debt – Can A Credit Card Company Sue You – Being Sued For Debt And Advice On How You Can Avoid It

Posted by Doug Russel | Debt | Thursday 4 February 2010 2:17 am

Can A Credit Card Company Sue You – Being Sued For Debt And Advice On How You Can Avoid It

Credit card companies and collection agencies are quite within their rights to take legal action against you if you have failed to pay a debt that you legitimately owe. Taking out credit is a legal agreement, so if you fail to keep up with your end of the bargain by not paying the money back when it is due, you can be sued.

This does not mean that it is a foregone conclusion that you will be sued, as it can depend on many other factors. Taking someone to court will obviously cost the card company money, so they will want to weigh up the cost in legal fees and staff time, compared to what they are realistically likely to get back at the end of the process.

The fact that you are sued does not magically bring money out of the air for the card company, so if you genuinely cannot afford to pay back what you owe, being sued will not change that. If they successfully sue you, you will be ordered to pay back the money at a rate which the court decides you can afford, after looking at your finances.

You do not want a court judgement against you if you can help it, of course, so it is much better to deal with the problem before it gets to the stage of going to court. By far the best way to deal with credit card debt is to agree a settlement with the company. This may sound easier said than done, because it is, but it is perfectly possible to agree settlements for much less that you owe, if you understand how the card companies work.

My usual advice to anyone in debt would be to never ignore the issue and to talk to your creditors and try to establish a relationship. However, credit card debt is quite a distinct area of debt and requires some specialist advice. For instance, at certain times, it may actually help to ignore approaches from the card company, because timing, in settlement terms, is everything. Judging when to negotiate and when not to, can make the difference between not achieving a settlement and wiping out most of your debt.

By: K D Garrow

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Find out about the ultimate guide to the secrets of effective credit card settlement on the Debt Assistance website. Find advice on debt related issues, including debt consolidation, UK IVAs.