HomeLearning CenterWill Credit Card Companies Sue Me?
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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.

Relief Guardian Editorial TeamUpdated July 2026Editorial standards →

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.

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Editorial Independence: This article was written by the Relief Guardian Editorial Team. ReliefGuardian is an independent research and comparison resource — not a debt relief company. We may earn a referral fee from providers linked on this site, which never influences our editorial assessments. Last reviewed and updated July 2026.