This Article is About
credit card
debt buyer
discovery phase
unpaid debt
penalty charges
debt collector
being sued by credit card company
interrogatories
local court
necessary documents
creditor
prejudice
lookout
fear
Winning The Credit Card Lawsuit Against You
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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 the junk debt buyer's legal fees). Now, say, once you found out about being sued by a credit card company and you took action, what happens next?

Generally, the lawsuit will proceed with a flurry of written court requests exchanged between you and the creditor. You and your creditor will have to answer each other Interrogatories in the Discovery phase. Assuming that you did everything right once you learned you are being sued by credit card company, represented yourself (Pro Se), familiarize yourself with local court rules and filed the necessary documents for your defense, and you won the case, what's next? If the case is dismissed WITH prejudice (which is what you should be going for), the junk debt buyer can no longer sue you for the same debt ever again. In other words, you won and they cannot hound you over the unpaid debt.

On the other hand, if your case was dismissed WITHOUT prejudice, the debt collector can re-open the case by amending certain documents and press charges against you again for the same debt. In other words, you may have won the battle but not the war.

Note that any company cannot just sue someone and state per the terms of the agreement that you breached the contract or that you have unpaid debt per the terms of the agreement and not have the signed original or a copy of said agreement. If the other party presented a copy, it better have a copyright date for the years the account was opened and NOT one day before nor one day later or else it will be deemed invalid.

Always keep a lookout for updated information on what to do when being sued by a credit card company. This information just might help you win your case without even hiring an attorney! When being sued by a credit card company, getting essential information is the best tool. With the right information, it's quite possible to represent yourself in court and even have your case dismissed by the court. So go ahead, check local court rules, get advice from an attorney or purchase the right eDocument which will help you build your defense and eventually win the credit card lawsuit.


Street Talk

Vivienne, Being sued sounds scary! THanks for walking through what to do if it happens to you. Wonderful photo choice! blessings, Cynthia

Reply
  about 8 years ago
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