Wednesday 14 March 2012

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.

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