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Credit Card Lawsuits’ Most Common Questions

When faced with a credit card summons, the consumer is overwhelmed with questions. The debtor might wonder:

Where did this debt come from? How will I afford a lawyer? Does this mean I have to go to court? Where do I begin with answering a court summons? Who is this company suing me?

Those debt collection attorneys don’t expect the average consumer to know how to fight their debt lawsuit. Getting the upper hand on unsuspecting people pleases them, and since so many people get afraid of debt collectors and don’t know the first thing about credit card lawsuits, they ignore the summons or pay up; either way they lose. Sometimes the sum being demanded is not even the correct amount of debt, and they will wind up paying more than necessary.

Between this website and The Defendant’s Package consumers can get all of their questions regarding a debt lawsuit and more answered. Written by a person who has been through the process themselves and won their credit card case without an attorney, The Defendant’s Package can show anyone how to answer a summons and provides samples of the required legal documents.

Here is a list of some of the most commonly asked questions regarding a credit card debt lawsuit:

  • Do I need a lawyer to defend myself against creditors?
  • No. Just because you’ve been served a summons doesn’t mean you need an attorney to win. You can successfully fight these debt collectors and defend yourself without having to pay a lawyer. Use The Defendant’s Package for step-by-step assistance.

  • How do I answer a credit card summons?
  • Upon receiving your courts summons, file a notice to appear in court. Then go over all of the local court rules and find out what your deadline is to respond to the summons. Send off your discovery documents which include interrogatories, request for admissions and request for documents via certified mail to the creditor and the court clerk within 30 days. Try using The Defendant’s Package as a guide.

  • Where do I get samples of answers to a summons?
  • Browse this website for sample answers and lots of tips. It is filled with information on fighting credit card lawsuits. You will find credit card lawsuit defenses and examples as well. The Defendant’s Package is a great resource also, for even more help.

  • How do I file a motion to dismiss?
  • Before filing a motion to dismiss review the lawsuit and your local court rules. Be sure to check over your state’s stature of limitations laws, and obtain the forms needed from the court clerk. In the motion to dismiss clearly state your reasons for dismissal and explain your argument along with the facts of the case. Submit a form to the court. Keep a copy for yourself and send one to the creditor.

  • Who is LVNV Funding?
  • LVNV is a collection agency that specializes in recovering debt from consumers. The company is known for buying outdated consumer debts and using techniques like harassing phone calls, threatening letters and legal proceedings. They aren’t even the original creditor of your debt.

  • Who is Midland Funding?
  • Midland Funding buys “bad debt” in order to make a profit. The company buys credit accounts that are in default and are another third party collector primarily seeking to make money.

  • What is the FDCPA (Fair Debt Collection Practices Act)?
  • The FDCPA stands for Fair Debt Collection Practices Act, which is an act created to eradicate and eliminate abusive practices in the collection of consumer debts. Created in 1978, the federal law can protect you by regulating the conduct of bill collectors harassing you about credit card debt.

  • What will happen if I just ignore the summons?
  • By failing to answer your credit card summons you will automatically lose the case. If you don’t respond to the summons, the creditor wins by default. You will also likely be left paying a large sum of money, which you could have avoided. The company suing you hopes that you do this so that they will receive a default judgment against you.

Remember, just because you might have opened a credit card with Capital One or Citibank or whatever bank it is, that does not mean you owe the junk debt buyer all the money now. It is one of the gimmicks made by third party collectors filing credit card lawsuits.

More and more questions may pop up into the defendant’s head as they go along with the debt lawsuit, but that’s what this website and The Defendant’s Package have been made for. Both serve as reliable resources when one faces common questions like those mentioned before. Beating this type of lawsuit can require time spent researching and corresponding with the court clerk as well as the plaintiff (creditor), but some of that time used for researching and trying to find answers to questions can be minimized with The Defendant’s Package. It was made to be used as much as possible, because those that put it together were in this same position as you. They know what it’s like to defend themselves, discover collectors’ sneaky tactics the hard way, learn the right and wrong moves when answering a summons and how to properly win a case.

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