Archive for the ‘Credit Card Lawsuit’ Category

How to Answer a Credit Card Lawsuit

You’re over the initial shock of receiving a summons for credit card lawsuit and the fighter in you is now determined to do everything you can to fight back and win this case. By now you should have carefully studied your local court rules for any information, laws and instructions that pertain to your case. […]

Credit Card Lawsuit Defense Preparation

It’s an understatement to say that being served with a court summons from a credit card company is an extremely distressing experience. Years may have passed since you missed a credit card payment and you may have forgotten all about that particular card. However, you now are grasping a court summons and you are feeling […]

Requesting Debt Validation Again

Imagine that someone received a debt collection notice from a junk debt buyer so he sent off his debt validation letter and never heard back from them again. About four months down the line he gets another collection notice for the same debt, but this time it is from a different junk debt buyer. The […]

Credit Card Debt Lawsuit Defaulted in One State Moved to Another

If you opened up a credit card and defaulted in one state, moved and are now being sued in the state where you reside in, what you need to do is look and see if your state has what is called a borrowing statute. A number of states will have a borrowing statute that will […]

Credit Card Lawsuit aka Breach of Contract

A credit card lawsuit is basically a “breach of contract”. However, you have to look at the counts against you on the complaint. Are you being sued under a breach of contract or under an account stated theory? Or both? Did you know collection attorneys who are looking for an easy win will sue you […]

To Validate or Not to Validate a Debt that is the Question

Fair Debt Collection Practices Act Section 809. Validation of debts [15 USC 1692g] (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt […]

Credit Card Lawsuit and Message Boards

When I was served for the first time, I didn’t know what I was doing and I went to a Message Board for help. I asked a few questions and got all wrong answers. I ended up researching for countless hours and reading my court rules over and over again until I fully understood them. […]

Summons for Credit Card Debt Filing Fees

Some courts charge fees to answer your Complaint while others do not. You need to check your local court rules. If your court does charge fees for answering your Summons or for Motions, most allow you to fill out a waiver of fees form. Use a search engine or go to your clerk’s office and […]

How To Answer A Credit Card Debt Summons

After being served, your Summons will state how many days you have to answer the Complaint. The Complaint should have been attached to the court Summons. The Complaint lists the counts against you and how much the plaintiff is demanding from you should they get their judgment. The Summons itself tells you that you have […]

Defend Yourself – Summary Judgment Credit Card

When a summary judgment is filed against either the defendant or plaintiff, each party is allowed to motion the court with a response and opposition to the summary judgment. Defendant’s response and opposition to plaintiff’s motion for summary judgement When dealing with a summary judgment, the defendant can write up an opposition to the plaintiff’s […]