Win Credit Card Debt Court Summons

The chances are that you have found this page due to finding yourself in a sticky situation. Maybe, you have just been taken by surprise by the contents of an envelope you have been given; you have been served with a court summons. In a panicked scramble to find out what it all means and how to solve it quickly, you stumbled across this valuable resource. If this describes you, don’t panic. This is not the end of the world. This site along with The Defendant’s Package can help you every step of the way to win your case.

On the other hand, you may be a little further down the line. You may be over the initial shock and you want to know your options or you have already decided to fight the case.

You may read on other websites and forums that it’s unwise to defend yourself in a credit card debt lawsuit. The ‘experts’ may tell you that it’s near impossible for you to win. This is not necessarily the case. Thousands of consumers have fought their cases and won. Some, possibly like you, had no other choice as they just could not afford an attorney.

If you do your research, work hard and follow the guidance of those experienced in this game, there is every chance that you too can be successful.

On this site and in The Defendant’s Package, you will find many secrets and tips that the credit card companies have been trying to hide from consumers for years. They don’t want you to know them because once you become aware of their tactics and flaws, victory against you in a case will no longer be so simple. Using these secrets against the credit card company will be the key to your success.


Respond

First things first, to give yourself a fighting chance at winning your case, you must respond to the summons and complaint.

One of the first and biggest mistakes that consumers make is to think that as they don’t have any assets, there’s no point in replying. Others believe that the summons is incorrect as they don’t recognize the name of the plaintiff, so again, they think that there is no need in responding. A third, na├»ve group, buries their heads in the sand believing that, if they ignore it, it will go away. All of these concepts are seriously flawed.

If you do not respond to your summons, the judge will automatically award a default judgment against you. This means that you lose and the credit card company can pursue collecting their money without a fight. They will be authorized to garnish your wages as well as take control of your bank accounts.

Ignoring the summons is not an option if you are serious about fighting and winning your case. If you need help setting out your answer, or knowing what to include, The Defendant’s Package can help you.


Dates and Deadlines

This is another factor that is so easily overlooked. If you are not aware of important dates and deadlines pertaining to your case, you risk receiving a default judgment against you by accident.

Read your summons carefully and pay close attention to how long you have in order to file your response. The defendant is usually given between 20-30 calendar days after service of the summons. This means that you must file your response before that time passes.

If you miss the deadline, the result will be the same as if you had ignored the summons completely; a default judgment against you will be filed.


Look for ways to challenge the lawsuit

One credit card debt expert estimated that 90% of lawsuits are flawed, indicating that there is almost always something you can find to challenge the case. This may seem a daunting task if you are new to the legal system and lawsuits. However, there are actually a few, fairly simple ways you can challenge the lawsuit.

For example, one approach may be disputing their standing to sue in their own name. This is relevant when a third party company has bought your debt from the original creditor. Although this is a legal process, the junk debt buyer needs to prove that they have the authority to pursue your debt.

To find out if this challenge is applicable to your case, look at the name of the plaintiff on your summons. Do you recognize the company suing you? Have you ever entered into a contract with them? If the answers are ‘no’ then it’s likely you can use this as a defense in your case.

Another effective point to investigate is the statute of limitations on your case. A party only has a certain number of years within which they can sue on a contract. If they open a case after this time has expired, the case is not valid and the plaintiff will lose.

Check your state’s law on the specific statute of limitation where you live and check to see if your debt is too old to be sued for.


The Burden of Proof

This is the responsibility to prove the case with satisfying evidence. As the defendant, it is not your responsibility to prove that you owe the debt. On the contrary, the onus is on the Credit Card Company or Junk Debt Buyer to adequately prove that you owe the debt that they are suing you for.

This may not be as easy for them as you may think and that is why it is important that you do not make it easy for them by admitting you own the debt, even if you do. A large majority of companies do not have the right documents in order to prove the debt and prevail.

As we have seen, you have every possibility of winning your Credit Card Lawsuit. Educate yourself by using this website along with The Defendant’s Package and the victory that is in sight will become clearer and closer with every step.