Fighting Credit Card Lawsuit, Winning Your Case

Facing a credit card lawsuit? You are not alone. Thousands of credit card lawsuits are filed and set out on a daily basis by junk debt buyers and collection agencies in hopes of getting more from charged off accounts they purchases pennies on the dollar on. The good news is, a lawsuit is easier to beat than you think. It's just a matter of setting aside your fears and knowing what steps you need to take in order to face the court and the creditor to defend yourself.

The fact is, many card companies and banks do not operate according to federal laws and are instead, operated by presidential decree signed in 1913 by President Wilson. It's important to check local court to learn what you can and what you cannot do when defending yourself in court. In a credit card lawsuit, it all starts with crafting a correct Answer in the right legal format. Sometimes, responding to a summons will help you avoid the lawsuit altogether.

An incorrectly formatted Answer will be rejected by the court so it is imperative that you learn the right format before you actually draft an Answer. From the Answer, you can demand evidence that the alleged debt is yours. In this case, your creditor will probably present old card statements. These statements will not hold relevance to the case and you can counter that with a second letter letting them know that they do not meet the burden of proof and again, demand evidence of actual damages.

The creditor is given 30 days to respond to the second letter and in most cases, will ignore the demand altogether. From there, you can send them a third letter letting them know that they have not provided any evidence that proves you own the debt in the lawsuit. You can say that any further communications from them will be considered as harassment and if they do not stop, you will take legal action against them. This is enough for the creditor to suspend any collection efforts they have in place under that account, the collector will either pursue the credit card lawsuit or sell the lawsuit to another collection agency, and the entire process will begin again.

If you are facing a credit card lawsuit, set aside fears and start taking action. You need to get as much information as you can about defending yourself against debt claims the right way in order to win the credit card lawsuit.