Monday, March 26, 2007

How to Stop Credit Card Companies From Taking You to Court in Illinois

Credit card companies will close your account and consider you in default of your credit card agreement if you stop making payments as agreed. Illinois Legal Aid reports that the credit card company will eventually have two choices: It can forget about the bill and consider it noncollectable, or it can send your account to an attorney, who will begin the process of suing you. Contacting the credit card company before your account is assigned to an attorney could help you avoid being taken to court in Illinois.

Instructions

    1

    Contact the credit card company to ask about the status of your account. Call the number on the back of your card or look for it on an old billing statement. Ask for the collections department. The card company may have assigned the account to its internal collections department, or the account may have been transferred or even sold to a debt collector or attorney. The card company can tell you if the account is still being held internally or provide a number for you to call if it has been assigned or sold.

    2

    Offer to settle the debt for less than the full amount owed -- a process called debt settlement. Make the offer to the credit card company if it still owns the debt, or make the offer to the debt collector or attorney handling the account. The SmartMoney website reports that credit card companies and debt collectors often will settle delinquent accounts for 20 to 75 percent of the balance. Make 20 percent your opening offer and continue to negotiate until you have a deal.

    3

    Get the terms of the agreement in writing. Insist that the terms stipulate that the debt will be considered "settled" upon receipt of your payment. Make your payment to end the threat of being taken to court.

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