Can I Get Sued For Not Paying My Credit Card


Yes, you can. While most people do not read the fine print on those mutli-page credit card contracts, the bottom line is that they are legally binding contracts. The credit card company agrees to pay for your purchase at one point in time as long as you agree to pay the credit card company what they bill you for.

What does the Credit Card Company Need to Sue?

In order to sue you, the credit card company will need to do the following:

• Have proof that you went into an agreement with them. Usually, they will need a copy of their credit card contract with your signature on it.

• Proof that you charged something to the account and

• Proof that you breached the contract by not paying the credit card company.

What Happens if You Get Sued?

If the credit card company can prove their case in court, they may be awarded part of your wages automatically as you earn them. If you have any assets like a home, boat, or car, they may be able to put a lien on the asset. If you have been to a Colonial living history museum, you might have heard of debtor’s prison. Well, we have not used anything like this probably since Colonial times, so do not worry about going to jail. You might go to jail if you ignore the court proceedings and they find you in contempt of court.

What To Do if You Get Sued?

Do not put your head in the sand. Once legal proceedings start, they take a life of their own. You may still be able to work things out with the credit card company but you better pick up the phone and start communicating with them. They are often willing to work with card holders, especially if they find out you are thinking about declaring bankruptcy. That is because if you qualify for a Chapter 7 Bankruptcy, you are no longer responsible for your debts (with the exception of taxes, child support, alimony, or student loans). Look for free credit-counselling centres near you. If you are still confused, consider consulting a lawyer who specializes in credit card debt.

Bankruptcy as a Solution?

Bankruptcy is an attractive solution to many people as it affords them protection of some of their assets. These assets usually include retirement savings, a primary residence, and a car (in many cases). This is much better than having a credit card company putting a lien on one’s property (i.e. you didn’t stop making payments on your home but you no longer own it if you owe the credit card company more).

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This article was sent to us by: Peter Carville at 08172010

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