Countering a Credit Card Lawsuit

Receiving a summons for long forgotten credit card debt causes a great deal of concern and anxiety for many delinquent debtors. The good news is, it’s possible to defend yourself against debt claims even without hiring an attorney. You need to focus on attending all court dates, when requested. Missing just a single date will result in your creditor winning the case by default. This could lead to wage garnishment, property lien or worse, seizing your assets. Below is a step by step instruction on how you can counter a credit card lawsuit.

Step 1: Gathering all documents relating to the debt you are being sued for as well as other information that could help give you leverage against the credit card lawsuit, including agreements, receipts, etc.

Step 2: Draft an answer to the court summons within the given time frame. Usually, defendants (that’s you) are only given 20 days to file an answer to the summons. There are cases wherein the defendant is instructed to visit the office stated on the summons to file the answer. If such is the case, make sure you are within the imposed filing period and bring any necessary documents with you.

Step 3: Start familiarizing yourself with local court laws, federal laws and state laws regarding credit card debt and credit card lawsuit. Certain laws are in place to protect consumer rights against abusive debt collectors, like the Fair Debt Collection Practices Act as well as the Fair Credit Reporting Act. If you feel that you have been victimized by abusive debt collector, bring a documentation of such instances, provide proof of your claim and you just might get the credit card lawsuit dismissed and collect a fine for damages reward.

Step 4: To assist you in building your defense against the credit card lawsuit, consider phoning a debt relief attorney to assist you during the litigation. Although it’s not necessary to hire an attorney having someone who has the legal expertise on your side will dramatically increase your chances of dismissing the credit card lawsuit.

Step 5: Appear in court on the right date. Showing up in court also increases the chances of getting the lawsuit dismissed. The fact is, most debt collectors rely on debtors not showing up in court to win the lawsuit. They are likely to stop pressing charges on debtors who are willing to defend themselves in court.

Step 6: Request that the plaintiff produce documented evidence proving that you owe them money. If they come unprepared, the case is likely to be dismissed and your debt written off the books. If the plaintiff represents a debt collection agency, ask evidence that their company is licensed to collect debts in the state that the credit card lawsuit is being tried.

Step 7: If the plaintiff chose initiate a debt settlement, be honest about your financial situation and propose a sound payment plan.