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Myths and Facts of Credit Card Lawsuits

When you find yourself in the daunting position of facing a credit card lawsuit, it can be an extremely confusing and distressing time and it’s hard to know where to begin in your battle or whether to battle at all. Understanding the rhetoric of legal terms and distinguishing between the fact and the fiction can be a minefield. One false step and it’s all over. What’s more, the lies, stories and misconceptions surrounding credit card lawsuits are extensive and make it even harder to get to the bottom of what you should and shouldn’t do.

We’ve uncovered a few of the most common, yet potentially most harmful myths regarding your credit card lawsuit.

“I know I owe the debt”

It’s true that you may have owed debt to the original creditor but a lot has happened between then and now that could mean they are no longer entitled to sue you. Remember that this is a legal case and everything must be documented and proved with evidence. They need to provide you and the court with solid proof of your debt in the form of signed contracts, documents and affidavits etc. There might also be many regulations that the company has not followed which would make the case void. An example would be where the statute of limitations is out of date and so the debt they are claiming for is too old. Also, they may have sold your debt onto another company who cannot prove they have the authority to sue you. For that reason, do not rush into admitting anything.

“If I owe the debt then I’m obviously going to lose”

This is actually not necessarily the case. The credit card company has to jump through a lot of hoops to prove that you owe them anything. They anticipate you not realizing that they haven’t met certain requirements or got the necessary documents and they hope that you will give in quietly without a fight. Even when you do owe the debt, nothing is certain and if you do a little bit of digging, you’ve got a good chance of winning.

“I don’t have any money, so there’s no point in fighting the lawsuit”.

You’ve probably got more assets than you realize and if the lawsuit goes against you, your bank accounts can be frozen, your wages garnished and your property can be seized without any notice. Even if you have absolutely nothing now, a judgment against you could negatively affect any future purchases or plans, if you wanted to buy a house, for example. Fighting the lawsuit can make all the difference to you and your family’s future.

“I need an attorney to fight for me”

Legal advice from an attorney would be ideal but it’s not viable for the majority of those facing a credit card lawsuit. This does not mean that you are without hope and bound to lose. In fact, thousands of people every year choose to fight pro se and win. Many have been helped by The Defendant’s Package which has been put together for that very purpose – to help you fight your lawsuit without the need for an attorney.

“If I don’t respond to the summons, the lawsuit will go away”

This is one of the most dangerous myths out there. If you ignore your summons or even answer late, you will automatically lose and the credit card company will get a default judgment against you. Burying your head in the sand definitely will not help in this situation.

“I’ve never heard of the company suing me so I don’t need to worry”

It’s quite possible that if you don’t recognize the company, the original creditor (your old credit card company) sold your debt to a junk debt buyer. This is totally legal and the company has the right to sue you for your debt, so beware and take it seriously.

“I’ve got no chance of winning a lawsuit against a big company”

It may seem unlikely but big companies like Capital One and LVNV have been defeated by consumers who have fought their lawsuit without an attorney. Remember that to huge corporations like these, your debt is one of thousands and so they will make mistakes, overlook essential criteria and try to cut corners, hoping and expecting that you don’t know any better. If you follow the advice on this site and in the Defendant’s package and fight this lawsuit, you have every chance of beating them.

“They haven’t provided any documents or proof so I’ll ignore the summons”.

Whatever you do, do not ignore the summons! The fact that they haven’t provided you with proof is an excellent defense and one that may well help you win down the line. In the meantime however, you must follow procedure and answer the summons. If you don’t, they will automatically win a default judgment against you.

“I never signed the summons papers personally, so I haven’t officially been served”

Contrary to popular belief, you do not have to have the papers placed into your hands nor do you have to sign the papers in order to be served. The only thing that the person delivering the papers needs to do is leave them where you can see them. He could tape them to your door, leave them under a windshield or drop them at your feet. However they are delivered – they are official and you have been served.

“I’ll explain to the judge why I couldn’t make my credit card payments”

By explaining to court why you did not make payments on your credit card, you are admitting the debt to be yours. This means that the plaintiff no longer needs to provide proof showing that you owe the debt, making a successful outcome very unlikely for you. Remember that the creditor has the responsibility to prove everything to the court so don’t make it easy for them.

Consider all of the facts before doing anything. There is enough information on this site and in the Defendant’s package help you get the process under way and to make success a real possibility for you, whoever you’re fighting against.

Click here to learn more about The Defendant’s Package, which will help you win your credit card lawsuit