How To Win A Credit Card Lawsuit
You are probably here because you have been served with a credit card debt summons. If that is the case, you are at the right spot! Our site is specifically designed for anyone who has received a summons from either a junk debt buyer or an aggressive credit card company. We provide you with free information used by thousands to win real credit card lawsuits, and get debt litigation cases dismissed!
The most important thing you can do right now: Answer Your Summons!
If you do not answer your summons, you will lose. Period. Below are the steps necessary to answer your summons. We, first, provide you with a quick summary, and then go further in depth.
How To Answer Your Credit Card Summons
- Review Summons Carefully
- File Notice to Appear
- File a Motion to Dismiss (if applicable)
- Send Discovery documents
- File a Motion to Strike the Affidavit of Debt
Here’s an in depth look at each individual step and what answering a summons entails:
1. Review Summons Carefully
Upon being served a credit card lawsuit, review the entire summons packet and pay close attention to all the information. Here are some things to look for:
- Is it the original creditor filing the complaint?
- Locate the Copy of Assignment: their legal right to sue you
- Do the third party collectors have legal claims to debt?
- When does the court expect a response?
2. File A Notice to Appear
It is critical that you answer your summons by filing a notice to appear by the date stated. Failure to show up in court will result in an automatic judgment for your creditor. To file your notice to appear you must:
- Tell the court that you plan to attend court and defend your lawsuit
- Attach your Certificate of Service with every document
- Send one copy to creditor & keep one for yourself
3. File A Motion to Dismiss (if applicable)
If you have reason to believe that the creditor does not have a legal right to sue you, you may file a motion to dismiss. When filing a motion to dismiss you must:
- Check your state’s statute of limitations
- Cite the statutes if debt is considered too old by your court
- Clearly state your reason(s) for dismissal
- Find out if your local court requires a memorandum or affidavit with the motion
4. Send Discovery Documents Request to Creditor
The Discovery phase allows each party to obtain evidence from the opposing party before going to trial. Discovery documents include: Interrogatories, RFA and Request for Documents. Determine which pieces of information the creditor has that you need and create discovery requests to obtain them. The Creditor must have documented proof of your debt so force them to show evidence. This is where many cases are won by the Defendant.
- Place a request for Interrogatories, Request for Admissions & Request for Documents
- Answer the questions and fill out forms accordingly
- Send Discovery via certified mail to Plaintiff and Court Clerk by the deadline (within 30 days)
5. File a Motion to Strike the Affidavit of Debt
An affidavit of debt is a sworn statement from the collection agency stating that they are aware of the methods of record keeping at the original creditor concerning the debt in question. This is how they certify that the information in the complaint is true, but oftentimes the creditor’s affidavit of debt is fraudulent and you must file a motion to strike.
- These affidavits of debt are usually fraudulent or contain false evidence
- A motion to strike this evidence must be filed to get the evidence thrown out of court
- If you don’t object to this affidavit the court will assume the debt is valid
Why Is It Important to Answer Your Summons?
Here is what happens if you DO answer?
If a court summons is answered the correct way it is highly likely that the collection agency will drop the case or it will be dismissed because collection agencies don’t want to deal with people who know their rights, challenge them and actually know what they are doing. Third party collectors rarely have the necessary evidence and will either drop the case and give up or the case will be thrown out due to lack of proof.
Here is what happens if you DO NOT answer?
If the Defendant fails to respond to their debt summons he or she will automatically lose by default judgment. Ignoring the summons or answering too late results in a default judgment, and the creditor walks away with even more of the consumer’s money than necessary. The collection agency that is suing expects the consumer to do one of two things:
1. Call and settle the case, or 2. Ignore the summons.
If a consumer does either of the two things, he is sure to lose by default judgment! This judgment will then be used to legally freeze the consumer’s bank accounts and garnish their wages. By calling the collection agency a consumer is practically admitting to owing the money, which is something that can be used against them in court. This is the first mistake many people make. Do not call the collection agency.
Avoiding default judgment requires answering the summons and listing all affirmative defenses. These affirmative defenses are explained further on our site.
Most Commonly Asked Questions Regarding Credit Card Debt Lawsuits
Do I need an attorney to defend myself against creditors? No! You can successful defend yourself against debt collectors and creditors without having to pay an attorney. For step-by-step help try using the Defendant’s Package.
How do I answer a summons for credit card debt? File a notice to appear with the Court. Go over all court rules and find out deadline to respond to summons. Send Discovery documents (Interrogatories, RFA &RFD) certified mail to Plaintiff & Court Clerk within 30 days. For more information on How To Answer a Summons click here
Where can I find sample answer to summons? Sample answers to summons can be found right here on this website. For even more examples of answers that have been used to win debt lawsuits get The Defendant’s Package.
How do I file a motion to dismiss? Review the lawsuit & court rules. Check your state’s statute of limitations laws online. Obtain the necessary forms from the Court Clerk. Clearly state reasons for dismissal, present your argument & facts of the case. Submit the form to Court, send a copy to creditor and keep a copy.
What Creditors Must Prove To Beat You in Court
The following items must be proven to the Court in order for Debt Collectors to win the case:
1. Name of the company or original creditor If they cannot prove that they actually own this debt and can sue you, you win!
2. Proof of assignment If the debt buyer cannot prove it has a valid chain of assignment back to the original creditor, you win!
3. Signed documents/contract If they cannot prove that you owe the original creditor the stated dollar amount you win!
4. Credit Card statements showing how they came up with the amount Defendant is being sued for If the debt buyer doesn’t have evidence of this credit card account, there is reason for dismissal! Make them prove it down to the last penny by providing such documents.
The Plaintiff must show that they are listed as the Assignee of the bank you originally opened your credit card with, otherwise, you win! If the creditor’s attorney cannot prove any of this to the Defendant, they cannot prove it in court, and will lose the case.