It’s Been Years Since I Stopped Paying My Credit Card, Will They Sue Me?

February 19th, 2010 by Reed Allmand

Credit Card Revolt

In the state of Texas there is a four year statute of limitations on the ability of debt collectors to sue a debtor because of an unpaid credit card debt.  What that means is that if after your credit card debt is charged off, a debt collector only has 4 years to sue you and get a judgment. If they have not sued you within 4 year, they are not allowed to sue you for repayment of the credit card debt after the statute of limitations has expired.  However, if a creditor is able to sue you and win a judgment, that judgment can last for 10 years.  That means that they can aggressively pursue you for unpaid credit card debt for 10 years after they have won their judgment.  Remember, a judgment can and most likely will be given to the creditor if you fail respond to a lawsuit.  When a judgment is won by a creditor they may have the power to garnish your wages, seize your bank accounts and even put liens against other assets.  It is in your best interests to respond to any lawsuit against you.  And if you have a large amount of debts, such as other credit card accounts, personal loans, mortgages or car loans, you may want to consider filing bankruptcy.  In Chapter 7 bankruptcy you can discharge most unsecured debts such as credit card debt and in Chapter 13 bankruptcy you can repay part or all of your debts under reasonable terms in 3 to 5 years. But whatever you do, do not allow a creditor to win and have the opportunity to enforce a judgment because doing so can cause even more financial distress.

About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

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