This Article is About
credit card
debt collection practices
delinquent debtors
fair debt collection practices
court summons
fair debt collection
credit card debt
debt claims
debt collector
debt collectors
local court
Countering A Credit Card Lawsuit
Join 1000's of Authors at StreetArticles Today!

Countering A Credit Card Lawsuit

Receiving a summons for long forgotten credit card debt is causes a great deal of concern and anxiety for many delinquent debtors. The good news is, it’s possible to defend yourself against debt claims even without hiring an attorney. You need to focus on attending all court dates, when requested. Missing just a single date will result in your creditor winning the case by default. This could lead to wage garnishment, property lien or worse, seizing your assets. Below is a step by step instruction on how you can counter a credit card lawsuit.

Step 1: Gathering all documents relating to the debt you are being sued for as well as other information that could help give you leverage against the credit card lawsuit, including agreements, receipts, etc.

Step 2: Draft an answer to the court summons within the given time frame. Usually, defendants (that’s you) are only given 20 days to file an answer to the summons. There are cases wherein the defendant is instructed to visit the office stated on the summons to file the answer. If such is the case, make sure you are within the imposed filing period and bring any necessary documents with you.

Step 3: Start familiarizing yourself with local court laws, federal laws and state laws regarding credit card debt and credit card lawsuit. Certain laws are in place to protect consumer rights against abusive debt collectors, like the Fair Debt Collection Practices Act as well as the Fair Credit Reporting Act. If you feel that you have been victimized by abusive debt collector, bring a documentation of such instances, provide proof of your claim and you just might get the credit card lawsuit dismissed and collect a fine for damages reward.

Step 4: To assist you in building your defense against the credit card lawsuit, consider phoning a debt relief attorney to assist you during the litigation. Although it’s not necessary to hire an attorney having someone who has the legal expertise on your side will dramatically increase your chances of dismissing the credit card lawsuit.

Step 5: Appear in court on the right date. Showing up in court also increases the chances of getting the lawsuit dismissed. The fact is, most debt collectors rely on debtors not showing up in court to win the lawsuit. They are likely to stop pressing charges on debtors who are willing to defend themselves in court.

Step 6: Request that the plaintiff produce documented evidence proving that you owe them money. If they come unprepared, the case is likely to be dismissed and your debt written off the books. If the plaintiff represents a debt collection agency, ask evidence that their company is licensed to collect debts in the state that the credit card lawsuit is being tried.

Step 7: If the plaintiff chose initiate a debt settlement, be honest about your financial situation and propose a sound payment plan.


Street Talk

No comments present
You May Also Like
How to Fight A Credit Card Lawsuit: Answer Your Request for Admissions
If you are facing a possible lawsuit from unpaid credit card debt account, it is important to learn how to fight a credit card lawsuit. You’d be surprised at how easy it is. Of course, you need to remember two things when learning how to fight a credit card lawsuit,…
By:  in  Legal  >  National State Local   Apr 03, 2012  
0
  Likes: 2

How to Fight Credit Card Lawsuit: Filing An Answer for the Lawsuit
When you are learning how to fight credit card lawsuit and you are defending yourself Pro Se, you have to determine how to answer the complaint correctly. The Answer to the complaint is the first defense against credit card lawsuit and if done right, the creditor might have the case…
By:  in  Legal  >  National State Local   Mar 20, 2012  
0
  Likes: 0

Defense Against Credit Card Lawsuit: Fighting Evidence From The Collection Agency
It's important to work out your defense against credit card lawsuit because the plaintiff will do what it can to prove that you are the owner of the debt in question and will make you pay for every penny, including their own legal cost! During the trial, the plaintiff will…
By:  in  Legal  >  National State Local   Mar 30, 2012  
0
  Likes: 2

How to Beat A Credit Card Lawsuit
Learning how to beat a credit card lawsuit starts with extensive researching. The fact is, just because a creditor filed a lawsuit against you does not necessarily mean they can prove their case. You can raise various defenses against junk debt buyers or collection agents but it should only be…
By:  in  Legal  >  National State Local   Apr 02, 2012  
0
  Likes: 3

Credit Card Lawsuit Defense: Fight For Your Rights And Win
Hounded by junk debt agents for old, unpaid credit card debts? If you got served and possibly facing a lawsuit in a few weeks, you need to know all the right credit card lawsuit defense you can use in order to win your case otherwise, you stand to pay not…
By:  in  Legal  >  National State Local   Mar 22, 2012  
0
  Likes: 1

How to Fight A Credit Card Lawsuit: Responding to A Collection Agency’s Interrogatories Correctly
Are you one of the hundreds of Americans who are facing credit card lawsuits for unpaid CC debts? Don't let your creditor bully you into paying up just because you don't know how to fight credit card lawsuit the right way! Generally, creditors assume delinquent debtors have no idea how…
By:  in  Legal  >  National State Local   Mar 25, 2012  
0
  Likes: 2

Credit Card Lawsuit Info: Fighting Back Against Credit Claims
If you are neck deep in credit card debt and you got abusive collectors knocking on your door, there’s no better way to solve your financial problems than to instigate a negotiation rather than deal with a credit card lawsuit. However, if your creditor pressed charges already, then you have…
By:  in  Legal  >  National State Local   Jun 11, 2012  
0
  Likes: 0

Winning The Credit Card Lawsuit Against You
Are you being sued by a credit card company is a challenging situation to be in but fear or intimidations should not prevent you from doing what is right, which is fight the lawsuit (unless you are prepared to pay off the principal debt amount, plus interest, penalty charges and…
By:  in  Legal  >  National State Local   Mar 29, 2012  
1
  Likes: 1

Facing A Credit Card Lawsuit? Don’t Panic Just Yet
For many debtors who are facing credit card lawsuit, their worst fear is getting a default judgment and paying everything from the debt down to the creditors’ legal expenses. Being sued is overwhelming but it does not mean you should just give in to your emotions and start panicking. Don’t.…
By:  in  Legal  >  National State Local   Jun 13, 2012  
0
  Likes: 0

Credit Card Lawsuit Tips: Dealing With A Collection Company The Smart Way
No one likes it when rude collection agents come knocking on the door to collect the money and no one likes to wake up and receive a summons for unpaid credit card debts. Unfortunately, hundreds of people across the country are neck deep in credit debt and with the looming…
By:  in  Legal  >  National State Local   Jun 22, 2012  
1
  Likes: 0

Fighting Credit Card Lawsuit, Winning Your Case
Facing a credit card lawsuit? You are not alone. Thousands of credit card lawsuits are filed and set out on a daily basis by junk debt buyers and collection agencies in hopes of getting more from charged off accounts they purchases pennies on the dollar on. The good news is,…
By:  in  Legal  >  National State Local   Apr 12, 2012  
0
  Likes: 1

Facts To Consider When Dealing With Credit Card Lawsuit
Thousands of people across the country are facing credit card lawsuit for unpaid debts that this actually turned into a billion dollar business for junk debt buyers, who make a living by purchasing old, credit card accounts for pennies on the dollar. In a somewhat twisted way, opportunist are actually…
By:  in  Legal  >  National State Local   May 27, 2012  
0
  Likes: 0

Credit Card Lawsuit Defense: Facts About Collection Laws
The Fair Credit And Fair Debt Collection Practices Act provide protection against abusive debt collectors against dirty collection tactics including outright threats, intimidation, incessant phone calls, and other techniques formerly used to satisfy a debt. With this act, mean-spirited debt collectors can now be held responsible for their nasty collection…
By:  in  Legal  >  National State Local   May 16, 2012  
0
  Likes: 1

Non-Profit Credit Card Relief Companies
Non profit credit card relief companies fund credit counseling programs that make it possible for hundreds of thousands of consumers with their debt reduction issues that are always on the increase in today's world. My advice is that you should read all the details provided so that you can reduce…
By: Jerome Kesslar in  Finance  >  Credit Counseling   Jan 03, 2011  
0
  Likes: 0

Things You Need To Know About The Fair Debt Collection Practices Act
Although many people are familiar with consumer rights law, not a lot of people understand how the law under the Fair Debt Collection Practices Act should be implanted. As such, many debtors are continuously being victimized by abusive creditors and debt collectors, living in fear of being sent to jail…
By:  in  Finance  >  Credit   Jun 28, 2012  
0
  Likes: 0

Article Views: 1680    Report this Article