The Worst Defense Against Credit Card Lawsuit

In most cases, debtors who are defending themselves in court have no idea if a certain defense against credit card lawsuit will work in his favor or against it. You'd be surprised at some of the defenses that these debtors think will help their case when in fact, they tend to backfire on them. In this article, we will discuss some of the worst defense against credit card lawsuit often used in card debt trials to avoid making the same mistake.

"I tried to settle the account but you wouldn't cooperate"

This is probably the worst defense against credit card lawsuit ever simply because it suggests that YOU DO have an account with them. After all, no one will pay for something they do not own, right? The fact is, the court will not arrange the payment deal but will determine if you do own the debt and then the amount of money you owe. Using this defense against card lawsuit is practically admitting that you own the debt and you did not pay for it on time.

"I already hired a debt settlement company to solve this"

This is the second worst defense against card lawsuit commonly used by debtors who are fighting off debt claims in court. This defense is useless because creditors, junk debt buyers, or collection agencies do not accept any payment other than in full, once you are in default therefore; this is the last defense you want to use to defend yourself in court!

"I don't have to pay according to my divorce decree"

This defense against credit card lawsuit is mixing one entirely different thing for another. Note that a divorce decree is issued by a family court while card debt is in civil court. The card debt suit is not bound by the divorce decree and when your card company sues you, not even your divorce decree could stop your creditor from moving on with the lawsuit. Think things thoroughly before you use this as a defense against credit card lawsuit.

Finding the right defense against credit card lawsuit is not as hard as you think as long as you make all necessary efforts to build your case and learn how to make the right arguments in court. Representing yourself in court Pro Se is not as intimidating as you think as long as you are one step ahead of your creditor. It all start with getting the right information. This means, laying out the ground work. Click here to know more.

Debt Collection Laws: Re-Aged Credit Card Debts

Sued by your credit card company for unpaid debt? Whether or not you choose to hire a lawyer to represent you in court, you need to familiarize yourself with debt collection laws in your state. One such debt collection laws to check out is the statute of limitations on debt. You will need to get your credit reports from all three credit reporting bureaus because your credit report will state the DOLA or date of last payment. Compare all three reports to see if all information is accurate.

If you feel that certain data is incorrect, you need to cross check with your bank statements, which you can request from your bank, and search for the alleged payment. If things don't add up, it's possible that your account has been re-aged by your creditor.

Re-Aging CC Debts: What is the concept behind this practice?

Re-aging debts refer to out of statutes debt that has been re-aged to make it fall within the statutes of limitation in a certain area. In some cases, junk debt buyers or debt collectors who purchased debt accounts that are out of statutes will be re-aged so they can still go after said debtors. 
For the debtors, re-aging an account is a double whammy because 1) it will appear that the debt is within the statute and 2) the debt will stay on their credit report longer than it should and this will damage the credit score.

If you are reviewing the debt collection laws in your area, you will know that out of statute debts cannot be collected. If you found that your account has been re-aged, you need to list this one as your number one Affirmative Defense in the Answer document. Don't forget to make copies of the proof with the DOLA highlighted and bring these evidence to court if the lawsuit pushes through.

If, on the other hand, your account is within the statute but the account has been re-aged, you will also need documented proof of the evidence and bring it to court.

Proving that your account has been re-aged is a powerful defense especially in case of arbitration. But you can only do so if you know how to prove the conflicted dates through your credit reports, bank statements, etc. If the court agrees that there is conflict with the account, the plaintiff cannot expect an easy win through default judgment.


Learn how you can beat all debt claims without hiring an attorney by getting access to this revolutionary product here.

Debt Collection Laws: Statue of Limitations Explained

Many debtors facing credit card debt lawsuits are largely unfamiliar with debt collection laws in their state, which is unfortunate since one can build his or her defense and quite possibly, win the lawsuit if he or she takes time to review their states' local debt collection laws.

One such debt collection laws include the Statute of Limitations. Statute of limitations refers to the period where a debtor cannot be sued for a certain debt because it is time-barred. The statute clock starts ticking from the DOLA or the date of the last payment on the account. The DOLA could be a partial payment, or any payments made to the original creditor, a collection agency, etc.

For example, say, you made your last payment on a credit card in June 2004 and the statute of limitations on open-ended credit card accounts in your state is six years. This means that your debt will be out of statutes by June of 2010.

Now, this does not mean the creditor will stop its collection efforts by June of 2010. It means your creditor can no longer sue you for the said debt after June 2010. If your creditor stopped suing you for the debt yet remains active in calling you or the people around you to collect the debt, you can put a stop to this by filing a Cease and Desist letter.

For many debt collecting agencies, the minor details are often overlooked and very few debtors take a chance to review debt collection laws to defend themselves. Note that each state has their own statutes on debts and to know more about statute of limitations in your state, you can reach your State's Attorney General's office and know more. A simple search online is also a great way to obtain all the information you need about debt collection laws.

So in order to increase the chances of the credit card lawsuit being dropped by your creditor, make sure you educate yourself about the kind of legal process that will take place once the lawsuit reaches the court. This is important even if you have no plans to represent yourself Pro Se. Being informed about how things will play out in court will help you be two steps ahead of your creditor and get them to think twice about letting the case reach the court instead of settling the debt out of court.

Learn how you can beat all debt claims without hiring an attorney by getting access to this revolutionary product here.

How to Fight a Credit Card Lawsuit: Answer your Request for Admissions

If you are facing a possible lawsuit from unpaid credit card debt account, it is important to learn how to fight a credit card lawsuit. You’d be surprised at how easy it is. Of course, you need to remember two things when learning how to fight a credit card lawsuit, first, you need to gather as much information as you can about the subject and two, check your local court rules to learn what types of motions you can file if your creditor made errors with the complaints and the summons.

Many debtors who are facing possible lawsuits from their creditors tend to ignore the importance of creating an Answer to Request for Admissions, which is given to you by the plaintiff. So should you? The answer is a resounding yes.

Always check your local court rules under Discovery or the local court rules for Admissions, Interrogatories, and Production of Documents, all of which are labeled separately. Your local court rules will provide information on how to fight a credit card lawsuit properly. In some states, every single Request for Admission is DEEMED ADMITTED unless the defendant creates an Answer to these allegations by filing a Written Answer or Objection to the court.

The lawyer who sent you the Admissions should tell you how many days you have before you send the necessary documents but some will conveniently leave out this fact so better do your own research or you might miss this chance to answer all allegations against, you.

On the other hand, if you ignore the Request for Admissions and failed to provide an answer to the opposing attorney, he or she will file a Motion to have these Admissions deemed admitted per your local Court rule. Essentially, the court and the plaintiff will take it that you admit to owing them money, you admit that you own the credit card and you admit that you did not pay your debt.

Simply put, failure to file an Answer means you are letting your creditor win their case! If the plaintiff files a motion to that Admissions Deemed Admitted, you will lose the case and pay the debt in question, plus interest, penalty charges and your creditor's legal fees!

Avoid crippling financial problems by learning how to fighta credit card lawsuit! Remember, losing the case means you will not only pay the debt, you will also get bad marks on your credit scores for several years. Learn what steps you need to take and learn how to fight a credit card lawsuit correctly.

Learn the secrets in ending all debt claims in court without even hiring an attorney! Click here for more information.

Important Facts to Remember When Faced with Credit Card Lawsuit

Generally, banks will charge off an account after the debtor did not make a payment for 180 days. If your credit card debt has been left unpaid for 180 days, you need to check your report to see the Charge Off.

All charge off accounts will be turned over to a debt portfolio where it may be sold to a third party collection agency, known as junk debt buyers. If your account has been sold to a junk debt buyer and you have been served a summons, do not panic since most junk debt buyers do not have access to original documents that tie a person to the debt in question, directly.

Some debtors usually ignore the summons and this is where the lengthy, not to mention, costly, legal battle begins. However, there is a way to get around this problem. If you are facing credit card lawsuit for unpaid debts, it’s important to respond to the complaints right away. You may check your local court rules to see the given timeframe to file an Answer to the complaint.

Junk debt buyers are ruthless when it comes to collecting debts. Know that they paid pennies on the dollar for each account so they are likely to rake thousands of dollars in return. From the summons and accompanying documents, you will see the amount of money you owe, plus interest and penalty charges. If you ignore the summons, you will not only pay for all these charges, you will also pay for the junk debt buyer’s legal fees! Unfortunately, because most junk debt buyers are connected with most collection attorney across the country, they have the ability to track you wherever you live.

But consider yourself lucky if a junk debt buyer is filing a credit card lawsuit against you rather than your original creditor because the latter have all incriminating evidences that will pin you to the debt. Junk debt buyers do not have this luxury, when a creditor closed the book on a certain account, even the junk debt buyer who purchased it cannot access the documents.

This makes it very difficult for junk debt buyers to prove that the debt in question is yours so what they hope for is a default judgment. If you ignore the summons, the court will award a default judgment to the junk debt buyer and on top of creditors having legal access to your bank account or garnishing your wages, you pay for everything including their legal fees.

Learn the secrets in ending all debt claims in court without even hiring an attorney! Click here for more information.

Credit Card Lawsuit: Knowing The Two Kinds of Plaintiff

When it comes to a credit card lawsuit, the plaintiff could either be the original credit card company, a junk debt buyer or a collection agency. Many debtors tend to panic when they are handed with a summons from unpaid CC balance because going head to head with a creditor in court is really a challenging situation to be in. However, the key to beating any type of plaintiffs is to craft the correct Answer to the summons.

Statistically, most original creditors do not sue their consumers and instead, sell old, charged off accounts to junk debt buyers who target seemingly weak debtors who looked like they will just ignore the summons. Junk debt buyers rely on this and expect an easy win by being awarded a default judgment.

Junk debt buyers screen possible candidates to serve summons to using special software and because they are well-connected with local collection attorneys, they will send multiple summons to selected debtors, hoping none will respond to the summons therefore winning the case via default judgment.

On the other hand, if a debtor responds to the credit card lawsuit and demands original documents to validate the debt, most junk debt buyers will not pursue the case and instead, will move on to less informed individuals.

Original creditors will have an equally hard time going after a debtor because all operations are computerized and most of them do not keep paper records. With no employees with personal knowledge on individual debtor accounts to swear in an affidavit for a credit card lawsuit, proving the debt’s ownership is not as easy so there is a slim chance of getting a default judgment.

When they hire a collection attorney to handle the case, the more expensive the credit card lawsuit becomes. What’s more, collection attorneys are not paid unless they win the case. Original creditors who won the credit card lawsuit will have to pay 30% of the money collected to the collection attorney so original creditors would rather cut their losses and sell the accounts rather than seeing through until the end of the credit card lawsuit and getting so little from it.

If a junk debt buyer is the one suing you for the credit card debt and not the original creditor, then you are in luck because most junk debt buyers do not have access to relevant documents that could pin the debt under your name.

Learn how to beat a credit card lawsuit by getting insider scoop on how to handle all debt claims without even hiring an attorney by clicking here.

How to Beat a Credit Card Lawsuit

Learning how to beat a credit card lawsuit starts with extensive researching. The fact is, just because a creditor filed a lawsuit against you does not necessarily mean they can prove their case. You can raise various defenses against junk debt buyers or collection agents but it should only be raised through the court system. Creating your Answer to the summons and complaints is the first step on how to beat a credit card lawsuit.

How?

The fact is, most junk debt buyers or collection agencies release multiple summons and complaints to all accounts they have under them hoping that none of them will respond. More than 96% of debt related lawsuit end in default judgment, your creditor assumes your case won’t be any different. If you respond to the summons and complaints, it gives the clear message that you understand the complaint, you know your rights and you are not afraid to fight for yourself in court. Something as simple as filing a Notice of Appearance, Answer, and Certificate of Service are enough for many creditors to drop the lawsuit and move on to less informed debtors.

So first things first, you need to dedicate some time researching on how to file the necessary documents is the first step you need to take when learning how to beat a credit card lawsuit. Make sure all documents are filed in court within the allowable period. Failure to present these documents on time will cause your creditor brownie points from the court and risk the chances of them being awarded with default judgment against you.

Default judgment will give the creditor legal rights to access your banking, employment and personal records, freeze your account and garnish your wages. On top of all these, your credit will be ruined for a minimum of seven years! So it takes a little effort on your part to avoid things from getting bad to worse. Fight back, you got nothing to lose and everything to gain!

Find out how to beat a credit card lawsuit using effective, proven strategies. Additionally, you need to exhaust efforts trying to find the right information to guide you through this ordeal. This can be done by researching for great strategies, checking your state’s local court rules to determine what you can and what you cannot do during the legal proceedings, purchase an eBook that can help you fight against the lawsuit Pro Se, or consult a lawyer. 

Get insider scoop on how to beat a credit card lawsuit without hiring an attorney by clicking here.