How do I protect myself in court for credit card debt?
- Respond to the Lawsuit or Debt Claim.
- Challenge the Company’s Legal Right to Sue.
- Push Back on Burden of Proof.
- Point to the Statute of Limitations.
- Hire Your Own Attorney.
- File a Countersuit if the Creditor Overstepped Regulations.
- File a Petition of Bankruptcy.
Can Credit Card Debt collectors take you to court?
Often, you work with the creditor or debt collection agency, to decide on a payment plan, or come to some sort of agreement. However, if you are still unable to pay your debt, refuse to cooperate, or do not return calls or correspondence, the creditor or debt collection agency can take you to court.
How can I settle a credit card debt when a lawsuit has been filed?
One option available to you is to try and reach an amicable settlement on the credit card debt owed. You may agree to a payment plan to pay off what you owe over time. You will probably agree to pay less than the debt owed as long as you can pay off a good chunk of it fast.
How much do you have to owe for a credit card company to sue you?
Financial institutions typically don’t sue customers who owe less than $1,000 or are making regular payments. As such, you shouldn’t need to worry about a lawsuit unless you owe a substantial amount and are well behind on your payments.
What are the defenses to credit card debt lawsuits?
It requires collectors to provide you with validation of your debt when you request it and stop collection activities until they do. It prohibits certain collection activities such as threatening to sue on debt that is beyond the statute of limitations.
Who are the consumer protection attorneys at Edelman Latturner and Goodwin?
The consumer protection attorneys at our firm are committed to holding companies accountable for their actions and ensuring that consumers’ rights are upheld. Our valued clients receive personalized service and undivided attention from the attorney on their case.
Do you need a lawyer to fight a credit card company?
Too often, consumers go up against businesses without experienced representation – from credit card companies, car dealerships and debt collectors to mortgage companies and landlords – and get nowhere. With a knowledgeable lawyer fighting these companies on your behalf, you can obtain the compensation and resolution you deserve.
Can a credit card company sue for lack of standing?
Lack of Standing. A creditor can only sue you if it has a relationship to you. Credit card companies often sell bad debt to debt purchasers. If the party that sues you is not the original creditor and you assert lack of standing as a defense, it will have to prove that it has the right to sue you.
