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A judgment gives the creditor the right to use additional collection methods to collect the debt owed to them. For example, if the credit card company proves to the court that you owe $5,000, a court may enter a judgment saying that you owe $5,000 (plus costs and interest).
Don't ignore the summons. When you get a court summons for credit card debt, pay attention to itand make a plan of action. Verify the debt. Consider debt settlement. Contact an attorney. Look at your budget. Request a payment plan. Make a lump-sum payment.
Financial institutions typically don't sue customers who owe less than $1,000 or are making regular payments. As such, you shouldn't need to worry about a lawsuit unless you owe a substantial amount and are well behind on your payments.
A statute of limitations is a law that tells you how long someone has to sue you. In California, most credit card companies and their debt collectors have only four years to do so. Once that period elapses, the credit card company or collector loses its right to file a lawsuit against you.
Credit card companies sue for non-payment in about 15% of collection cases. Usually debt holders only have to worry about lawsuits if their accounts become 180-days past due and charge off, or default.
Unsecured Debts. Unsecured creditors such as credit card companies and most trade creditors must first sue you and win a money judgment against you before they grab your income and property.Instead, the creditor may simply write off your debt and treat it as a deductible business loss for income tax purposes.
Big creditors don't sue over small debts.In fact, many big creditors won't sue over amounts much larger than $1,000. When you consider that the time, effort, and manpower involved in suing someone often exceeds $5,000, then you understand why many of them won't sue.
If a debt goes unpaid and you've made no plans to repay it, your credit card company may sue you in civil court for the balance, hoping a judge will order you to pay.If you think ignoring a creditor's calls about an unpaid credit card debt will make the calls stop, you may eventually be right.
If the debt holder still doesn't pay whomever is collecting the debt, the creditor can file a lawsuit against the debt holder in civil court. However, the creditor is less likely to do so if the balance owed is under $1,000, or if the debt is settled.