Credit Card Lawsuits Plaintiff A Default Judgment
Did you know that every single collection agency that sues a consumer is looking for a default judgment?
When I was sued, I looked up the Collection Agency and saw literally hundreds of cases filed and about 98% of them ended up in a default judgment. People who have old credit card debt need to really consider fighting back. Why would you let someone sue you if you don’t owe them anything? It was the original creditor you defaulted on and not these morons. So, make them prove it.
Just by you answering their Complaint makes more than 50% of these companies back off and voluntarily dismiss the case. I learned that as long as I denied every single thing on their claim, they couldn’t file a Summary Judgment against me. I fought back and won every single time.
So, we may ask: “Where is the contract you are suing me for? What is this affidavit that is signed by your company and not the original creditor? That is considered Hearsay so that won’t work. Where is the Assignment of Debt? Show me that so and so bank assigned all their rights over to you to collect this debt. Show me that I owe you money and not the original creditor”.
Don’t just sit there and think that you have no hope. You do but not if you don’t fight back. Look around this website and see what I did to get these companies off my back. So many consumers have no clue about their rights.
Just because you are being sued doesn’t mean you are without hope, it means this:
- They sue you and hope you don’t answer the complaint so that they can get a default judgment against you and go after your bank account and garnish your wages.
- If you answered the lawsuit and denied everything, they cannot go for a summary judgment against you. The second thing they want is for you to admit some part of the debt and they nail you by admission.
- Seeing that you answered the complaint, the next thing they want to do is send you Discovery hoping that they will get you to admit something or they will trick you with misleading questions. They’ll ask you something in the Interrogatories and then ask you it again only in different words in the Admissions. Be careful.
- If you aggravate them and have answered the complaint on time, and have answered their Discovery on time, the chances are they are going to file a Motion to Dismiss or not show up in court and you will win by default.
How do you stop that? Answer the lawsuit!
If you feel you don’t owe this company anything then you know what to do.
They also hope you don’t realize that you only have 20-30 days, depending on your local court rules, to answer your Discovery. This is especially true with admissions. If you do not answer their Request for Admissions on time, the scumbags can file what is called a Motion to Deem Admissions. This means that you didn’t answer their Admissions on time, so by law they are deemed admitted. Once they get that motion they can hurry up and file a summary judgment against you. So watch the time limit here and answer this timely or face the consequences.
These companies are well known for dragging this out for as long as possible, hoping you make mistakes one way or the other. Hang in there, read your local court rules and fight them every step of the way.
Old credit card debt is especially hard to prove in a Court of Law. They have to have the contract that was signed by you and if they cannot provide that, they’ll need an Affidavit that is signed by the original creditor and not the collection agency. The original creditor only.
Any affidavit coming from the collection agency is hearsay, meaning they were not present when the debt incurred and therefore cannot testify to the truth of the debt.
“Great info, I am going to magistrate on Monday to defend against Arrow Financial and I will use this information.”
“check the original contract made with credit card company to see if the plaintiff is in proper jurisdiction. some of the contracts will specify that an action can only be brought in specific state(s). Also, in cases where absolutely no account activity has taken place for a long period of time- determine whether or not this falls within a statute of limitations?”
“Great info, we got a default judgement against us, we filed a set aside default judgement with in 20 days. It cost 20.00 and we will be able to be herd in court. We are also going against Arrow. They never set any proof to the court just a statement that an amount was owed. This is from 10 years ago and we stopped paying three years ago and tried to info from them and they wouldn’t give us any. We have 65 pages of documents we are going to see if we can win.”
“What if you get a summons without a complaint or contract attached. There was nothing attached to a summons that I received in the mail. I looked up the number on the summons and it was legit but no other information was attached to it and plus I had only 3 days to answer a appearance form. The information on the summons was very confusing and contradictory. Next thing I knew a default judgment was received against me. The lawsuit was filed back in October 2010 and I did not learn about it until January 31, 2011.”