What to Do If You’re Sued by a Credit Card Company
- Author: Mike Weston
- Last Modified: July 18, 2025
Being sued by a credit card company can feel overwhelming — especially if it catches you off guard. Whether it’s from Capital One, Citibank, Discover, or another lender, knowing what to do when you’re sued for credit card debt can make all the difference in how things play out.
In this article, we’ll explain how to respond to a credit card lawsuit, what your options are, and how to avoid common mistakes that lead to wage garnishment or default judgments.
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Table of Contents
✅ Step 1: Don’t Ignore the Lawsuit
The worst thing you can do is ignore the court summons or complaint. If you fail to respond, the credit card company will likely win the case by default — meaning they can get a judgment against you without presenting much proof.
A default judgment can lead to:
Wage garnishment
Bank account levies
Property liens
Damage to your credit
You usually have 14 to 30 days to respond, depending on your state. Check the deadline on the summons you received.
📝 Step 2: Read the Summons and Complaint Carefully
When you’re served, you’ll receive two important documents:
The Summons: This notifies you of the lawsuit and includes your deadline to respond.
The Complaint: This outlines the credit card company’s claims — including how much they say you owe.
Make note of:
The plaintiff’s name (original creditor or debt buyer)
The amount they claim you owe
The court where the case was filed
The case number
🛑 Step 3: Verify the Debt
Before doing anything else, ask yourself:
Do I recognize the debt?
Is the balance correct?
Is the plaintiff the original creditor, or a debt buyer like LVNV Funding or Portfolio Recovery?
If it’s a debt buyer, they must show:
A chain of title proving they own your debt
Copies of statements or contracts showing you owe the amount claimed
If they can’t prove it, you may be able to get the case dismissed.
✍️ Step 4: File an Answer With the Court
An Answer is your official response to the lawsuit. It’s not a phone call or letter — it must be filed with the court and often sent to the credit card company’s lawyer.
Your Answer can include:
A denial of some or all of the allegations
A request for proof of the debt
Any affirmative defenses (like statute of limitations)
⚠️ Important: If you don’t file an Answer by the deadline, you could automatically lose the case.
⚖️ Step 5: Understand Your Legal Defenses
Depending on your situation, you may be able to fight the lawsuit using these common defenses:
🔹 Statute of Limitations Has Expired
Most states have a 3–6 year time limit for suing over credit card debt. If the last payment was made before that period, the case may be dismissed.
🔹 Lack of Proof
Credit card companies must prove:
You agreed to the credit card terms
You owe the exact amount
They have the legal right to sue you
🔹 Mistaken Identity or Fraud
If the debt isn’t yours, or if it’s due to identity theft, you can raise this as a defense and request documentation.
🤝 Step 6: Consider Settlement Options
Even after a lawsuit is filed, you may be able to settle the debt before the court date. Credit card companies often accept less than the full balance in a lump-sum payment or structured plan.
💡 Tip: Always get settlement agreements in writing, and make sure the company agrees to dismiss the lawsuit after payment.
🧾 Step 7: Gather Evidence and Prepare for Court
If you choose to fight the lawsuit in court:
Request documentation through discovery
Gather statements, letters, or payment records
Practice your argument or consult with an attorney
If you’re unsure, look for legal aid services in your state
Many cases are dismissed when the creditor can’t provide enough documentation to prove their case.
Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.
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