Article

"If You Stop Paying Your Credit Cards can You get Sued?"

Topic: Debt and Debt ConsolidationPublished January 22, 2012
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If you stop paying your credit cards, it is possible, but highly unlikely if you have a lot of unsecured debt(e.g. credit card, medical bills, collection/charge-offs).

Creditors and debt collectors of unsecured debt do have a right to pursue legal action to collect an unpaid debt.

However, it's a big risk to sue a debtor that has defaulted. Therefore, the vast majority of debt collectors would prefer to settle, rather than sue. The cost of suing is usually greater than the amount that the debtor owes the creditor. Besides, even if the debt collector wins a judgment in court, and the debtor has little or no assets, how can the debt collector collect?

If You Have a Substantial Amount of Assets, Stop Paying Your Credit Cards Is Not Recommended If your creditors believe that you possess a significant amount of assets (e.g. cash, stocks, bonds, equity in a property, etc.), they may pursue legal action. However, if you don't have many assets, or a large savings account, it's unlikely that debt collectors will sue.

They may serve a debtor with a summons to appear in court, but that's usually a scare tactic in order to get the debtor to pay the unpaid debt. Even if the debt collector follows through with the lawsuit, the debtor may negotiate a payment plan or a settlement with the creditor before the court date.

The Gamble Creditors Must Take To Sue
If debt collectors exercise their option to sue, here's the process that they typically follow:
1. Perform an asset investigation. This is an inquiry that determines the approximate value of a debtor's assets.
2. Hire an atto
ey to represent the debt collector.
3. Pay required court fees.
4. Obtain a judgment from the court.
5. Worry about the debtor selling his/her assets and emptying his/her bank accounts in order not to pay the judgment amount.
6. Even if the debt collector obtains a judgment, there is no guarantee that the creditors will ever get paid. You can't force someone to pay a delinquent debt if he doesn't have the funds.
Due to the above pitfalls, the vast majority of creditors would much rather settle than sue. They are like any other "for profit" business. It's usually more profitable for them to accept a settlement offer.

Article author

About the Author

My name is Joseph, and I’m a debt counselor with Debt Free Solutions, a debt consulting agency located in Long Beach, CA. I have been assisting people with excessive credit card debt since Oct., 2000. I have developed a deep-rooted passion for helping Americans fight back and escape the credit card trap. When I was in my early twenties, I naively succumbed to the credit card schemes and I nearly filed bankruptcy. In those days, I was not familiar with debt relief programs. The reason why I didn’t file bankruptcy is because I would have felt like a failure. I ended up working two full-time jobs for the next four and a half years to pay-off all my credit card debt, and one personal loan. I’ve walked in your shoes. I can feel your pain and every sleepless night that you may be experiencing. I want nothing more than to payback the credit card companies for all their games that they played in order to try to keep me in debt forever. Yes, I admit, I am responsible for my past debt problems. However, there is something inherently wrong when a creditor knows that a debtor is scraping to make minimum payments and the only thing the creditor cares about is how to extend more credit. I urge you to fight back. Get rid of your debt; put it all behind you-whether you do it on your own or through a debt relief agency. http://nomoredebt.debtfreesolutions.mobi (562) 483-2040

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