I Was Just Sued by My Credit Card – Now What?

Getting sued by a credit card company is stressful. One day you’re sorting mail, and suddenly you’re holding a Summons and Complaint from a debt collector. Now what?

Don’t panic—but don’t ignore it either. How you respond in the next few weeks can make a major difference in your financial future.

Step 1: Don’t Ignore the Lawsuit

If you do nothing, the creditor will likely get a default judgment against you. That means they win automatically, and they can begin garnishing your wages, freezing your bank account, or putting liens on your property.

Ignoring it doesn’t make it go away—it just makes things worse.

Step 2: File a Pro Se Answer to Buy Time

Even if you don’t have an attorney, you can (and should) file an Answer “pro se” (on your own) with the court. This simple filing tells the court you’re not giving up—and prevents the creditor from winning by default.

Most New York courts have Answer forms available online or at the courthouse. Be sure to respond within the deadline (usually 20 to 30 days from when you were served).

🚫 Tip: Don’t admit you owe the debt, even if you think you might. Once you admit it, you’ve likely handed the creditor everything they need to win.

Step 3: Go to Court and Ask for Time

At your first court appearance, if you haven’t hired a lawyer yet, tell the judge you need more time to consult with an attorney. Most courts will grant you at least one adjournment so you can figure out your next step.

Step 4: Consider Hiring a Lawyer to Defend the Case

You can hire a lawyer to defend the lawsuit. Some lawyers specialize in credit card defense and may be able to challenge the case on technical grounds—like missing paperwork, improper service, or expired statute of limitations.

But here’s the reality: if you actually owe the debt, most people lose. Credit card companies usually have documentation. Unless there’s a valid legal defense, paying for litigation may just buy a little time—not a win.

That’s why it’s crucial to…

Step 5: Talk to a Bankruptcy Attorney—It May Be the Better Option

Filing a response and defending yourself in court can delay the case, but it won’t solve your larger debt problem. If this lawsuit is just one of several or if you’re juggling multiple credit cards, you may be fighting a losing battle.

That’s where bankruptcy comes in. As soon as you file bankruptcy, the court issues an automatic stay that immediately stops the lawsuit and all collection efforts. That means:

✅ The court case stops
✅ Your wages can’t be garnished
✅ You can eliminate most or all credit card debt

Final Thoughts

You’re not powerless—but you are at a crossroads.

You can:

  • File a pro se Answer to buy time

  • Hire a lawyer to defend the case, knowing success may be limited

  • Speak to a bankruptcy attorney who can assess whether wiping out the debt entirely is a smarter long-term solution

👉 Bottom line: If you’ve been sued, the best first step is to consult with a qualified attorney. Whether it’s bankruptcy or court defense, get the right advice before making a move.

Want to speak with an experienced bankruptcy attorney? Contact our office today for a free consultation.

We’ll help you understand your rights, your options, and whether continuing to fight—or walking away—is the better way forward.

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