People often
ask can you be sued for credit card debts and the short answer is yes you can.
You owe this money and you need to repay it or your creditors will take action
against you. But the good news is that there are various laws and regulations
in place that these financial institutions must adhere to. You, as a consumer,
are very well protected especially when compared to practices outside of the
US.
There are
two types of law, State Laws and Federal Laws. Every State will have their own
rules with regard to debt collection so it is best if you read up on your local
ones. Your bank or financial institution will be able to provide you with a
copy of the relevant laws. There should be a statute of limitation which will
dictate how long your creditors have to file a lawsuit to recover their money.
This does
vary but usually lies within 3 to 10 years but you should check. Federal laws
apply to everyone regardless of where you live. The law you are probably now
most interested in will be the Federal Fair Debt Collection Practices
Act. This law covers how your creditors must behave when attempting to
collect monies due. It also dictates where and when lawsuits can be filed
if you live in a different state to your creditor. Another act you should
familiarize yourself with is the Credit Card Reform act. Depending on your age
and circumstances, you may find that some of these provisions are relevant to
your case.
If you are
having problems repaying your debts, make an emergency appointment with a local
debt counseling service. You should be able to find a free advisor in your area
such as one provided by a charity. If possible avoid the paid debt negotiation
adviser as any spare funds you have should be directed towards repaying your
creditors. Your adviser and the people you owe money to will want to see a full
income and expenditure account. You will need to write down exactly how much
money you make from all sources and what you spend this money on. Some debts
are a priority meaning that you should always pay these first but your advisor
will go through this with you.
Whatever you
do, do not ignore the situation you are in. It will only get worse. All
credit card debt problems can be resolved one way or another. Bankruptcy is
always an option although one you do not want to enter into lightly and
definitely not without proper advice.
Suing you
isn't your creditors' only option. They could sell your debt onto a third party
company who won't care what your personal circumstances are. But if you have
had a good record with your bank and your money problems are recent, you may
find that they are willing to work with you to reach a solution.
So now you
know the answer to can you be sued for credit card debts is yes, you need to do
everything you can to avoid this scenario.
No comments:
Post a Comment