Can a credit card company sue me for payment in PA?

Question

I am only 2 1/2 months behind. I tried to talk to them about my situation but they don't care. Now I am getting calls from "pre-legal?" Is that just a threatening term or is this serious?

Answer 1

Can they sue..Yes. Will they sue at 2 1/2 months, probably not. There is the Statute of Limitations that they have to file a suit against you. For PA this is 4 years from the date of last delinquency. Most companies will wait until you get close to that before they sue.

At 2.5 months the account is probably still with the original creditor, although not for much longer. Most creditors will charge-off the account at 90 days. If it is you will want to try and get it worked out before they charge-off the account. If you can't right now, then when they charge-off the account it will go to an outside collection agency which will be a lot worse to deal with.

Once you deal with an outside collection agency, do it in writing only. Never talk to these people over the phone. If you can pay off the balance you need to send them an offer to pay the balance in full, IF they remove the collection account from your report. In the offer write the payment amounts and dates you can make the payments. Be sure to have this in writing from them that they approve it before you send any money.

They do not have the right to harass you or threaten you. With that said if they just said they are from "pre-legal", that is probably not what would technically be considered a threat. Unless they followed it up by more specific things such as threatening jail time or other things that they are not allowed to do or say. The link below will give you some information on your rights under the FDCPA.

Answer 2

They say they can sue, but I have never seen it happen. If you pay on the credit card before it goes to legal which is a very misleading term. What they mean when they say legal is "Collections".

Once your credit card goes to legal/collections it stops accruing interest. If you pay on it before that time it is like spinning your wheels. I have a neighbor who has paid $50 a month for 18 years on a credit card and the balance is now about $1,000 more than when she started.

I finally talked her into letting it go to legal/collections so now she is actually paying on the debt. If you can pay your credit card you need to do so.

FYI---credit card collectors have a 5 month life span in the business. They have a person walking around the room whipping them into a frenzy. I pity them so be nice to those collectors they are mostly college kids who need the money and they have these horrible people pushing them to the max.

Answer 3

Uh...yeah... Pre-legal means they are making their final attempts at resolving your debt amicably. It's not an idle threat and you should try to get it resolved now. * Also, it's illegal for them to threaten legal action unless they plan on taking legal action.

It just so happens I work in Recovery (aka: Pre-legal) and I assure you they are not pulling your leg -- This is your last chance.

However, keep in mind that even if the last collector who called you wouldnt work with you try to work with whoever is calling you now -- Their best interest is to NOT sue you because it cost them money too.... Be prepared to come up with an aggressive payment plan and be sure to keep it because I can tell you --- I'll work with them but if they lie to me Im done with em.

Keep in mind - yes, it cost them $ to take legal action but I am sure they have a good agreement with their attorney...Once they have a jugment against you (and they will get one) they can just help themselves to you cash among many other things.

Try to resolve it now..Dont let it get ugly and ruin your credit

Answer 4

The creditor wins a judgment and that judgment could properly be sued to attach any financial business enterprise account along with your call on it, in spite of if not one of the money are yours. they could additionally use the judgment to lien own aspects, which incorporate your place -- they could't tension foreclosures, however the lien ought to be happy in case you refi or sell. They probable won't lien your place except the quantity owed is extremely great. be sure you respond to the summons interior the time allowed. in any different case, the creditor are able to get a precis judgment. ensue in courtroom. in case you fail to look, they get a default judgment. because you owe, they are going to probable get a judgment besides, yet you're able to get a smaller judgment. Judgments are stable for a protracted time (5 years in PA) and could be renewed. they could wait till you have something to attach.

Answer 5

Oh lol. My bro and and gary his boss(really rich n smart) Said that when you get those call's they are just threatning you to get there money there not going to take action. Its a new gig that there using to scare you and pay. These guys will use verbal language toward you also. Dont worry about it.

Answer 6

Gives you something to think about,doesn' t it?

The answer-Yes! Did you talk to them when you were a week behind?
Probably not. Now, all they care aboiut is getting paid. Your problem is not their problem.

Answer 7

I WOULD SEND THEM AS MUCH AS YOU CAN EVEN IF IT'S $5 OR $10 THAT WAY YOU AT LEAST ARE SHOWING PAYMENT. THEY DON'T WANT TO TAKE YOU TO COURT BECAUSE IT COULD BE A LONG DRAWN OUT PROCESS.

Answer 8

Yes, they can sue.