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Credit Card Lawsuit Court Documents

This page serves as a central access point for many of the sample court documents and templates used to win actual credit card lawsuits. These sample court documents may help you with basic preparation for your own case. Remember, the most important thing you need to do right now is respond to your lawsuit. If you are interested in a detailed step-by-step guide that has already been used to win actual credit card lawsuits, click here

Important Credit Card Lawsuit Legal Terms

What is a Summons? The creditor will start off a summons by preparing a complaint and submitting it to the court, informing them that the defendant is being sued. The summons will state the amount of time the defendant has to answer the complaint. If you, the defendant, do not answer or show up on your court date (small claims court), you will get a default judgment entered against you. This means that the creditor wins the case and is now entitled to collect the entire amount listed in the complaint. What is a Complaint? A complaint is the initial document filed by the plaintiff in a civil case stating the claims against the defendant. The complaint will include the plaintiff’s name, defendant’s name, the amount they are suing for and the remedy they are seeking. Every complaint is different, but these standard items are almost always included.

A Few Key Tips To Winning Your Credit Card Lawsuit.

    • Answer your Summons. It is extremely important that you answer your summons and show up to court. Remember, the burden of proof that you owe the debt lies with the creditor, and oftentimes they do not have this proof. If you show up, and the creditor lacks proof you owe the debt, you might win.
    • Check the copyright date on credit card agreement. If the credit card agreement is attached to your complaint, be sure to check the copyright date on the agreement. In most cases, it will be dated after the date you incurred the debt. A motion to strike the credit card agreement from the complaint has been used successfully in some of these cases. A successful motion to strike will make proving your debt much more difficult.
  • Pick Apart the Complaint. In many cases, the creditor that’s suing the defendant is not the original creditor with whom the defendant signed an agreement. Many times, the agreement the defendant has signed allows the original creditor to assign this debt to another party. However, since the defendant never signed an agreement with the plaintiff, the plaintiff must provide documentation in court that the defendant’s debt was legally assigned to them from the original creditor. If the plaintiff cannot provide this information, they may very well lose jurisdictional rights to sue you.
Below are links to articles that may be able to assist you with your credit card lawsuit. Please note that over 90% of defendants do not make it this far, and simply lose their lawsuits by default. Researching your options and responding to your summons are the first steps towards victory.

Additional Reading