The Documents Needed for a Credit Card Lawsuit

When being sued for credit card debt, it is required to have proof that the consumer actually owes the debt and it belongs to them. Also, the debt could have expired. If you find yourself dealing with a junk debt buyer or collection agency, be sure to get evidence before even thinking about paying any money. There are some documents that you’ll need to see produced in order to find the lawsuit or even the debt legitimate. For example:

  • Account statements
  • Credit card application
  • Proof of Transfer

One thing the creditor needs to be able to prove is that you owe the amount being requested. They can do this by providing all your account statements. They should at least be able to provide the final account statement that clearly outlines all the charges owed, the principal balance, the interest and finance charges.

Another major proof of evidence the creditor can provide is the original credit card application. It must be signed by you. The credit card application also serves as a contract. Should this contract be shown in court it will be proof that you understood all the terms of the agreement because your signature is on it. You also won’t be able to claim the charges as invalid because the application demonstrates that all charges the creditor assessed for non-payment follow the signed agreement.

As mentioned before, if a collection agency files the debt lawsuit in place of the credit card company you will especially want them to prove that they have the right to collect debt from you. Request a contract between the collection agency and the credit card company. This might also be referred to as the “Assignment”. You’ll want to be sure that they have the authority from the company to collect money from you. If the creditor cannot prove that it has the right to collect the debt, they won’t be able to get a judgment.