How To Beat Credit Card Debt Lawsuit
When receiving a credit card lawsuit from a debt collector, defendants must be sure to respond to the lawsuit by the date specified in the court papers to preserve their rights. Debt collectors will contact a person for two reasons: if the debtor is behind in paying bills or the creditor’s records mistakenly make it appear that a consumer is behind on payments.
After a debt collector first contacts a consumer, they must send a written validation notice within the following five days telling the person how much money they owe. This notice should also include the name of the creditor to whom the money is owed and how to proceed if the consumer doesn’t think they owe the money.
Credit Card Complaint
Whenever receiving a debt summons, a credit card complaint should be found attached. The credit card complaint should list numbered paragraphs with each paragraph stating a count against the consumer and listing facts per the creditor. After receiving the complaint, the defendant needs to answer his summons using each paragraph with a denial or admission and then list their affirmative defenses. After having answered the summons with affirmative defenses, the consumer would file it with the court, send a copy to the plaintiff by certified mail and keep a copy for his own records. Again, the credit card complaint will list the creditor’s reasons set in paragraphs. These will include all the counts and facts that they have against the defendant.
Interrogatories to Credit Card Company
Interrogatories are written questions that a party may serve on any other party which must be answered in writing or under oath. They are the most useful means of asking simple, unambiguous questions, obtaining basic information like witness names or verifying facts underlying a vague or indefinite statement in pleading.
How to Answer Interrogatories
Failure to answer the interrogatories regarding credit card debt or any lawsuit can result in a contempt charge from the court. Here are some steps in answering the interrogatories for a credit card lawsuit:
- Before answering the first question, carefully review all the questions listed. Up to 25 questions can be listed by each creditor. Expect questions regarding employment, living arrangements, monthly expenses and bank account information.
- Answer each question truthfully with basic answers. If a question does not apply, write “N/A” in the provided space, letting the creditor know that the question was not skipped. “N/A” also shows a refusal to answer. Making an objection to a question listed on the interrogatory requires permission from the court not to answer.
- Locate the court address on the form and return the completed interrogatories within the allotted time frame. The interrogatory form should state how long you have to submit the answered questions, and typically the time frame will vary from 10-30 days. Be sure to get two certified copies from the court.
- Mail one certified copy to the creditor, and keep one certified copy for personal records.
Credit Card Lawsuit Scam
I took out a credit card and the collection agency did not attach any proof that I now owed them money. I did not take the credit card out with the collection agency; I took it out with original creditor so I owed the creditor money, not the debt collectors. For this reason I denied the suit. The collection agency suing me didn’t attach any type of evidence that I owed them money. There was no chain of assignment provided or proof whatsoever that I owed them money as opposed to the original creditor.
The amount of money that the debt collection company had listed was unreasonable and inaccurate. Plus there was no proof to assist it. Victory was mine just because I knew my rights and knew exactly what to look for in the documents. Without proof there is no case. I have won more than one of these credit card lawsuits, and against top debt buyer companies and banks. Apart from Capital One, none of the plaintiffs had any proof against me, and I still beat Capital One too. These companies just wanted to buy tons of defaulted credit card accounts, hire a lawyer and make some profit.
If a collection agency wants to buy defaulted accounts, they need to prove that they purchased the account as well as the amount they are suing for. Defendants have to watch these amounts, and make sure that they are listed accurately. Everything must be proven.
Consumer Debt Lawsuits
Credit card lawsuits are civil cases. Because consumer debt lawsuits are not criminal cases they won’t result in jail time. Despite the harassment and threats made by debt collectors and aggressive lawyers, a debtor won’t go to jail for this kind of lawsuit. Some people will end up paying more than they really should because they get scared or intimated by collection attorneys and are unaware of their rights. Without the proper knowledge, the average consumer will find it hard to imagine themselves having a winning chance over these savvy attorneys or even being able to overcome the debt collectors. Opposing attorneys will try to get the answers to more questions than are necessary and of course more money than is required.
Unless proof of valid assignment is present, it is rare to see a third party debt collector sue a consumer. Original creditors need to initiate the collection lawsuit or provide the debt collector with the assignment or else they will have a very difficult time legally forcing the consumer to pay the so-called money that is owed. Sure, the attorneys hired by collection agencies may be very well-trained in their field. However, the same attorneys know the little tricks and gimmicks for handling consumers who don’t know how to defend themselves. If applicable, the defendant should let the judge/court know that the creditor never had them sign a valid contractual agreement with them and force the creditor to prove that they loaned the money which was in the bank or creditor’s possession before the supposed loan. Learn as much as you can to go up against these attorneys and fight the credit card case. Winning is so achievable with the right resources. One extremely helpful resource that will walk consumers through the entire summons process is The Defendant’s Package. Keep exploring the site for more information on how to beat these junk debt buyers.