Can a credit card company sue when I have been making payments all along and can prove it?
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Can a credit card company sue when I have been making payments all along and can prove it?
I always pay the minimum due each month. A few payments have been late (I’m unemployed), but I have never just not paid. They also claim an account hasn’t had payment for the last 2 years which is false; I can prove I have made payments.
Asked on April 17, 2012 under Bankruptcy Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are two different issues here.
1) First, you write that a "few payments have been late." Unfortunately, once you miss a payment or are late on it, you are in default under the terms of the typical credit card agreement. Therefore, if you have missed payments, you could be used.
2) Second, though, you obviously cannot be sued for amounts which you have already paid. If you are sued, as long as you can prove any payments (e.g. by cancelled checks), you will have to be credited for those amounts.
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