Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court

Most junk debt buyers and collection agencies do not have access to certain documents once original creditors closed the book on old, charged off card accounts and this makes it difficult to pin the debt on the debtors being sued.

In such cases, instead of presenting the original card agreement, the plaintiff will try to present old card statements as proof that the debt is owned by the defendant. Now, if you are in this type of situation, you need to learn everything you need to know about defense against credit card lawsuit and how you can work around creditors who claim to have the evidence to win their case.

Now, if your junk debt buyer or collection agent is threatening to send the copies of your old card statement to the court unless you pay the debt in question, plus interest, know that these documents need to be authenticated first. Having these statements will not hold much relevance in court nor could it be the basis for a collector's summary judgment motions if the documents are not certified.

In terms of defense against credit card lawsuit, you need to force the plaintiff to validate the debt and because they cannot simply file documents received from the original creditor, they will find it hard to prove the debt's ownership. With no trace of evidence, your creditor cannot simply press charges and win the lawsuit. Even if they have your old card statements, they will not hold much merits in court because only relevant documents, like the original credit card contract, will be deemed by the court as real proof that will tie your name to the account and debt.

Don't panic if a collection agent or junk debt buyer is applying scare tactics like filing old credit card statements and focus on building a solid defense against credit card lawsuit. Here's something you should keep in mind, no one is free to simply file anything they wish to court without authenticating such documents and in your creditor's case, they still have to defend any evidence they present in court.

Always check with your local court rules to determine what you can and what you cannot do in court. By making an effort to learn all the rules, you increase the chances of winning the credit card or at the very least, make life extremely difficult for your creditor to the point where they'd rather drop the case altogether.

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Defense Against Credit Card Lawsuit: Fighting Evidence From The Collection Agency

It's important to work out your defense against credit card lawsuit because the plaintiff will do what it can to prove that you are the owner of the debt in question and will make you pay for every penny, including their own legal cost!

During the trial, the plaintiff will try to collect as much evidence as they could to pin the debt to you. They cannot get a default judgment if they were not able to gather enough admissible evidence to prove ownership of the debt. They will try to get at least one person to testify that you own the dent under oath. The witness will be subjected to cross-examination.

Usually in during the credit card debt lawsuit, witnesses can only testify about certain matters that they know personally, and not give information they obtain through hearsay. However, there is an exception to the hearsay rule. An exception may be ruled is allowed for business records admitted into evidence in certain circumstances in California. There are certain criteria to be met in order for a business record to be admitted in court. You need to check with your local court to determine what the exemptions are for the hearsay rule.

Most often, creditors will fight off your own defense against credit card lawsuit by presenting evidence in the form of statements but may not have witnesses who can testify how such records were made. In some cases, the creditor will not produce any documents that would pin the debt to the defendant. If the credit card lawsuit ever goes to trial, there is very slim chance that they will win due to lack of evidence.

You can build your own defense against credit card lawsuit around this weakness and demand that the debt be validated. Chances are, they do not have the necessary documents to prove their claim and if they cannot prove the ownership of the debt in question, then they cannot win the lawsuit.

Building your own defense is a matter of making extra effort to research, purchase the right guides and even consult a lawyer. Any and all of these are instrumental in winning a credit card lawsuit. So don't be a sitting duck and get as much information as you can about defending yourself in court Pro Se. Showing your creditor that you know a thing or two about fighting against the lawsuit could drive them to drop the case and move on to less informed debtors.

Learn how to fight all debt claims without even hiring an attorney.

Winning The Case When Being Sued By Credit Card Company

Are you being sued by a credit card company is a challenging situation to be in but fear or intimidations should not prevent you from doing what is right, which is fight the lawsuit (unless you are prepared to pay off the principal debt amount, plus interest, penalty charges and the junk debt buyer's legal fees). Now, say, once you found out about being sued by a credit card company and you took action, what happens next?

Generally, the lawsuit will proceed with a flurry of written court requests exchanged between you and the creditor. You and your creditor will have to answer each other Interrogatories in the Discovery phase. Assuming that you did everything right once you learned you are being sued by credit card company, represented yourself (Pro Se), familiarize yourself with local court rules and filed the necessary documents for your defense, and you won the case, what's next? If the case is dismissed WITH prejudice (which is what you should be going for), the junk debt buyer can no longer sue you for the same debt ever again. In other words, you won and they cannot hound you over the unpaid debt.

On the other hand, if your case was dismissed WITHOUT prejudice, the debt collector can re-open the case by amending certain documents and press charges you again for the same debt. In other words, you may have won the battle but not the war.

Note that any company cannot just sue someone and state per the terms of the agreement that you breached the contract or that you have unpaid debt per the terms of the agreement and not have the signed original or a copy of said agreement. If the other party presented a copy, it better have a copyright date for the years the account was opened and NOT one day before nor one day later or else it will be deemed invalid.

Always keep a lookout for updated information on what to do when being sued by a credit card company. This information just might help you win your case without even hiring an attorney! When being sued by a credit card company, getting essential information is the best tool. With the right information, it's quite possible to represent yourself in court and even have your case dismissed by the court. So go ahead, check local court rules, get advice from an attorney or purchase the right eDocument which will help you build your defense and eventually win the lawsuit.


End all debt claims by purchasing the complete Answering a Summons eDocument today! Click here to order now.

Credit Card Lawsuit Defense Facts

It is critical to build your credit card lawsuit defense once you receive a court-ordered summons from your creditor. However, do note that getting the summons from the original creditor or a junk debt buyer makes a difference. If you are sued by the original creditor, chances are, they still have all the necessary documents that ties you with the charged off account they want to collect from. But creditors always go for little victories, like a settlement offer, to move on to the next debtor. On the other hand, junk debt buyers do not have the necessary documents they can use against you, a fact that is critical to your own credit card lawsuit defense.

Another factor to remember when facing possible lawsuit from a creditor is the statutes of limitation in your state. If the debt is several years old, the harder it is for creditors to prove the debt's ownership. 
Many times, creditors' attorneys think that debtors will ignore the court summons and bagging an easy with through default judgment. If such is the case, it is important to draft an Answer within the given time period otherwise, you will lose the case! Creditors and their lawyers will conveniently leave out the fact that you are only given several days to answer the summons (20 days in most states) or else, default judgment is ruled in favor of the creditor! If you are planning to ignore the summons, you might as well write your creditor a check, it'll be much cheaper.

It might seem challenging, representing yourself in court and building your credit card lawsuit defense on your own but this is not the case at all. The whole thing will pay out through a series of written requests, motions and paperwork. It's just a matter of knowing what you need to do and get a-hold of important sample letters that are legally formatted.

Take the first step towards effective credit card lawsuit defense by drafting your Answer. It will send out a clear message to your creditor "I will not take this sitting down, I will fight for my rights". In some cases, something as simple as filing an Answer to the summons is enough for creditors to drop the suit all together. So what are you waiting for? Get as much information as you can about credit card lawsuit defense and you are well on your way to victory.

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Credit Card Lawsuit Information: Explaining The Plaintiff

If you are facing a credit card lawsuit for the first time, chances are, you have very little to go on in terms of defending yourself. In this article, we will discuss basic credit card lawsuit information, getting to know the plaintiff.

Now, if you got served a summons by the court, you need to read the Complaint and the summons thoroughly because they contain all the answers you need to know about how you can answer the summons correctly. From the documents, you will also discover how much time you have to file your Answer. If you did not answer the Complaint within the given timeframe or you ignored the summons completely, your credit card company or collection agency will win the credit card lawsuit through a default judgment.

From the Complaint, you will see the Plaintiff’s name and the defendant’s name. The plaintiff is essentially the junk debt buyer, the original creditor or a collection agency while the defendant is you.

The plaintiff is the one who filed the credit card lawsuit and is seeking compensation for the damages. Those damages are Money damages and should be indicated on the complaint document that alongside the summons. Therefore, to determine how much money you need to pay up once you lost the case, you will need to check the court ordered summons as well as the accompanying documents.

The plaintiff filed the credit card lawsuit because either you failed to respond to their collection calls or you failed to answer their collection letter, including failure to send a debt validation letter. On the last paragraph of the complaint that starts off with “Wherefore” and within that paragraph, the amount of money the plaintiff wants you to pay will be indicated.

These are just some of the basic information you need to check when you are facing a credit card lawsuit. You need to get as much information as you can if you plan to represent yourself in court. The first thing you need to do when you got served with a summons is to check your state’s local court rules to determine whether or not you have to file an Answer to the summons and complaint immediate. In some cases, filing an immediate Answer to the summons and complaints is not the best move. If you are required to answer the summons right away, do so in a type-written and legal format to void the documents from being sent back to you.

Learn how you can defend yourself in court without the costly legal charges. Click here to order the ultimate guide that will end all debt claims once and for all!

Credit Card Lawsuit: Dealing with Junk Debt Buyer’s Admission Request Lawsuit

During the discovery phase of a credit card lawsuit, you are bound to receive a series of questions you need to answer, including Request for Admissions, a set of statements that the plaintiff will ask you to either Admit or Deny. Just like Interrogatories and Request for Documents, you are given a certain amount of time to answer them otherwise; your creditor will win the credit card lawsuit by default judgment so make sure you submit the necessary response within the given time frame!

Your creditor expects you to not answer the Request for Admissions on time! If you failed to answer on time, the creditor will file for Motion to Deem Admissions Admitted, meaning you automatically admit to all allegations set by your creditor! But this works both ways, if your creditor did not answer the Request of Admit Facts on time, you too can file a Motion to Deem Admissions Admitted.

If say, you did not sent your Request for Admission on time and your creditor filed a Motion to Deem Admission Admitted and the motion is granted, the creditor will win the credit card lawsuit. Even if you are late, you can still file the documents, state your reason for the late filing, and pray that the court will give you more time to finish the Request for Admission.

It’s important that you check with your state’s local court rules to determine how much time you have to answer any documents and draft an answer as soon as you receive any documents that requires it or else, you will lose the credit card lawsuit and pay for all debt amount, including interest, penalty chargers and your creditor’s legal fees!

Dealing with a junk debt buyer, as opposed to the original credit card company, can be a slippery slope because junk debt buyers will try to use the same Admissions to all debtors under and most of these questions do not have anything to do with the case at all. These questions are often sloppy, then don’t make sense and junk debt buyers do not even care to correct them.

The good news is, as long as you are two steps ahead of these slime balls, you can win the credit card lawsuit. It all starts with giving the right answer ON TIME. This will ensure you that the other party will never win the credit card lawsuit by default. 

Learn how you can defend yourself in court without the costly legal charges. Click here to order the ultimate guide that will end all debt claims once and for all!

Being Sued by Credit Card Company? Answer Junk Debt Buyer Interrogatories The Right Way!

Are you being sued by credit card company? This situation may prove to be difficult if you don’t know what steps to take to fight off debt claims in court. Thousands of Americans are being sued by credit card company and it is up to you to exercise your rights and defend yourself. If the lawsuit pushes through the Interrogatories phase, chances you, are will be given a set of questions you need to answer.

Now, this is a tricky part as those being sued by creditcard company are asked to provide sensitive personal details like their social security numbers and/or bank and employment information. Remember, you can object to these questions and you need to do so with cited grounds to your objections.

Note that in this phase, your creditor will wait for you to mess up the questions and get you to admit that you own the debt. This way, they can file a default judgment against you. Meaning, one wrong answer and they will win the case! The set of questions will include asking about your bank account, your job and personal details that has nothing to do with being sued by credit card company. These information are rather sensitive so think twice about giving them a straight answer!

The important thing to remember when being sued by creditcard company or junk debt buyers is that if they do not have proof that would otherwise prove that the debt is yours, they don’t have a case. For junk debt buyers, you are in luck because these agencies do not have the necessary documents that would prove you own the debt, like a signed contract between you and the original creditor, as these documents are never released by the original creditor. When the original creditor closed the book on an account, that account will stay closed even if it is sold to a third party collection agency. If the junk debt buyer has no evidence that would prove you own the case, then their chances of winning by default is slim.

It can be quite difficult to answer certain questions without giving away personal information about you. If you are being sued by credit card company and you have no idea where to start, we compiled all necessary information you need to know about fighting debt claims. With the right information, there is no reason why you could not defend yourself in court and have your case dismissed!

Click here to order your own copy of the complete Answering a Summons eDocument package and end all debt claims without the hefty legal costs.