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Credit card companies are not the ones that bring lawsuits against the debtor. As a general rule, the account is termed a "charge off" and the account is sold to a third party collector. These agencies work with collection attorneys who decide whether or not to sue. That decision is made on how collectible the account might be. They will sometimes wait a year or more to begin legal action. After a suit is filed, the average time it takes to get into court is 15 months. In some states, depending on the system it can take much longer. There are many contributing factors that can delay the action for an indefinite period of time. Do not forget that the exemptions that apply in bankruptcy also apply in lawsuits. And there are Federal exemptions that can be used outside of bankruptcy proceedings if they can aid the debtor.

In general if you are finding difficulty in paying off loans, you should seek help immediately from an advice centre. People can mediate and help you and if appropriate have the addition of further interest being applied to your account frozen. This will have consequences for your future credit scores but will stop the debt spiralling out of control. The mediators may also be able to agree a repayment plan to pay off your debts that is within your means to service.

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7y ago

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