Sued By Credit Card Company

Although not proud I must admit to you all that I was sued by Capital One and LVNV Funding for an old Providian Credit Card; and Red Rock Lake Financial for an old Providian Credit Card.

When you are sued for credit card debt depending on if it is the original creditor or a collection agency it really does make a difference. For instance, if you are being sued by an original creditor chances are they will have all the documents on file to prevail in court but they could easily slip up and break some court rules along the way giving you a win. Collection agencies on the other hand really never have any documents to prevail in court.

I’m not proud of it but I must admit to you all that I was sued by Capital One; LVNV Funding for an old Providian Credit Card; and Red Rock Lake Financial for an old Providian Credit Card.

When you are sued for credit card debt, it doesn’t make a difference whether it is by the original creditor or a collection agency. For instance, if you are being sued by an original creditor, the chances are they will have all the documents on file to prevail in court but they could easily slip up and break some court rules along the way giving you a win. Collection agencies on the other hand really never have any documents to prevail in court.

Another thing that matters when being sued for a credit card is how old the debt is. It could be beyond your statute of limitations. The older the debt the harder it is to prove.

A lot of collection lawyers think that just by giving you a Summons that they are going to win. They assume you will not hire a lawyer or fight the credit card lawsuit at all, so that they’ll win a default judgment. If you do not fight, you might as well write them out a check now. If you are thinking about ignoring that Summons, it would be the biggest mistake you’ll ever make.

One of the many reasons I made this website is to inform consumers on how easy it is to win your credit card suit. Even though Capital One was the original creditor in my lawsuit, I still defeated them. I was able to because I became informed and learned my court rules and followed them. Capital One on the other hand did not follow them and as a result, they lost.

There is a ton of information on this website that can help you become informed about your own lawsuit, not to mention The Defendant’s Package that is offered on this website than can help you win your lawsuit.

So many people just ignore their Summons and that will land you in deep trouble. The plaintiff could get a default judgment against you and win all the money, which means they can garnish your wages, garnish your bank account, put a Lien on your house and do so much more damage. With a judgment in hand they won’t stop. If you think that just because you have no assets now that they can’t touch you, just watch. When the judgment is about to expire they will get it renewed for another 10 years and continue to come after you. They are this nasty.

In order to get out of this mess you either need to hire a lawyer or defend the lawsuit yourself and as I have said hundreds of times over it is easier than you think it is.



Additional Information


  • avatar Amy

    “Hello!

    I just purchased your ebook – I am enjoying it and have learned a lot!

    I noticed that the information is focused on Junk Debt Buyers – and I believe that those cases are definitely worth fighting.

    I wonder if you have any additional information or advice on responding to and defending a lawsuit from an original creditor who may have the documents on file. You said that you won your case against Capital One. How did you win and would you share what Affirmative Defenses you used in that case?

    I know you are not a lawyer and cannot provide legal advice. It would just be helpful to hear about your case so we know a little more about what we’re up against. Greatly appreciate your time and love your site!

    Amy from Chicago”


  • avatar Amanda

    “I have been to court 3 times so far from a collection agency that never brought the contract I asked for 3 times. I have court on 3 days and they just mailed me a bunch of statements but no contract. What should I do when I go back into court? Still ask for the contract? Thanks for this website its helped so much!”