Wednesday 28 March 2012

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.
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