What are the laws on settling credit card debt
More Americans are struggling to make ends meet in today’s tough economic environment, and, as a result, credit card debt problems are growing. Not only has the number of maxed-out credit card accounts been increasing, but the average amount of credit card debt has, too. Right now, the average cardholder owes about $8,000 on their credit cards — and they owe that much at a time when the average credit card rate is north of 21%. As a result, more people are falling behind and becoming seriously delinquent on their card payments.
When the credit card payments stop, though, the debt collector calls , notices and legal threats tend to follow. And if you’re sued over your unpaid credit card debt, you may wonder whether you should try to settle or face your creditor in court. Settling might save you money and avoid a judgment, after all, but it requires cash and negotiation. Going to court could work in your favor, or it could end with a wage garnishment and a long-lasting hit to your credit.
So, it’s a high-stakes decision with real financial consequences. Understanding when one option makes more sense than the other, though, can help you navigate the situation.
Should you settle your delinquent credit card debt or go to court?
The right approach depends on several factors, including your financial situation, the strength of the creditor’s case and your willingness to negotiate. Here’s a breakdown to help you choose the best path forward:
When you should settle your delinquent credit card debt
There are a few situations in which it makes more sense to settle your delinquent credit card debt, including:
When you haven’t been sued yet
If your creditor hasn’t taken legal action yet, you’re still in a strong position to negotiate a settlement . Creditors often prefer to recoup some money quickly rather than risk the time, cost and uncertainty of a court battle, so reaching out early to offer a reduced lump sum settlement can stop the situation from escalating. The longer you wait, though, the more likely the debt will be pursued through the courts, and your negotiating power may shrink as that happens.
When you have access to some cash
Having some money on hand, even if it’s not enough to cover the full balance, gives you leverage . Creditors are typically more inclined to accept a reduced amount if it can be paid quickly, and a lump sum can be especially attractive to them because it guarantees immediate recovery without further effort or risk.
When you want to avoid a judgment on your credit report
A court judgment can damage your credit for years. It also opens the door to legal tools like wage garnishment, property liens and bank account levies, depending on your state laws. These consequences can linger for years, but by settling before legal action begins, you can resolve the debt on your terms and potentially limit how long the negative impact sticks to your credit report.
When the debt is valid and you know you owe it
If you know the debt is yours and the creditor has the documentation to prove it, settlement is often the most realistic way out. Fighting a valid debt in court rarely eliminates the obligation, and even if you delay the process, a judgment is likely in the end. Settling also helps you avoid the legal costs of a drawn-out case where you’re unlikely to prevail.
When going to court makes more sense
And here’s when it could make more sense to defend yourself in court:
When you’ve already been sued
Once you receive a formal court summons, your options narrow. At this point, you’re legally required to respond . If you don’t, the court will likely issue a default judgment in favor of the creditor, granting them legal rights to pursue repayment through more aggressive means. But by showing up and participating in the process, you may be able to negotiate a better outcome, request more documentation or even get the case dismissed in certain situations.
You’re judgment-proof or truly unable to pay
Some people, by legal definition, are considered “judgment-proof,” meaning they have no wages to garnish, no valuable assets to seize and their income sources, like Social Security , are protected from creditors. If this describes your situation, you may not need to settle at all. A creditor can win a lawsuit, but if they can’t collect, the judgment might have limited real-world consequences.
When the debt is too old to legally enforce
Each state has a statute of limitations that defines how long a creditor has to sue you . If the debt is beyond that limit, it may be time-barred, meaning you have a legal defense to get the case dismissed. Creditors sometimes file lawsuits hoping you won’t realize this, or that you’ll respond in a way that resets the clock. If you’re unsure about the debt’s age, reviewing your payment history is important before taking any action.
When you suspect the creditor can’t prove the debt
When debts are sold to third-party collectors, critical paperwork, like original account agreements or payment records, often goes missing. If a debt collector sues you but can’t produce sufficient evidence to prove the debt is valid, it may be possible to have the case dismissed because the debt collector didn’t have the documentation needed to support their claim. This strategy isn’t guaranteed, but it can be effective when there are clear gaps in the case against you.
The bottom line
If the debt is valid and you can afford to settle, doing so before a lawsuit hits your mailbox is usually the best route. But if you’ve been sued, or if the debt is questionable or uncollectible, going to court may give you a better shot, especially if you’re judgment-proof or the creditor can’t back up their claim. Whatever path you take, though, it’s important to know your rights, understand the risks and get help if you need it. A well-informed decision now could save you a lot of money — and a lot of future stress.
Angelica Leicht is the senior editor for the Managing Your Money section for CBSNews.com, where she writes and edits articles on a range of personal finance topics. Angelica previously held editing roles at The Simple Dollar, Interest, HousingWire and other financial publications.
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