Tuesday 20 March 2012

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!

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