Tuesday 12 January 2010

Can A Credit Card Company Sue You For Debt

Credit cards are an essential part of the way we all live today, but the very convenience of them can make it all too easy to overstretch ourselves. Being able to just make a minimum payment each month is very tempting, but in the long term it can lead to very substantial debts that become difficult or impossible to pay back. This is the point at which the card companies who were so eager to help us spend money now turn rather serious and start threatening to take us to court.

This is not a pleasant experience for anyone, particularly if you do not understand the legal situation and are not sure if they really can do what they threaten to. Sometimes your dealings will be with the card company themselves, and other times you may be approached by a debt collection agency. Not all collection agencies have a reputation for honesty and integrity, so it is understandable that we may wonder if they are telling us the whole truth when they threaten to sue.

The fact is that a credit card company can sue you for debt if they choose to, and it does not really matter whether you are being approached by the card company or a collection agency. The agency will either be acting on behalf of the card company, or may even have bought the debt themselves. In the latter case you will now owe the money to the collection agency and the principles around being sued are exactly the same.

The consequences of being sued successfully are that a court order will be made against you, and you will be ordered to make payments at a rate that the court decides is fair, considering your financial circumstances. You do not need to worry that you might be sent to prison as a result of this action, but it will have a lasting impact on your credit rating and is certainly best avoided. Also, the consequences do get a lot more serious if you then default on the payments ordered by the court.

Whether the card companies will sue you or not depends on many factors, but if you appear to just ignore the situation, you are making it far more likely that they will. Even if you are already being threatened with legal action, it is not too late to avoid this by using one of the options available to you to deal with your debts.

Credit card debt is what is called an unsecured debt, as it is not tied to any asset (unlike your mortgage for example). If you have a substantial amount of unsecured debt there are two main options open to you that will lead to you being debt free again, so these are at least worth considering. They are for any kind of unsecured debts, so could also include any personal loans, bank overdrafts, etc.

The first option is a debt management plan, which involves a specialist company negotiating new repayment terms with your creditors. This leads to a single affordable payment that you make each month to the debt management company. It instantly reduces what you pay, simplifies your payments and stops the card companies hassling you. To set up a plan you need to have an income and some money spare each month to meet the payments. Such plans are widely available in both the US and UK.

If your situation is more serious and you would struggle to make the payments on a debt management plan, then your best option may be debt settlement. This involves using expert negotiators to work out deals with all your creditors to settle your debts for substantially reduced amounts, in exchange for quick repayment. In the UK there is a scheme called an IVA, which fulfils the same function as debt settlement, dealing with serious debts and writing off part of them.

So if a credit card company is threatening to sue you for debt, the best thing you can do is look into debt management, settlement or an IVA, depending on your situation and where you live. This will send a clear message to the card companies that you are trying to tackle the situation. When it comes to finding a good company to work with, you need to be cautious as there are a huge number to choose from, and they are unfortunately not all effective or ethical.

The best ones are experienced experts who will do all they can to get you out of debt, whereas the worst ones are really just out to take money from you. You should therefore always look for well established companies that can demonstrate a record of success in dealing with people in debt. The safest starting point is to follow recommendations for known reputable companies and to always approach at least two, so that you can consider what each one offers and choose which you prefer.

Read reviews and recommendations for reputable online debt settlement companies and UK IVA providers.

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