Can a credit card company sue when I have been making payments all along and can prove it?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a credit card company sue when I have been making payments all along and can prove it?

I always pay the minimum due each month. A few payments have been late (I’m unemployed), but I have never just not paid. They also claim an account hasn’t had payment for the last 2 years which is false; I can prove I have made payments.

Asked on April 17, 2012 under Bankruptcy Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are two different  issues here.

1) First, you write that a "few payments have been late." Unfortunately, once you miss a payment or are late on it, you are in default under the terms of the typical credit card agreement. Therefore, if you have missed payments, you could be used.

2) Second, though, you obviously cannot be sued for amounts which you have already paid. If  you are sued, as long as you can prove any payments (e.g. by cancelled checks), you will have to be credited for those amounts.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption