How do I protect myself in court for credit card debt?
Daniel Santos
Updated on January 22, 2026
Takeaways on How to Effectively Defend Yourself in a Debt Collection Lawsuit
- Make sure you respond to the Complaint and your response is timely filed.
- Review potential affirmative defenses that could apply to your case.
- Make the debt collector prove that they have the legal right to sue you.
What can you do in court for credit card debt?
How to respond to a court summons for credit card debt
- Don’t ignore the summons. When you get a court summons for credit card debt, pay attention to it—and make a plan of action.
- Verify the debt.
- Consider debt settlement.
- Contact an attorney.
- Look at your budget.
- Request a payment plan.
- Make a lump-sum payment.
What happens when a credit card company sells your debt?
If the original creditor, such as a credit card issuer or mortgage lender, is handling the debt collection, then your payments will go to the creditor. But if the original creditor hires a debt collector or sells your debt to a debt collector, you’ll send payments to the debt collector.
How long does it take to be sued for credit card debt?
A statute of limitations is a law that tells you how long someone has to sue you. In California, most credit card companies and their debt collectors have only four years to do so.
Can credit card companies freeze your bank account?
If you owe a credit card debt or loan, a debt collector has no right to freeze your bank account until they obtain a court judgment against you. Debt collectors see freezing your bank account as a way of pressuring you into paying off your debt, and sometimes it works.
What happens when a credit card company goes to court?
A credit card company or collection agency must take you to court to get a judgment against you. If you lose the lawsuit and a judgment is issued, a creditor can collect the money you owe. Although it’s better to try to settle the debt before you actually get sued, in most cases, a creditor is still willing to settle after judgment.
What happens if a debt collector buys your credit card?
Debt collectors usually devote more time and effort to collections, often filing lawsuits against debtors. If a debt collector buys your credit card debt, it’s unlikely that the original company is going to turn over your entire account file, if the company even still has it.
Who is the plaintiff in a credit card lawsuit?
As the party bringing the lawsuit, the credit card company is the “plaintiff.” The complaint is a legal document which describes the facts giving rise to the lawsuit. You should read the complaint closely. You also might be sued by a debt collection company which has bought the debt.
What happens if I settle my credit card debt?
Does Settling Your Credit Card for a Lower Balance Affect You When A credit card company or collection agency must take you to court to get a judgment against you. If you lose the lawsuit and a judgment is issued, a creditor can collect the money you owe.
