Steps to take when sued for credit card debt

Ignoring notices from debt collectors does not make the debt go away. Ignoring the summons regarding a lawsuit will not make the lawsuit go away.

When you receive a summons notifying you that you are being sued, read it carefully to know how long you have before you must respond. If you do not respond, the court may rule in favor of the debt collector. Before responding, consider your next steps.

Verify the debt

Debt collectors must provide specific details about the debt in question, including the creditor and the amount owed. If you do not recognize the debt, an error or even identity theft may have occurred. You can dispute a debt you do not believe you owe.

Check how old the debt is

As of April 2022, the statute of limitations for debt collection lawsuits in New York is three years. This means creditors cannot sue or threaten to sue consumers for debt that is over three years old. If you receive notice of a lawsuit regarding an old debt, check the date of the debt to make sure the statute of limitations has not passed.

Consider settling outside of court

When sued for credit card debt, you can attempt to settle the matter with the credit card company outside of court. Court battles often take a long time, and the credit card company may be willing to settle for less than the amount owed to settle the matter quickly.

If the debt is valid, consider consulting a legal professional before you decide what to do. If you choose to settle the debt, a lawyer can help negotiate a settlement. Or a lawyer can help you fight the debt in court if you choose not to settle.