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 dismissed. Unfortunately, many debtors have no clue how to fight credit card lawsuit because they are either too afraid to try or too intimidated to stand up for their rights.
In most cases, the court will assume that both parties are represented by their respective lawyers. However, if you know how to fight credit card lawsuit without any legal representation, then you are expected to provide documents that are type written and not hand written. It's important to remember that all courts have their own legal format for presented documents and both parties are expected to comply. You will also need to get a copy of the top portion of the Complaint documents and modify the response title.
Most of the time, you need to provide the Answer to the summons and complaints in type written form and in the accepted legal format. Writing the answer by hand will increase the risk of the documents being sent back to you. Think of it this way, if the summons and complaints are sent to you in type written form and in the correct format, wouldn't you be compelled to do the same? If your answer is sent out in hand-written form, it could be sent back to you and eventually this could weaken your defense.
Most of the time, something as simple as presenting the Answer on time is enough for the creditor to stop pursuing the case at all. The reality is that, continuing with the lawsuit is so expensive for both parties and the payback is not enough to cover all the legal expenses that creditors would rather make a deal with the debtor. This is especially true for junk debt buyers who do not have the necessary documents, like the original credit card agreement, that could tie the debt in question to the debtor's account. This will make it virtually impossible to prove that the debt is owned by the debtor.
The fact is, you have every right to demand for the original credit card contract and if they cannot produce the documents, the case could be dismissed. With the right information, you can request for evidence, defend yourself in court without an attorney and have your credit card lawsuit dismissed!
Article Views: 2076 Report this Article