let you redistribute your debt obligations. You still owe everybody what you owe, however. If you qualify for a Chapter 7 bankruptcy, you will not have to pay all debtors what you owe them. Certain debts are exempt from bankruptcy claims such as student debt and child support.