Credit Card Debt Lawsuits Getting Dismissed On The Rise
Just recently a customer posted a testimonial stating that he used The Defendant’s Package. Here is that post:
I had our case dismissed by following the exact instructions found in the materials I received. The only advice I would give to anyone is to not lean on their own understanding in any of this. Just because you feel you are 100% right, the court is all about proper procedures. If you don’t follow the packet and do things it tells you to do, you can lose because you did not play by the rules and the plaintiff’s count on your ignorance every time. Don’t think just do and the outcome will be in your favor. In court I saw dozens of people lose because they felt they were right but they lost by not following every procedure. This material saved me from the same fate because my approach would have been about common sense and that plays no role here. This is a about the rule of law that governs every court.
Basically, he is saying that when you get served and you know for a fact what they did is wrong and that you are 100% right, you need to use the proper documents in order to get your point across in a court of law.
You cannot depend upon your word to a judge and state “I am right, now dismiss this lawsuit”. You must send the court the proper documents, mainly your motion to dismiss, in order to prevail.
Courts need documents. For instance, when you are served a summons and complaint, you cannot simply use a piece of notebook paper and send it off. You must answer that complaint right back with the proper formatted document. When you know, in your gut, you are 100% right and the case should get thrown out, it’s the same thing. You must file a properly formatted motion to dismiss with your court in order for the judge to rule on that motion.
The person who took the time to write this testimonial does not want people to ruin their case by not sending properly formatted motions and answers to their court and I find this testimonial to be one of the best we have gotten so far because it simply adds his experiences and what he did to get his case dismissed.
What did he do? It was simple; he used court forms that were properly formatted and he won. So think twice before walking into court assuming that your word is going to win your case.
“I was served papers from Capital One for credit card default. I answered and filed my notice of appearance with the court and sent a copy off to the ‘lawyer’. I denied that I lived in a certain county where the lawsuit was filed because they had my county wrong. So, can they continue to sue me in the wrong county? I just received a bunch of paperwork (interrogatories, request for documents, plaintiff’s request for admissons) from the ‘lawyer’. Shouldn’t the court dismiss this case due to improper juristiction?”
“8675309; You have a few procedural hoops to jump through to handle your suit. Firstly, you must understand that court procedures vary from state to state and vary within the counties within the state. Firstly, you must file a motion with the court and send a copy to the opposing counsel court. Then you should set the motion for hearing with the judge’s secretary; This will slow down your opponent. Sending your adversary a letter has no effect. In your case you can file a motion opposing the venue. Unfortunately, the Plaintiff will probably just make a motion to shift the case to the right venue. Now the real battle begins. Successfully suing a defendant in court is a complicated process. To derail the case you must find legal reasons as to why the case should be dismissed. It’s a matter of finding the right reason. Typical reasons to dismiss a credit card collection case are that the Statute of Limitations has expired to file the suit; Many times the plaintiff lacks the legal capacity, or “standing” to sue you; This is a very common reason as to why cases are dismissed. Frequently, the Plaintiff fails to attach the agreement on which the case is being brought. The longer you can drag out the suit, the less likely the PLaintiff will be successful. I suggest that you go down to the courthouse; look up other collection cases, find a case that was dismissed, and try to absorb the logic and the procedures. Lawyers rarely take cases like this because the fee would exceed the amount in dispute. Best of luck.”