Defending Credit Card Lawsuits

July 5th, 2011 | Posted in Credit Card Debt

You’ve been served a credit card lawsuit; now what do you do?? If the collection agencies are contacting you and you’ve been served papers, it feels like you’re up against a wall all of a sudden. This would all be so much easier if you could afford a great attorney, right?? Wrong! You don’t need a lawyer to fight your case. You are most capable of handling this sort of thing on your own. Would you like to know how I know that? I have fought back and won credit card lawsuits myself! With my help you’ll gain the know-how on how to do the same.

First, I’d like to let you know that the collection agency that is suing you could very likely have ulterior motives. These guys are expecting you to call them and settle or not even answer your summons. But when you do that they get a Default Judgment. Our little friends use this judgment to garnish your wages and legally freeze your bank accounts. Are you still thinking about ignoring your summons? Yeah, I didn’t think so. You still have a fighting chance, but by not responding you are already giving up.

Winning your credit card lawsuit begins with the actual complaint. There are a few questions you may have to ask yourself early on. As you look over the complaint you may be wondering “who exactly is this company”. You might also wonder “how did a $1,000 limit turned into an $8,000 lawsuit?” “How did this random company come up with this number?” Have you already located the contract that you supposedly signed which agrees to the information on this complaint? Where is the proof? For more questions that you should go over when receiving your lawsuit, visit howtowinacreditcardlawsuit.com.

Figure out if the plaintiff is the original creditor who you opened up your credit card with or if they’re stating that they are the assignee of the original creditor. If the plaintiff is listed as the assignee of the bank that you originally opened your credit card with then what gave this “Assignee” the legal right to sue you under contract that you must have signed with the original creditor?

To avoid a default judgment you MUST answer your summons listing all your affirmative defenses. If you answer your summons correctly then chances are that the collection agency will dismiss the case because they don’t want to deal with people who are well aware of their rights and will fight back. In order for the collection agency to win the case they have to have all the documents with proof once you’ve decided to fight back. If they can’t prove all the information from above to you, then they likely cannot prove it in court either. When sued by the original creditor a fresh bill and the original creditor most likely have the documents to prevail in a court of law, but being sued by junk debt buyers is different. The junk debt buyers must have many documents to prevail in a court of law and 90% DON’T have the documents to prevail. Find out more on how this process works using my Defendant’s Package at www.howtoanswerasummons.com.

Want to find out more about getting your credit card lawsuit dismissed, then visit my site on how to answer a summons for credit card debt.