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How to use a Sworn Denial to Win a Credit Card Lawsuit

A sworn denial statement is a legal document that a defendant can use to deny
allegations made against them in a credit card lawsuit. Here are three advantages to
using a sworn denial statement to defend a credit card lawsuit:

  1. Protects your rights: A sworn denial statement helps protect your legal rights by putting the burden of proof on the plaintiff to prove their case. By denying the allegations, you are asserting that the plaintiff has not provided sufficient evidence to prove their case against you.
  2. Can prevent default judgment: If you fail to respond to a credit card lawsuit, the court may enter a default judgment against you. However, by filing a sworn denial statement, you are taking an active step in defending yourself, which can prevent a default judgment from being entered.
  3. Provides a basis for discovery: When you file a sworn denial statement, the plaintiff may need to provide additional evidence to support their allegations. This can provide you with an opportunity to conduct discovery and gather more information about the plaintiff’s case, which can help you build a stronger defense.

Here’s an example of a sworn denial that could be used in a credit card lawsuit:

I, [your name], swear under penalty of perjury that the following statements are true and
accurate to the best of my knowledge and belief:

  1. I do not owe the plaintiff the amount of money they are claiming in this lawsuit. I have reviewed my credit card statements and I have not used my credit card for the transactions that the plaintiff is alleging.
  2. The plaintiff has not provided any evidence to support their claim that I owe them money. I have not received any statements or invoices from the plaintiff indicating that I owe them money. I have not received any notifications or warnings from the plaintiff regarding the alleged debt. I only became aware of this alleged debt when I received notice of this lawsuit.
  3. I have not engaged in any fraudulent activity related to my credit card account, and I have not authorized anyone else to use my credit card.
  4. I believe that the plaintiff is making these allegations in bad faith in an attempt to collect money that they are not entitled to.

Based on the above statements, I deny the plaintiff’s claims and request that this lawsuit be dismissed.

[Your signature and date]

By submitting a sworn denial like the one above, you are essentially telling the court that you dispute the plaintiff’s claims and are willing to swear under oath that they are false. This can be a powerful tool in a credit card lawsuit, as it may force the plaintiff to provide additional evidence to support their claims or to drop the case altogether.