Tuesday 12 June 2012

Facing a Credit Card Lawsuit? Don’t Panic Just Yet


For many debtors who are facing credit card lawsuit, their worst fear is getting a default judgment and paying everything from the debt down to the creditors' legal expenses. Being sued is overwhelming but it does not mean you should just give in to your emotions and start panicking. Don't. Instead of panicking, you should look for ways to defend yourself in court.
The good news is, your creditor or their representative, won't go knocking on your door anytime soon. Before you start panicking over a potential card lawsuit, consider the following facts:
Credit card lawsuits are on steady decline: Most courts in the country are well aware that creditors, junk debt buyers and collection agencies cannot proven card debt ownership as easily due to lack of documentation and any issues relating to paper work. What's more, the robo-signing scandal as well as foreclosure crisis also revealed how dirty certain junk debt buyers and collection agencies
There are certain banks that no longer file lawsuits complete because they lack sufficient proofs, ending up sending affidavits of debts as evidence which are manufactured proof so they end up embroiled in more court trouble that they can handle.
Credit lawsuits are also a lengthy procedure that are expensive and requires paperwork. If a debtor receives a summons, he or she usually have 20 days to respond to the complaint and then once the response to the summons is sent, both parties will engage in sending documents back and forth. One credit card lawsuit will usually take several months before a resolution is found so many card companies no longer consider filing a credit card lawsuit as a great way to collect money.
Finally, it was discovered through a brave whistle blower that more than 60% of credit lawsuits that were through the court system and have won judgments are found to contain discrepancies and errors. The fact is, most credit lawsuits contain grossly exaggerated sums of money, targeting cash-strapped individuals who are already having problems making ends meet as it is.
So when you are served with a summons for credit card lawsuit, don't be too quick to panic. Just find ways to settle the dispute in a peaceful manner but when it cannot be helped, exhaust all efforts to know more about state and local laws you can use to your advantage. This way, by the time you receive a summons for unpaid credit card debt, you know what to do to defend yourself in court.

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