Beating a Credit Card Lawsuit can be difficult, especially when you’re unable to net up with the regular monthly bill payment. If you’re sued by a credit card issuers, you have to make plans for your defense. There is a chance of beating the lawsuit. According to report, up to 90% of all plaintiff in a credit card lawsuit do find it difficult to proved that the defendant is really owing them. For a start, read the document sent to you by the credit card company and then seek some legal advice.
Read Through the Complaint document
In this case, the credit card issuers will be the one to filed lawsuit complaint in court. Here, the issuers are now the “plaintiff” as party that brings in the lawsuit. The complaint is the a legal documents with the facts that brings about the lawsuit. Then read this document in detail. It is possible that you sued by a debt collection company that brought the debt. This determine the defenses that you can build depending on who is suing you.
Take Note of the Duration for Responding
A Summons comes with a complaint. The duration of responding to the lawsuit so take note of the time frame.
- If you fail to respond to the lawsuit, then the plaintiff will have a default judgment. That means, you have lose the chances of defending yourself. In some states, the plaintiffs can them increase your wages.
- Having a default judgment is not easy to set aside. It is important to keep in mind your answer and all your defense details before the deadline of the court.
Get a Legal Advice
To get a strong and good defense, you need to get a legal advice from a qualified lawyer. A lawyer will hear you end of the story and offer a legal advice that will be in accordance with the laws. If getting a qualified attorney will be difficult, contact your local bar association for assistance. You may also visit the National Association of Consumer Advocates website. There’s an attorney search feature to assist you. Perhaps, you do not have money to pay for the services of an attorney, just give it an initial consultation, some lawyers do offer half – hour consultation for a small few. At the time of consultation, ask the lawyer on advice to defend yourself
Reply to the Complaint
You need to respond to the complaint file against you. In your respond, you have to admit or deny every allegations. You can state that you do not have adequate knowledge to admit or deny any allegation. Get to the court and ask for a ‘fill on the blank’ answer form already printed filled by your courthouse or a sample answer as a guide to fit in your circumstances. However, in your answers, ask if you can get a jury trial or not. If the plaintiff have chosen a jury trial, then you will not need to make such request. Vice versa, it largely depend on the plaintiff if they have not chosen jury trial in its complaints, it then left for you to make a choice of a jury trial or not.
Enter Any Affirmative defenses
In your respond also includes affirmative defenses meaning that you’re arguing that the plaintiff should loose even if what he says in the complaint is true. Here are some affirmative defenses clue.
- If the plaintiff took a long time to sue. Status of limitations for debt collection differs from one state to another. In such case the judge can dismiss the case.
- When the plaintiff ha not stated a valid debt. For instance, when the debt collection agency must show a strong and valid evidence that it brought the right to sue on a valid debt. In case if plaintiff did not attach these documents, you can use it against the plaintiff has not making a valid claim and as a defense.
- When you were bit serve the complaint properly. Each state has a peculiar way of serving the complaint document. Using New York as an example, the person filing the lawsuit should serve the copy to the person directly or leave the complaint with someone in their home and mail the second copy. Or the plaintiff should mail the complaint and summons or leave a copy with a neighbor next door. If you were not serve the complaint properly, you can then raise it as a defense.
As you are drafting your answer, you can also Includes any claims that you’ve against the credit card issuers or debt collector. Federal law prohibits debt collectors from engaging an abusive behavior. Behaviors such as following:
- Calling at inconvenience hours.
- Threatens violence or uses violence
- Use of abusive, profane, or obscene language
- Contact third parties about your debt. Exception of your attorney.
- The debt collector does not identify as the debt collector as of when calling you.
If the plaintiff does any of the above violation you can bring it as a Counterclaim for $1,000 for each violation.
File Your Answer
When you are through with your answer, that is responding to the summon, make enough copies and take them to court clerk. Ask to file. You will be required to pay a fee, ask the clerk, it depends on the court. Or a waiver firm if you’re not able to pay.
Serve a copy on the plaintiff by mail or personal service and file a proof of service firm and duly sign where necessary.
Build your defense
- Go through your financial records
- Read your card agreement
- Request for documents from the plaintiff
- Get evidence of identity theft
- File a motion for summary judgment
Defending Yourself at Trial
- Dress appropriately
- Pick a jury
- Deliver your opening statement
- Testify at trial
- Deliver your closing argument
- Await the verdict from the jury
- In case you lose file for an appeal