Credit Card Lawsuit: Do Junk Debt Buyers Have Authority To File A Lawsuit Against Debtors?

Credit card debt in the US and Canada has reached the $110 in 2006, leaving thousands of delinquent debtors to deal with credit card lawsuit from their respective creditors. Now, for many debtors who are being sued by junk debt buyers, you are lucky. Generally, junk debt buyers do not possess the necessary documents needed to prove that the delinquent debtor who is the subject of the credit card lawsuit owns a certain account. The court will require more substantial evidence other than old statements, perhaps, an original copy of the agreement from the original creditor.

Because junk debt buyers do not have access to these documents, they will find it difficult to prove the debt's ownership and often, if you answer the summons and demand that they prove the debt is yours, they just might drop the credit card lawsuit altogether.

Usually, junk debt buyers have a large portfolio of debt contracts and the necessary documents they need to launch a full-scale credit card lawsuit will not be released so the chance of them winning the case in court is slim unless the debtor ignored the summons. If the debtor ignored the summons, the junk debt buyer get a default judgment ruling and may satisfy the debt in a number of ways like getting the money straight from the debtor's bank account, putting lien on the debtor's properties or garnishing his or her wages.

If you ignore the lawsuit, the plaintiff or the junk debt buyer don't have to prove that you owe the money at all. This gives them the edge they need to win the lawsuit via default judgment. Once they win the case, they can not only garnish your wages, they could also gain access to your bank account and empty your savings to satisfy the card debt.

So responding to a summons is a critical step towards defending yourself in court. If you are worried about not being able to afford a lawyer for the credit card lawsuit, there is a way to defend yourself in court correctly, using a guide to help you win your case. You should always consult with a debt attorney to defend yourself effectively. The key is to not let your creditors win the case by simply ignoring the credit card lawsuit because this is precisely what they expect. It's best to check local court rules to determine whether or not you have to file an Answer to summons and complaints right away. To learn more about defending yourself against credit card lawsuit Pro Se, click here.