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Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence In Court
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Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence In Court

Here's what many delinquent debtors who are facing a credit card lawsuit are not aware of, many third party collection agencies and junk debt buyers are not given access to important documents by the original creditor where they purchased old, charged off account from. Once the original creditor closed the books on certain accounts, they will remain close even if said accounts are sold to another collection agencies. As such, proving the ownership of a certain account is quite difficult for many creditors.

In such cases, instead of presenting the original card agreement, the plaintiff will try to present old card statements as proof that the debt is owned by the defendant. Now, if you are in this type of situation, you need to learn everything you need to know about defense against credit card lawsuit and how you can work around creditors who claim to have the evidence to win their case.

Now, if your junk debt buyer or collection agent is threatening to send the copies of your old card statement to the court unless you pay the debt in question, plus interest, know that these documents need to be authenticated first. Having these statements will not hold much relevance in court nor could it be the basis for a collector's summary judgment motions if the documents are not certified.

In terms of defense against credit card lawsuit, you need to force the plaintiff to validate the debt and because they cannot simply file documents received from the original creditor, they will find it hard to prove the debt's ownership. With no trace of evidence, your creditor cannot simply press charges and win the lawsuit. Even if they have your old card statements, they will not hold much merits in court because only relevant documents, like the original credit card contract, will be deemed by the court as real proof that will tie your name to the account and debt.

There is no need to panic if a collection agent or junk debt buyer is applying scare tactics like filing old credit card statements and focus on building a solid defense against credit card lawsuit. Here's something you should keep in mind, no one is free to simply file anything they wish to court without authenticating such documents and in your creditor's case, they still have to defend any evidence they present in court.

Always check with your local court rules to determine what you can and what you cannot do in court. By making an effort to learn all the rules, you increase the chances of winning the credit card lawsuit or at the very least, make life extremely difficult for your creditor to the point where they'd rather drop the case altogether.


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