Credit Card Lawsuit aka Breach of Contract

A credit card lawsuit is basically a “breach of contract”. However, you have to look at the counts against you on the complaint. Are you being sued under a breach of contract or under an account stated theory? Or both? Did you know collection attorneys who are looking for an easy win will sue you under an account stated theory? An account stated theory allows them a lot of breathing room.

I started looking up breach of contract cases in my state and my local court rules to see what laws they broke first and took it from there. I wasn’t into the breach for more than five minutes before I saw all sorts of things they did wrong and so I started doing more research. If they provided statements from the original creditor, have they been authenticated?

If they provided you with an assignment, does the assignment list your name and account number on it or does it just say that they purchased accounts from the original creditor? If there’s no name or account number, it’s not good enough! That just proves that they had a relationship with the original creditor but it doesn’t prove that they bought your account, does it?

Always look at the complaint and check your local court rules. Use a search engine to look for breach of contract cases or credit card lawsuit cases in your state and see if you can come up with any that pertain to your lawsuit. Read them, take notes, and find out if there anything that can help you with your own case?