Being Sued for Credit Card Debt

You must be formally served with a summons and complaint — receiving a phone call or letter threatening a lawsuit is not the same as actually being sued. Verify the documents are legitimate court filings.

Once served, you typically have 20 to 30 days (varies by state) to file a formal response, called an "answer," with the court. Missing this deadline can result in a default judgment against you.

Confirm who is actually suing you — the original creditor or a debt buyer — and request documentation proving they own the debt and calculated the amount correctly. Many lawsuits, especially from debt buyers, have gaps in their paperwork that can be legally challenged.

Every state has a time limit on how long a creditor can sue you for a debt. If the debt is past your state's statute of limitations, this can be raised as an affirmative defense.

Failing to respond typically results in a default judgment, which can lead to wage garnishment or a bank account levy depending on your state's laws. Even if you can't afford an attorney, file a basic response to preserve your rights.

You may be able to negotiate a settlement even after being sued, work with a consumer law attorney, or, in serious cases, evaluate whether bankruptcy is a better path given the scope of your total debt.