When Credit Card Companies Sue
Credit card companies typically sue after 3-6 months of missed payments, once the account has been charged off. The timeline varies by issuer:
- Some file quickly to get a default judgment before the debtor can respond
- Others sell the debt to a debt buyer, who then sues
- Lawsuits are usually filed in state court for the amount owed plus interest and fees
If you do not respond to the lawsuit, the creditor gets a default judgment. With a judgment, they can garnish your wages (up to 25% of disposable earnings in most states), levy your bank accounts, and place liens on your property.
How Bankruptcy Stops the Lawsuit
The moment you file bankruptcy, the automatic stay under Section 362 takes effect. This is a federal court order that immediately halts:
- All pending lawsuits -- the state court case is stayed
- Wage garnishments -- your employer must stop withholding immediately
- Bank levies -- frozen funds may be released
- Collection calls and letters -- all contact must stop
- Judgment enforcement -- even if they already have a judgment
Key point: It does not matter if the lawsuit is in progress, if a judgment has been entered, or if garnishment has already started. Bankruptcy stops it all. The creditor must file a motion for relief from stay if they want to continue, and those motions are almost never granted for unsecured credit card debt.
What About Existing Judgments?
A judgment does not make credit card debt nondischargeable. The debt is still general unsecured debt and is still fully dischargeable in Chapter 7 or Chapter 13. The judgment itself is voided by the discharge.
However, if the creditor placed a judgment lien on your real property before you filed, the lien may survive. You can file a motion under Section 522(f) to avoid the judgment lien to the extent it impairs your exemption. This is a routine motion that courts grant regularly.
Should You File Before or After Being Sued?
If you know you are going to file bankruptcy, there is no advantage in waiting to be sued first. Filing sooner:
- Prevents a judgment from being entered
- Prevents a judgment lien from attaching to your property
- Stops wage garnishment before it starts
- Eliminates the stress of dealing with the lawsuit
If you have already been sued: Do not ignore the lawsuit. File a response to avoid a default judgment, and consult with a bankruptcy attorney immediately. You can file bankruptcy while the lawsuit is pending.