How long does it take for a credit card company to sue when you are behind on payments?

Question Details:

How long will it take before credit card companies sue over delinquent accounts?

Asked 11/15/2009 under Business | 2049 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Business Law Answers

If the account is delinquent the credit card company won't sue until the account is "charged off".  That typically takes 6 months or more after the initial delinquency.  After that it depends.  It can be a matter of weeks or years.  In fact, some companies never sue.  Other companies sell the debt to collection agencies which in turn may or not sue.  Just know that each states has what is known as a "statute of limitations"; this is the amount of time in which a lawsuit can be filed on a particular case.  In TN, a creditor has 6 years to bring a suit after the last activity on the account.  After that, no suit can be brought against you.

Note:  If you make a partial payment or even agree to do so, this can start the statute of limitations up all over again.  So be careful how you proceed with this when, or if, you speak to the creditor/collector.

If a judgement is obtained, your creditor can garnish a portion of your wages, seize funds in your bank accounts, and attach other personal (non-exempt) property.

Related Business Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com