Will Credit Card Companies Sue Me?
Lawsuits are a real risk during debt settlement or default. Here's how likely it is, what triggers it, and how to respond.
In This Article
Is a Lawsuit Likely?
Not every delinquent account results in a lawsuit, but it is a real possibility — particularly for larger balances. Creditors and the collection agencies or debt buyers they sell accounts to have the legal right to sue for unpaid debt.
What Increases the Risk
- Larger balances are more likely to be pursued in court, since litigation costs money
- Longer periods of non-payment without any negotiation contact
- State statutes of limitations that haven't yet expired on the debt
What Happens If You're Sued
You'll be formally served with a summons and complaint. You must respond by the deadline stated — usually 20–30 days depending on your state — or the creditor can win by default judgment, which can lead to wage garnishment or bank levies.
Can You Still Settle After Being Sued?
Yes — many lawsuits are settled before or even during litigation. Being served doesn't eliminate the possibility of a negotiated resolution, though it does add legal costs and urgency to the situation.
How to Reduce the Risk
- Respond promptly to any creditor or collector communication
- Keep your program administrator informed of any legal notices immediately
- Consider prioritizing larger, higher-risk balances earlier in a settlement program
What to Do If You're Served Papers
Never ignore a summons. Read our guide on how to respond to a lawsuit, and consult a consumer law attorney if you're unsure how to proceed — many offer free consultations for debt-related cases.
How to Reduce Your Lawsuit Risk
- 1Respond promptly to any creditor or collector communication
- 2Keep your program administrator informed of any legal notices immediately
- 3Consider prioritizing larger, higher-risk balances earlier in a settlement program
- 4Never ignore a summons if you are served — respond by the stated deadline
- 5Consult a consumer law attorney if you're unsure how to proceed
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This article was researched using publicly available information from government agencies, consumer protection organizations, and — where applicable — official lender or provider disclosures. Sources were compared for accuracy before publication and are periodically reviewed for updates. See our Research Process and Content Review Policy for details.
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