Being sued, under any conditions, is one of the scariest experiences ever; and, some cynics say that if you haven’t been sued yet, you haven’t lived long enough. If you haven’t paid your credit card bills and haven’t yet filed bankruptcy, your credit card company has the right to sue you. As if all the phone calls and demand letters weren’t bad enough!
What Happens When Your Credit Card Company Sues You
If your credit card company sues you, you have four choices. You can:
- File bankruptcy to stop the lawsuit,
- Hire an attorney and defend against the lawsuit, or
- Ignore the lawsuit
- Pay off the debt
What Happens if You File Bankruptcy?
As soon as you file bankruptcy (and the bankruptcy petition is accepted by the court) the credit card company must stop trying to sue you.
In fact, the court issues an “automatic stay” and all collection attempts must stop. This includes lawsuits; phone calls; phone calls to neighbors, relatives, friends, and work; letters; and garnishments.
When your bankruptcy is complete, credit card bills are forgiven, completely discharged.
What Happens if You Hire an Attorney and Defend Against the Lawsuit?
You and your attorney would have to prove that the credit card bills are in someway fraudulent (i.e. not really your bills.) In most cases, this defense is inappropriate.
If you cannot successfully defend the lawsuit, the court will allow the credit card company to garnish your wages and/or bank account. This means that the credit card company gets paid before you do.
In addition, a lien could be put on your house or any other real estate you own.
What Happens if You Ignore the Lawsuit?
If you don’t hire an attorney defend against the lawsuit, the same thing will happen as if you had defended, but unsuccessfully. The court will allow garnishments of your wages and/or bank account and a lien may be put on your real estate.
Where to Get Qualified Legal Help
Consult with a qualified attorney when considering bankruptcy or if you have any questions about bankruptcy. Bankruptcy is a very specialized area of law; be sure your attorney focuses his or her practice on bankruptcy and helping people like you.
We focus our practice on bankruptcy law and dealing with credit card companies; you can reach us at 513-793-6555 or Thomasjr@geygan.com. We will gently walk you through the process, answer your questions, analyze your case, protect your assets, and aggressively fight for your legal rights.
If you are from Southern Ohio and are interested in more information about how we may be able to help you please fill out this form below.
Geygan & Geygan, Ltd. is a Debt Relief Agency because we help people live without debt through various means including bankruptcy