Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court

Most junk debt buyers and collection agencies do not have access to certain documents once original creditors closed the book on old, charged off card accounts and this makes it difficult to pin the debt on the debtors being sued.

In such cases, instead of presenting the original card agreement, the plaintiff will try to present old card statements as proof that the debt is owned by the defendant. Now, if you are in this type of situation, you need to learn everything you need to know about defense against credit card lawsuit and how you can work around creditors who claim to have the evidence to win their case.

Now, if your junk debt buyer or collection agent is threatening to send the copies of your old card statement to the court unless you pay the debt in question, plus interest, know that these documents need to be authenticated first. Having these statements will not hold much relevance in court nor could it be the basis for a collector's summary judgment motions if the documents are not certified.

In terms of defense against credit card lawsuit, you need to force the plaintiff to validate the debt and because they cannot simply file documents received from the original creditor, they will find it hard to prove the debt's ownership. With no trace of evidence, your creditor cannot simply press charges and win the lawsuit. Even if they have your old card statements, they will not hold much merits in court because only relevant documents, like the original credit card contract, will be deemed by the court as real proof that will tie your name to the account and debt.

Don't panic if a collection agent or junk debt buyer is applying scare tactics like filing old credit card statements and focus on building a solid defense against credit card lawsuit. Here's something you should keep in mind, no one is free to simply file anything they wish to court without authenticating such documents and in your creditor's case, they still have to defend any evidence they present in court.

Always check with your local court rules to determine what you can and what you cannot do in court. By making an effort to learn all the rules, you increase the chances of winning the credit card or at the very least, make life extremely difficult for your creditor to the point where they'd rather drop the case altogether.

For more information on how to fight against all debt claims without hiring a lawyer, click here.

Defense Against Credit Card Lawsuit: Fighting Evidence From The Collection Agency

It's important to work out your defense against credit card lawsuit because the plaintiff will do what it can to prove that you are the owner of the debt in question and will make you pay for every penny, including their own legal cost!

During the trial, the plaintiff will try to collect as much evidence as they could to pin the debt to you. They cannot get a default judgment if they were not able to gather enough admissible evidence to prove ownership of the debt. They will try to get at least one person to testify that you own the dent under oath. The witness will be subjected to cross-examination.

Usually in during the credit card debt lawsuit, witnesses can only testify about certain matters that they know personally, and not give information they obtain through hearsay. However, there is an exception to the hearsay rule. An exception may be ruled is allowed for business records admitted into evidence in certain circumstances in California. There are certain criteria to be met in order for a business record to be admitted in court. You need to check with your local court to determine what the exemptions are for the hearsay rule.

Most often, creditors will fight off your own defense against credit card lawsuit by presenting evidence in the form of statements but may not have witnesses who can testify how such records were made. In some cases, the creditor will not produce any documents that would pin the debt to the defendant. If the credit card lawsuit ever goes to trial, there is very slim chance that they will win due to lack of evidence.

You can build your own defense against credit card lawsuit around this weakness and demand that the debt be validated. Chances are, they do not have the necessary documents to prove their claim and if they cannot prove the ownership of the debt in question, then they cannot win the lawsuit.

Building your own defense is a matter of making extra effort to research, purchase the right guides and even consult a lawyer. Any and all of these are instrumental in winning a credit card lawsuit. So don't be a sitting duck and get as much information as you can about defending yourself in court Pro Se. Showing your creditor that you know a thing or two about fighting against the lawsuit could drive them to drop the case and move on to less informed debtors.

Learn how to fight all debt claims without even hiring an attorney.

Winning The Case When Being Sued By Credit Card Company

Are you being sued by a credit card company is a challenging situation to be in but fear or intimidations should not prevent you from doing what is right, which is fight the lawsuit (unless you are prepared to pay off the principal debt amount, plus interest, penalty charges and the junk debt buyer's legal fees). Now, say, once you found out about being sued by a credit card company and you took action, what happens next?

Generally, the lawsuit will proceed with a flurry of written court requests exchanged between you and the creditor. You and your creditor will have to answer each other Interrogatories in the Discovery phase. Assuming that you did everything right once you learned you are being sued by credit card company, represented yourself (Pro Se), familiarize yourself with local court rules and filed the necessary documents for your defense, and you won the case, what's next? If the case is dismissed WITH prejudice (which is what you should be going for), the junk debt buyer can no longer sue you for the same debt ever again. In other words, you won and they cannot hound you over the unpaid debt.

On the other hand, if your case was dismissed WITHOUT prejudice, the debt collector can re-open the case by amending certain documents and press charges you again for the same debt. In other words, you may have won the battle but not the war.

Note that any company cannot just sue someone and state per the terms of the agreement that you breached the contract or that you have unpaid debt per the terms of the agreement and not have the signed original or a copy of said agreement. If the other party presented a copy, it better have a copyright date for the years the account was opened and NOT one day before nor one day later or else it will be deemed invalid.

Always keep a lookout for updated information on what to do when being sued by a credit card company. This information just might help you win your case without even hiring an attorney! When being sued by a credit card company, getting essential information is the best tool. With the right information, it's quite possible to represent yourself in court and even have your case dismissed by the court. So go ahead, check local court rules, get advice from an attorney or purchase the right eDocument which will help you build your defense and eventually win the lawsuit.


End all debt claims by purchasing the complete Answering a Summons eDocument today! Click here to order now.

Credit Card Lawsuit Defense Facts

It is critical to build your credit card lawsuit defense once you receive a court-ordered summons from your creditor. However, do note that getting the summons from the original creditor or a junk debt buyer makes a difference. If you are sued by the original creditor, chances are, they still have all the necessary documents that ties you with the charged off account they want to collect from. But creditors always go for little victories, like a settlement offer, to move on to the next debtor. On the other hand, junk debt buyers do not have the necessary documents they can use against you, a fact that is critical to your own credit card lawsuit defense.

Another factor to remember when facing possible lawsuit from a creditor is the statutes of limitation in your state. If the debt is several years old, the harder it is for creditors to prove the debt's ownership. 
Many times, creditors' attorneys think that debtors will ignore the court summons and bagging an easy with through default judgment. If such is the case, it is important to draft an Answer within the given time period otherwise, you will lose the case! Creditors and their lawyers will conveniently leave out the fact that you are only given several days to answer the summons (20 days in most states) or else, default judgment is ruled in favor of the creditor! If you are planning to ignore the summons, you might as well write your creditor a check, it'll be much cheaper.

It might seem challenging, representing yourself in court and building your credit card lawsuit defense on your own but this is not the case at all. The whole thing will pay out through a series of written requests, motions and paperwork. It's just a matter of knowing what you need to do and get a-hold of important sample letters that are legally formatted.

Take the first step towards effective credit card lawsuit defense by drafting your Answer. It will send out a clear message to your creditor "I will not take this sitting down, I will fight for my rights". In some cases, something as simple as filing an Answer to the summons is enough for creditors to drop the suit all together. So what are you waiting for? Get as much information as you can about credit card lawsuit defense and you are well on your way to victory.

End all debt claims by purchasing the complete Answering a Summons eDocument today! Click here to order now.

Credit Card Lawsuit Information: Explaining The Plaintiff

If you are facing a credit card lawsuit for the first time, chances are, you have very little to go on in terms of defending yourself. In this article, we will discuss basic credit card lawsuit information, getting to know the plaintiff.

Now, if you got served a summons by the court, you need to read the Complaint and the summons thoroughly because they contain all the answers you need to know about how you can answer the summons correctly. From the documents, you will also discover how much time you have to file your Answer. If you did not answer the Complaint within the given timeframe or you ignored the summons completely, your credit card company or collection agency will win the credit card lawsuit through a default judgment.

From the Complaint, you will see the Plaintiff’s name and the defendant’s name. The plaintiff is essentially the junk debt buyer, the original creditor or a collection agency while the defendant is you.

The plaintiff is the one who filed the credit card lawsuit and is seeking compensation for the damages. Those damages are Money damages and should be indicated on the complaint document that alongside the summons. Therefore, to determine how much money you need to pay up once you lost the case, you will need to check the court ordered summons as well as the accompanying documents.

The plaintiff filed the credit card lawsuit because either you failed to respond to their collection calls or you failed to answer their collection letter, including failure to send a debt validation letter. On the last paragraph of the complaint that starts off with “Wherefore” and within that paragraph, the amount of money the plaintiff wants you to pay will be indicated.

These are just some of the basic information you need to check when you are facing a credit card lawsuit. You need to get as much information as you can if you plan to represent yourself in court. The first thing you need to do when you got served with a summons is to check your state’s local court rules to determine whether or not you have to file an Answer to the summons and complaint immediate. In some cases, filing an immediate Answer to the summons and complaints is not the best move. If you are required to answer the summons right away, do so in a type-written and legal format to void the documents from being sent back to you.

Learn how you can defend yourself in court without the costly legal charges. Click here to order the ultimate guide that will end all debt claims once and for all!

Credit Card Lawsuit: Dealing with Junk Debt Buyer’s Admission Request Lawsuit

During the discovery phase of a credit card lawsuit, you are bound to receive a series of questions you need to answer, including Request for Admissions, a set of statements that the plaintiff will ask you to either Admit or Deny. Just like Interrogatories and Request for Documents, you are given a certain amount of time to answer them otherwise; your creditor will win the credit card lawsuit by default judgment so make sure you submit the necessary response within the given time frame!

Your creditor expects you to not answer the Request for Admissions on time! If you failed to answer on time, the creditor will file for Motion to Deem Admissions Admitted, meaning you automatically admit to all allegations set by your creditor! But this works both ways, if your creditor did not answer the Request of Admit Facts on time, you too can file a Motion to Deem Admissions Admitted.

If say, you did not sent your Request for Admission on time and your creditor filed a Motion to Deem Admission Admitted and the motion is granted, the creditor will win the credit card lawsuit. Even if you are late, you can still file the documents, state your reason for the late filing, and pray that the court will give you more time to finish the Request for Admission.

It’s important that you check with your state’s local court rules to determine how much time you have to answer any documents and draft an answer as soon as you receive any documents that requires it or else, you will lose the credit card lawsuit and pay for all debt amount, including interest, penalty chargers and your creditor’s legal fees!

Dealing with a junk debt buyer, as opposed to the original credit card company, can be a slippery slope because junk debt buyers will try to use the same Admissions to all debtors under and most of these questions do not have anything to do with the case at all. These questions are often sloppy, then don’t make sense and junk debt buyers do not even care to correct them.

The good news is, as long as you are two steps ahead of these slime balls, you can win the credit card lawsuit. It all starts with giving the right answer ON TIME. This will ensure you that the other party will never win the credit card lawsuit by default. 

Learn how you can defend yourself in court without the costly legal charges. Click here to order the ultimate guide that will end all debt claims once and for all!

Being Sued by Credit Card Company? Answer Junk Debt Buyer Interrogatories The Right Way!

Are you being sued by credit card company? This situation may prove to be difficult if you don’t know what steps to take to fight off debt claims in court. Thousands of Americans are being sued by credit card company and it is up to you to exercise your rights and defend yourself. If the lawsuit pushes through the Interrogatories phase, chances you, are will be given a set of questions you need to answer.

Now, this is a tricky part as those being sued by creditcard company are asked to provide sensitive personal details like their social security numbers and/or bank and employment information. Remember, you can object to these questions and you need to do so with cited grounds to your objections.

Note that in this phase, your creditor will wait for you to mess up the questions and get you to admit that you own the debt. This way, they can file a default judgment against you. Meaning, one wrong answer and they will win the case! The set of questions will include asking about your bank account, your job and personal details that has nothing to do with being sued by credit card company. These information are rather sensitive so think twice about giving them a straight answer!

The important thing to remember when being sued by creditcard company or junk debt buyers is that if they do not have proof that would otherwise prove that the debt is yours, they don’t have a case. For junk debt buyers, you are in luck because these agencies do not have the necessary documents that would prove you own the debt, like a signed contract between you and the original creditor, as these documents are never released by the original creditor. When the original creditor closed the book on an account, that account will stay closed even if it is sold to a third party collection agency. If the junk debt buyer has no evidence that would prove you own the case, then their chances of winning by default is slim.

It can be quite difficult to answer certain questions without giving away personal information about you. If you are being sued by credit card company and you have no idea where to start, we compiled all necessary information you need to know about fighting debt claims. With the right information, there is no reason why you could not defend yourself in court and have your case dismissed!

Click here to order your own copy of the complete Answering a Summons eDocument package and end all debt claims without the hefty legal costs.

Sued By Credit Card Company: Answering and Sending Your Own Request for Admissions

Faced by legal problems for unpaid card debt? Sued by yourcredit card company? This can be quite a trying experience but it’s not the best time to panic. It’s important to create your own Answer as well as send your Request for Admissions to the plaintiff once you received a summons.

Here’s how to do it:

When sued by credit card company, it’s best to start crafting your Answers and Request for Admissions. Request for Admissions is essentially written statements, which you will prepare and serve, to the plaintiff to secure your creditor’s admission that the facts or that the documents are accurate and genuine.

Note that Request for Admissions are not meant to Discover any information but to make things easier on you once the legal proceedings begin. Consequently, if you do not send over your Answer, you will make it easier for your creditor to win the case against you.

When you are sued by credit card company, your creditor will likely use leading or trick questions to mess up the Discovery process, thus succeeding in their case. Do not fall for these cheap tricks. You need to make sure you read and re-read every question and understand them thoroughly and then answer these questions with caution! One false move and the plaintiff will go after you.

If you do not know how to answer your Request for Admission, you have three choices: you can conduct your own research online, seek the help of an attorney who will guide you as you draft your Answer or purchase an ebook guide that will help you defend yourself in court without hiring an attorney.

 When getting sued by credit card company, it’s important to remember this: Requests for Admissions are used to get you to admit a fact is true and then use this fact as evidence to the court. Once a plaintiff gets you to admit a fact, you will likely lose your case because you don’t know how to handle your defense.

At this phase, you cannot afford to fall on trick questions because that is exactly what the plaintiff is counting on. So always keep yourself informed, review your state’s local court laws and get your hands on useful guides that will build your case and improve your own defense. This is the surefire way to defend yourself in court Pro Se and have your creditor drop the lawsuit. Click here to order your own copy of the complete Answering a Summons eDocument package and end all debt claims without the hefty legal costs.

How to Fight a Credit Card Lawsuit: Responding to a Collection Agency’s Interrogatories Correctly

If you are one of the thousands Americans who are facing potential lawsuits from creditors, don’t be a sitting duck and learn how tofight a credit card lawsuit the right way. The fact is, many creditors expect their customers to not know any better. If you know how to fight a credit card lawsuit and you show them that you will not take the lawsuit sitting down, you just might have the lawsuit dropped in an instant.

On the other hand, if the lawsuit pushes through and you are in the phase where you need to respond to a collection agency’s Interrogatories, then you still need to get as much information as you possibly can about how to fight a credit card lawsuit.

Here’s how the Interrogatories phase will play out:

You will receive a set of questions from the plaintiff regarding your Personal information like your name, address, social security number, bank information and in some cases, employment questions. You need to respond to each and every question or object to certain questions. If you object to a certain question, make sure to provide grounds for your objection. For other questions, you need to provide a short, concise response.

It’s important to object to certain answers that require divulging certain information you shouldn’t divulge such as your Social Security Number. Here’s a simple text format to object to this particular question:

Defendant objects to giving out his Social Security Number on the grounds that it [insert the grounds for your objection]. The defendant Answers that his or her full name is [insert your full name].

One of the most important factors to remember when learning howto fight a credit card lawsuit is to define the grounds as to why you are objecting to a certain Interrogatories question, particularly those that require giving out sensitive information. It’s never a good idea to randomly object to all interrogatories questions without giving a clear answer why.

However, do remember that the plaintiff will likely present several trick questions to get you to admit that you own the debt in dispute and you did not pay for the debt. So if you can, you can either seek the help of a lawyer to guide you through the interrogatories state or in case you are representing yourself Pro Se, always read, re-read and understand each question and answer it with caution. Click here to purchase your own copy of the complete Answering a Summons eDocument, your ultimate guide to end all debt claims!

Credit Card Lawsuit: To Dismiss With or Without Prejudice

If say, the plaintiff failed to comply with a certain court rule, what happens? What step should you take to let the credit card lawsuit progress? The next step is to file a Motion to Dismiss against the creditor for not complying with court rules.

When involved in a credit card lawsuit and you file your first Motion to Dismiss against the creditor for failure to comply with a court rule note that plaintiff is given at least 30 days to amend the original complaint to comply with the court rule with the said rule they did not comply with. Filing a motion to dismiss a case is not readily granted unless the court sees enough reason to do so. So don’t expect the case to easily be dismissed with prejudice because regardless, creditors are given time to amend the complaint.

Without prejudice means that creditors can re-sue a lawsuit for the same debt. To do this, creditors just need to Amend their complaint to comply with court rules and the credit card lawsuit will proceed. On the other hand, prejudice means your credit can no longer sue you again for the same debt. Basically, when a case is dismissed with prejudice, the court battle is OVER, you WON the case and your creditor CANNOT file a credit card lawsuit for the same debt ever again.

Here’s a better motion. You can ask the court to order the plaintiff to comply with the court rule by amending their complaints within the 30 day period and if they failed to comply, ask for dismissal WITH prejudice. This strategy will give the plaintiff 34 days to amend the complaint and comply with court rules, which they are entitled to anyway, and WIN your case if they don’t comply. This will force the creditor to comply otherwise, they are done for.

The bottom line is, if you ask for dismissal without prejudice, what’s stopping your creditor from re-filing the credit card lawsuit? This is just one of the many important things you need to consider when you face a credit card lawsuit. For more tips on how to fight debt claims and win your case without the hefty legal costs, review your own state’s court rules and while you’re at it, look for valuable information online and offline. This way, you can defend yourself in court without even hiring an attorney and paying thousands of dollars on legal costs. 

Credit Card Lawsuit Defense: Fight For Your Rights and Win

Hounded by junk debt buyer for old, unpaid credit card debts? If you got served and possibly facing a lawsuit in a few weeks, you need to know all the right credit card lawsuit defense you can use in order to win your case otherwise, you stand to pay not only for the alleged debt but also the junk debt buyer’s legal fees!

Now, a great credit card lawsuit defense can be used by simply checking the Statute of Limitation to old credit card debt in your state. If the debt is outside the statute of your state, then this is an open and shut case for you. Junk debt buyers cannot collect out of statute debts. If such is the case for you, make sure you raise this on your credit card lawsuit defense.

If you are absolutely sure that your old credit card debt is time-barred, you need to present evidence. Start by checking for the last check you made to the original creditor. If you made that payment via the internet, you can access old statements. You can also check your credit report to check the last date of payment. You can use the statutes of limitation credit card lawsuit defense as an Affirmative Defense and get answers from the plaintiff during the Discovery phase of the lawsuit.

Another notable credit card lawsuit defense is the validation of debt. It is within your rights to demand the junk debt buyer to PROVE you own the debt in question. The good news is, once the original creditor closed toe book on old, charged off accounts, even the buyer of said accounts do not have access to any documents, like credit card statements, original signed contract, cardholders agreement, etc., they will not be able to pin the debt on you easily. Instead, the junk debt buyers will rely on a sloppy affidavit signed by their own employees that won’t hold substance in court.

Knowing if the debt you are being sued for is time-barred is one of the first things you need to check when defending yourself in court. Your creditor is assuming you don’t know a thing about Statutes of Limitation in your area so don’t be a sitting duck!

Beef up your credit card lawsuit defense, start by doing your own research and finding out where you can get the most valuable information you can use to have your case dismissed. Click here to discover the ultimate in ending all debt claims without even hiring an attorney. 

What To Do When Being Sued by Credit Card Company

Sued by creditors or debt collection agencies for unpaid credit card debts? You are not alone. Understandably, not what to do when being sued by credit card company is a nerve-wracking experience. I know because I’ve been there. And I won my case against my creditor. It all boils down to learning how to respond to a summons correctly and knowing to do this within the given period of time.

For most debtors who do not know what to do when being suedby credit card company, here are a few pointers.

Always file a Request for Documents so the necessary documents will be handed for verification purposes. In collection lawsuits, creditors will ask for the Credit Card contract, the application, the copies of payments you made to your original creditors, credit card statements and any documents that may be useful to the case. However, answering any of these requests may be your undoing but basically, answering the request will depend largely on you.

So what to do when being sued by credit card company and they ask for documents that can clearly cause your case to go in their favor? The only way to avoid being forced to hand down the documents is to object to all document requests from the plaintiff.

Let’s be real, if you send all the documents they asked from you, you are literally helping your creditor beat you in court! If they proved that the debt in questions is yours, they will get a default judgment and get access to your bank account, get your money and even garnish your wages!

The fact is, creditors will try to trick debtors who do not know what to do when being sued by credit card company, asking for old credit card documents in an effort to build their own case and pin the debt to you. So no matter how much the plaintiff try to make you give up these documents, don’t be too quick to hand them over!

There are many ways to learn what to do when being sued by credit card company. The key is to get as much information as you can about dealing with the situation first rather than ignoring the problem all together. The last thing you want is for your creditor to be awarded with a default judgment as this will give them legal rights to collect every penny of the debt from you, one way or another.

How to Fight Credit Card Lawsuit: Filing an Answer for the Lawsuit

One of the first things you need to learn is to how to fightcredit card lawsuit if you are representing yourself rather than having a lawyer represent you in court. It all starts with filing an Answer to the credit card lawsuit. Unfortunately, not a lot of debtors know how to fight credit card lawsuit or are too afraid to step up and fight for what’s theirs.

Most courts will assume that defendants will hire their own lawyers. On the other hand, if you learned how to fight credit card lawsuit without hiring a lawyer, then it is expected that no responses to the lawsuit will be handwritten, rather, they will be typed out.

One thing to remember is that, if you are answering Pro Se, which is in layman’s term, representing yourself, you need to obtain a copy of the top portion of the Complaint and change the response title.

Most courts will require the Answers to be typed according to the legal or accepted format. If you write your Answer by hand, you risk having the Answer sent back to you. Look at it this way, if the Complaint was handed out to you in a legally formatted way, then your Answer should too otherwise, you risk having these written documents sent back to you, which could weaken your defense.

In most cases, something as simple as filing an Answer ON TIME will make creditors think twice about pursuing the case at all. The face is, taking legal action is more expensive so many creditors are willing to work out a deal with their debtors rather going all the way to court and produce the paperwork to build their case. Junk debt buyers will especially have a harder time when they take legal action because they usually do not have access to important documents, like the original credit card contract, making it difficult to prove that the defendant really own the debt.

The key is, you have to remember that unless the party who is suing you is your original creditor, getting the plaintiff to prove that the debt is yours is virtually impossible since junk debt buyers and collection agencies do not have the right documents that would pin the debt under your account! You have the right to demand these documents otherwise, the case could be dismissed. With the right information, you can do request for evidence, defend yourself in court without an attorney and have your case dismissed!

Credit Card Lawsuit: The Discovery Phase

Once you are dealing with a credit card lawsuit and you came to a point where you want to ask the plaintiff for documents, you are on the Discovery process of the lawsuit. Basically, you will be asked by the plaintiff to send over several documents or answer a set of questions in the Interrogatories. Once you filled the necessary documents then it’s the plaintiff’s turn to answer questions and produce documents. 

To start off the discovery process, you need to request documents from the opposing attorney. If the lawyer or the law firm has yet to respond to your request, you are allowed to send a letter Certified Mail that tells them that they have not produced the necessary documents or filed their Answer within the given timeframe by the court. Give the lawyer a date to get discovery back to you.

If the attorney or the law firm ignores this request, you can file a motion to Compel with your court. You will need to present a copy of the Certified Mail receipt showing that you notified the other party of the Discovery and they failed to do so on time.

If the other party still ignores the request even after you filed a motion to Compel during the credit card lawsuit proceedings, it is within your rights to make the court help you in getting the necessary paperwork that pertains to the credit card lawsuit. All you need to do is present evidence that repeatedly, the plaintiff has ignored your request for documents. Send copies of the evidence to the court via Certified Mail receipt.

Once the court receives the necessary documents, they will order the plaintiff to produce the necessary documents pertaining to credit card lawsuit on a given date. If the plaintiff did not provide the necessary details on time, they could lose the credit card lawsuit against you.

The Discovery phase is one of the most important part of the court proceedings. You have to be careful, in terms of answering the interrogatories because creditors are known to use trick questions to get you to admit that you own the credit card account and the debt under it. It’s critical to review your answer and re-review it again before you file the documents in court. Finally, from drafting an Answer to the complaint to filing answer to Interrogatories, make sure you file all necessary documents on time. 

Credit Card Lawsuit Defense: What To Sign After Discovery

One of the most critical parts of credit card lawsuit defense is the Discovery phase. The Discovery phase is where both parties will provide their answers to each other’s Interrogatories or present various documents as evidence. In addition, you need to know what you need to sign after you answered the Discovery. Your creditor is counting on you making any false move so that they can win by default.

Your credit card lawsuit defense starts at checking your local Court Rules. Go under Discovery or Interrogatories to Parties, Admissions, and Request for Documents. Generally, the court will dictate the format of the documents. The most important thing to remember to sign the documents and notarize it. Of course, there is no need to sign every single Answer or Objection. For instance, if you have a set of 25 Interrogatories to answer or object to, you don’t have to sign your name after answering each of these questions.  

Unfortunately, not a lot of people are aware what their credit card lawsuit defense should be or how to handle the case from this point. If your court requires the Interrogatories to be signed and notarized, then you should have the documents notarized in its entirety.

Here’s another example. Say, you are given 25 Interrogatories to respond to. You need to check your state’s local court rules on how to respond to these questions in accordance to the court’s imposed format. Answer each and every Interrogatories. On the last question, which is question number 25, have this notarized after the answer. You need to sign in front of a Notary of the Public. This is how you Answer or Object to Interrogatories and notarizes the document according to your local court’s imposed order.

Building your credit card lawsuit defense is not as complicated as you think it is. The key is to determine how your creditors operate and be one step ahead of them. Learning about your own state’s court rules as well as looking for the right information online can help strengthen your case significantly. Many have defended themselves in court without hiring an attorney and have won their cases. You too, have the power to defend yourself in court and have your case dismiss provided that you get all essential information you need. The first step would be, learning how to answer your summons and discovering how to build your credit card lawsuit defense. 

Credit Card Debt Relief: Scams to Watch Out For

Facing credit card debts is challenging particularly at this time when the economy is at its worst. Unfortunately, some unscrupulous companies are trying to capitalize on this worsening problem, taking advantage of unsuspecting victims who are trying to find credit card debt relief. Essentially, all credit card debt relief scams offer the same thing, they promise people relief from debt later for payment now.

Several years ago, lump-sum debt settlement was the number one debt relief scam because fly by night companies charges exorbitant fees before their customers even pay their creditors, which is a step back towards better credit management. Thanks to new federal rules, formalized in 2010, it is now illegal to ask for upfront payments for debt settlement services. In this article, we will discuss various scams you should watch out for as you find credit card debt relief programs.

Redemption Certificate or Bond For Discharge of Debt

The Federal Reserve Bank and the Office of the Comptroller of the Currency has identified this credit relief program as a type of “fraud” because this may cause criminal liability to the debtor.

Arbitration Awards

Unfortunately, many credit card agreements still feature an arbitration clause in them. This clause states that you and your credit card company agrees to settle disputes with arbitration, not court action. This means you will be charged hundreds of dollars when you get an arbitration award from a licensed arbitration firm that says you do not owe any money on your account. Anyone who uses this strategy risks having poor defense for any potential court action.

Companies That Purchase Your CC Account and CC Debt

Some credit card agreement indicates that an account may be sold to another entity. However, because credit card debt are unsecured type of loan and being handed to a corporation, credit card banks will have no choice but to charge it off.

Novation

Novation refers to the substitution of a new contract for an old one or the substitution of a party in contract with the other party. The act of using the credit card under the new contract is regarded as the holder agreeing to the new terms and conditions. It’s important to check the new terms and conditions as most credit card company use this type of agreement to trick you into not paying your bills without establishing a legal defense or dispute for doing so. 

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Reasons Why Debts Accumulate

Bad economy, inflation, rising petrol costs, and then some. These factors not only make it difficult for average Americans to live off their income day by day, they also the common causes as to why debts accumulate. However, there are also certain circumstances that make things worse, and eventually, make it almost impossible to settle any financial obligations. In order to help you avoid this situation, we have listed down some debt causes you need to watch out for.

Income Loss

Recession resulted in unstable employment. Literally, one can have a stable job with a steady income today and tomorrow, he or she could lose that job, causing a domino effect that will drown one in debt. The same goes for people who are juggling two jobs, the loss of a second source of income could also cause major debts. Unfortunately, there is no definite solution to this kind of problem. However, it can be avoided by being vigilant when it comes to your own debt and your own job. At this kind of economy, no one can afford to sit back and relax.

Irresponsible Spending

People tend to be lax when it comes to spending their money a decade ago. They throw their cash on everything they want and then recession happened and boom, they start complaining about all the credit card debt they accumulated. Worse, it’s hard to adjust if you are already used to a certain lifestyle. However, if you got creditors knocking on your door, it’s time to rethink about how you handle your finances. Start controlling your expenditures and reserve your cash to essential items.

Miscalculations

Miscalculating your debts also plays a major role in most financial problems. In most cases, people ignore little expenses because they think these expenses will not affect their income. However, these small expenses are usually the cause of massive credit card debts so it’s best to keep a record of all your expenditures no matter how small they may be.

Medical Bills

In some cases, major medical bills cause much financial strain, especially if afflicted with a condition that is hard to treat or require regular check-ups. A large chunk of people fall into credit card debt because they are under some kind of treatment or their loved one fell ill. Unfortunately, there is no working around this problem unless you have saved money to cover for this kind of emergency.

Click here to learn how to get rid of all debt claims without hiring an attorney!

How To Reduce Your Credit Card Debt

Unpaid credit card debts are a lawsuit waiting to happen. Save yourself from a lot of headache and learn what you can do to reduce your credit card debt quickly and efficiently.

Check The Statements

Not only should you check your credit card statement but also your bank statements. The credit card statement shows how much money you owe to your credit card company while the bank statement shows you where your accounts are. Now, compare these statements with your monthly income, divide a chunk of your salary into portions, in which you need to repay your credit card company. This is where you will discover if your monthly income is sufficient to cover your debts. Check your statements for errors as well.

Use Low Interest Credit Cards

If you have multiple credit cards with varying interest rates, it’s best to check which credit cards have the lowest interest rates and use them instead of credit cards with higher interest rates. The fact is, cutting off credit cards with a long history of credit could do more harm than good. Instead of cutting them off completely, focus on using lower interest credit cards and use higher interest credit cards once in a while.

Use Cash/Debit Cards

Generally, using credit cards is more expensive as opposed to paying cash or using debit cards to make purchases. An average credit card’s APR is around 5% and most credit card companies require a monthly or annual membership fee. Save more by using cash instead of your credit cards. You’d be surprised at how much money you can actually save by using your credit cards during emergencies alone.

Create Expenses Plan

Always manage your expenses. By mapping out a daily or monthly budget, you will not only manage your money, you will also discover where you spend your money the most. Of course, planning your expenses is one thing, executing the plan and sticking to it is a different story. If you create a budget, be sure to stick to your budget. Otherwise, your careless spending could be defeating the purpose of creating a budget for manageable credit card debt.

Better financial situation starts with keeping tabs on your expenses and managing your credit card debt. By keeping track of your expenses and credit card use, you should have no problems making payments on time, each month. This will help avoid any trouble with your creditor that could possibly lead to a credit card lawsuit.

Handling Your Debt Collector Like a Pro

No one takes pleasure in receiving incessant calls from creditors or debt collection agents. This is especially true for people who could not reach a settlement with their creditors. On the other hand, if you are faced by multiple debt collectors and being harassed with threatening phone calls to collect money from you, then they crossed the line. debt collection agents are known for applying dirty tricks to get what they want. Some are actually trained to go after friends, neighbors, relatives, and families of delinquent borrowers just to embarrass the borrower into paying up.

If you know that the collectors are in violation of the Federal Debt Collection Practices Act (FDCPA), you need to take action. Something as simple as asking for an extensive validation of the debt could make them go away temporarily. Essentially, you need to know your rights and you need to act decisively.

In most cases, debt collection agents will not threaten you with a credit card lawsuit and often, they will settle out of court rather than follow through with the lawsuit. However, don't be surprised if you receive a summons but don't panic either.

Record Everything!

It's important to keep a record of every conversation, phone call or document exchanged between you and your debt collector. Make sure your debt collectors that you are recording everything, this will discourage him or her to making threats.

Know Your Rights

You have the right to demand full validation of the debt history. Also, knowledge is your best defense against debt collectors. Familiarize yourself with your own state laws regarding debt claims. Assert clearly that you know your rights and you are not afraid to fight for what's right. That should make even the most aggressive credit collector to back off.

Learn More about Federal Debt Collection Practices Act (FDCPA)

Think your debt collector crossed the line? Then it's time to check practices under the FDCPA. File a complaint against your creditor if they continue to harass you, your neighbors, your friends or your family.

Cease and Desist Letter

You need to tell them in writing not to contact your again. If ever they do contact you again, it should only be to notify you of their follow up plan, no more, no less. They cannot contact your at work if you told them not to and any intimidation tactics are forbidden. You have the right to file a lawsuit against your creditor or debt collectors for any violation of the FDCPA rules. Click here to know more.

Debt Claim Guide: Being Sued By Credit Card Company?

Being sued by credit card company can be a nerve wracking situation that no one wants to be in. However, millions of Americans are embroiled in debt claims and are hounded by creditors, debt collection agencies, or junk debt buyers every day. If you are being sued by credit card company, the important thing to do is to stop panicking, read the summons and create your Answer to the complaint.

In most cases, something as simple as filing an Answer is enough for junk debt buyers to scurry away and move on to less informed debtors. On the other hand, if the case moved on and you find yourself being asked, in writing, by the plaintiff to send Interrogatories or Answer under oath, you need to make sure that all interrogatories are signed and notarized.

When being sued by credit card company, the debt collector’s legal representative will try to pin the debt to you by asking trick questions. They will try to ask one question and then rephrase the same question to get you to answer differently. Once false move and they will nail you with it.

Being sued by credit card company is hard enough, the interrogatories are even more difficult and intimidating especially if the plaintiff will start inquiring about your employment details or your bank account information. When you are asked about your employment or bank details, you need to choose your words wisely, as the plaintiff is setting you up to get as much information about your bank account and employment details to make it easier for them to find your account, freeze your savings or garnish your wages!

Note that when filing the Interrogatories, do note that the court will only give a limited time to answer them. In most cases, debtors are allowed 30 days to answer Interrogatories but to be on the safe side, you need to review your state’s local court rules.

Discovery is just some of the many processes you should not ignore when you are being sued by credit card company. In addition, admissions that are not answered will be deemed admitted by the court and they can cause you to lose your case.

Being sued by credit card company? Here’s a helpful guide that will teach everything you need to know about answering a summons and handling all debt claims. 

How to Fight A Credit Card Lawsuit: Request to Admit Facts Collection Lawsuit

Learning how to fight a credit card lawsuit starts with arming yourself with as much information as you can particularly when the plaintiff will file a Request to Admit facts. Remember, just like creating your Answer, you are only given by the court a limited time to answer any questions from the plaintiff and if you did not answer on time, you could lose your case.

If you want to learn how to fight a credit card lawsuit, it is important to note that Interrogatories and Request for Documents are critical during the Discovery phase of the lawsuit. As far as defending yourself goes, the Request to Admit Facts is the most important part of the Discovery phase which is why it is imperative that you answer on time.

What makes this phase intimidating to debtors who do not know how to fight a credit card lawsuit is that junk debt buyers and collection agencies will go all out in this phase. They will conveniently leave the fact that you have only limited time during Discovery and use your state's court rules to bring a favorable decision to them.

To learn how much time you have to file all necessary documents during the Discovery phase, it is best to review your court rules. Check the Discovery or Request for Admission page. Usually the defendant and the plaintiff are given thirty (30) days to Answer the Request to Admit Facts otherwise, they will be deemed admitted (which your plaintiff is counting on when it's your turn). The plaintiff is hoping you don't know how to fight a credit card lawsuit and you are not aware of your state's local court rules allowable period to answer the allegations.

If you failed to answer on time, your creditor will quickly file a Motion to Deem Admissions! So better get crackin' and file the documents on time! If you leave out any question, it will be deemed admitted. If you check the questions that your plaintiff arranged for you, you will see that they are making you admit that you own the debt, you own the credit card account, you admit that you made payments and you agreed to sign anything that pertains to the debt so be careful when answering these questions.

Consequently, your creditor also has a limited time to answer your Request to Admit Facts. As soon as you mail your request, the clock starts ticking. If your creditor failed to answer on time, you can file a Motion to Deem Admissions.

So if you do not know how to fight a credit card lawsuit, the answer is obvious, find answers! Check the local court rules and look for any helpful information online. Consult a debt attorney and learn what strategies will work best for your own case. Most importantly, do not ignore the summons! Answering the summons on time is probably the best way to assert that you are well-aware of your rights and you are not afraid to fight creditors off in court.

Response to Summons: Card Statements Attached with Summons

Served by a summons with no credit card contract copy attached? In cases where in junk buyers file complaints to old delinquent debtors, they fail to provide a copy of the original contract (these documents are not turned over to them by the original creditor) and instead, come up with a vague affidavit to build their case. Make sure to check before you create a response to summons.

It is within your rights to demand a copy of the original credit card agreement as proof that the debt in question is truly yours. If you received a summons and the necessary documents are not attached with the complaint, you can file a Motion to Dismiss the case in Lieu of an Answer. The plaintiff is then given 60 days to produce said documents.

Before the given period is up, your creditor will file all credit card statement issued to you. If this happens, you need to check the Customer Agreement over and check the Copyright date. If you see any discrepancies, you can file a Motion to Strike the Agreement as being irrelevant and win your case.

When creating a response to summons, you need to check whether the statements are accurate. There are cases wherein the junk debt buyers will attach fabricated or altered credit card statements. See if these credit card statements have the original creditor and your account number listed on them. Are these statements copies of the original statements or are they the original statements?

Even if the plaintiff was able to get their hands on your credit card statements from the original creditor, they will still need to prove that the creditor in question is the real party in interest.  The plaintiff will still need to prove that the original creditor sold your account to them. This is called the Chain of Assignment or Assignment.

Any error on the Customer Agreement could spell victory so make sure things are in order before you craft your own response to summons. Note that the Customer Agreement preside over your entire account. This is what you agreed over when you opened your credit card account and from here, you will learn exactly what you are being sued for. It is important to check of the Customer Agreement and make sure that the date coincides with the year you opened the account with the original creditor.

The plaintiff will have to prove that you own the debt and produce real assignment and not fabricated nonsense made up to trick you into paying the debt in question. The assignment must come from the original creditor who sold the debt to them and the original creditor must sign any documents they claim were from the original creditor.

This just goes to show that presenting credit card statement is not enough to win a case! Therefore, if your junk debt collector claims to have the original credit card statements, don’t give up too easily. Remember, the older the credit card debt is, the harder to prove its ownership. Even of a debt is only a few years old, junk debt buyers will still have to prove that they can legally collect that debt.

How To Answer a Summons for Credit Card Debt

A credit card company may file a lawsuit against delinquent borrowers whose accounts are substantially past due. If you are a subject of a lawsuit, you will receive a court ordered summons. Summons is a notification that you have to appear in court. A summons may be served by the sheriff, by an appointed person with no attachment to the case or via certified mail return receipt requested.

Once you received the summons, you are given a specific amount of time to respond. In most states, delinquent borrowers are given twenty (20) days to respond to the summons. If you do not respond to the summons within the given time, a default judgment is awarded to the credit card company. This means, your credit card company will win the case against you. For this reason, it is critical that you answer the summons on time. It can be quite daunting to be faced with a lawsuit, however, now is not the time to panic. You need to know how to answer a summons for credit card debt properly.

If you got served for unpaid credit card bills and you have no idea how to answer a summons for credit card debt, we created this 4 step quick guide on how to answer a summons for credit card debt the right way:

Step 1: Review The Summons

Read the summons along with the accompanying documents attached with it. Check which creditor filed the debt claim against you (this will be the plaintiff or the petitioner). Review the summons to determine why the claim was filed and what the allegations are. The best place to start is the case caption, listed at the top of the complaint.

Ste 2: Determine How Much Time You Have to Respond

It is critical to your case to answer the summons on time. Civil matters require the defendant or respondent (that’s you) within a given period of time. The length of time given will depend on the jurisdiction and nature of the case. The given period should be indicated on the original summons. If not, you need to get in touch with the court clerk where the plaintiff/petitioner filed the complaint. In most states, defendants are given 20 days to answer to a summons.

You need to ask the court clerk for a Notice of Appearance document. Just fill out the form, sign it and return the document to the court clerk. This step has to be done regardless if you own the debt or not.

Step 3: Check The Age of the Debt

If you recognize the debt, check for its age. Each state places a time limit on creditors in terms of how long they can pursue a delinquent borrower legally. This is known as the debt collection Statute of Limitations. You can call your Attorney General’s office to find out the state of limitations in your own state.

Step 4: How To Answer a Summons for Credit Card Debt

Once, you learned more about the nature of the lawsuit filed against you, start drafting your formal answer to the summons and complaint. Fill out the “Notice of Intention to Defend" section of the summons, this section is on the bottom third section of the document. Your response should include a detailed explanation as to why you are not legally responsible for the debt. The reasons may vary from the fact that that you don’t own the debt or the state of limitations for debt collection in your area has expired. By filling out this section, you confirm that you are ready to appear in court and present your defense over the allegation.

Once you’re done, cut the Notice of Intention to Defend along the perforated line and send it to court. The court will notify the plaintiff of your intend to defend the claim. Usually, creditors will think twice about pursuing the case if the delinquent borrower knows how to answer a summons for credit card debt.

The fact is, most creditors assume their borrowers do not know how to answer a summons for credit card debt, expecting an easy win. Pursuing the case all the way to court will prove to be tedious and expensive for many creditors that’s why if they see that they will not be awarded a default judgment against delinquent borrowers, they will quickly drop the lawsuit altogether.