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credit card
delinquent debtors
discovery phase
concrete proof
default judgment
credit card debt
penalty charges
affirmative defenses
two choices
creditor
summons
negotiation
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Credit Card Lawsuit Info: Fighting Back Against Credit Claims
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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 two choices, ignore the summons and wait until the court rules a default judgment against you (where you are likely to pay off the debt, with interest and penalty charges AS WELL as your creditor’s legal expenses) or fight the credit card lawsuit and eliminate the debt completely.

If you decided raise a dispute, make sure you know the rules, local and state court rules, to be precise. Most delinquent debtors have no idea that they can actually defend themselves in court, even if they are just regular folks and cannot afford an attorney. The fact is, anyone can fight for themselves in court, and when it comes to credit card lawsuit, it all starts with filing an Answer to the summons and complaints you received.

Most Answers will require responses like I Do Not Have Enough Information To Answer The Question, Admit or Deny. The Answers will also include Affirmative Defenses and Counter Claims by the defendant (you). Most courts offer a Pro Se clerk where you can get the forms needed to present your Answer, free of charge.

After you send your Answer to the Summons and Complaint, now’s the time to request Discovery from the creditor or the collection company suing you. The Discovery phase is a court rule which states each party involved in the credit card lawsuit has to provide documents as well as answer certain questions that are relevant to the case. If the creditor cannot produce concrete proof that you own the debt in dispute, you just might walk away with very little to repay.

You can choose to go on with the credit card lawsuit or enter to a negotiation before the trial. This is usually the last shot for both parties to settle the debt out of court. If you or the other party is adamant on going on trial, then you will receive a court date, appear in court and then object to anything that the plaintiff (your creditor’s lawyer) presents in court.

Although defending yourself in court is intimidating, it is not impossible to win the credit card lawsuit just as long as you take time to educate yourself about the local and state laws mandated in your area.


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