how to enter defense to a lawsuit for credit card lawsuit without attorney

After speaking with a debt settlement attorney, you may decide it is appropriate to file an answer to the lawsuit. An answer is a formal written response that contests the suit. You may be able to file an answer without retaining an attorney by completing forms available through the court or online and filing them yourself in court.

Full Answer

How to defend a credit card lawsuit?

Jun 21, 2021 · Indicate any income (like Social Security) exempt from garnishment. Sign the bottom of the page and keep a copy of the complaint and your answer for your records. Along with your answer, you’ll have to include a filing fee to the court clerk. If you can’t afford the filing fee, you may qualify for a waiver.

What to do if credit card company sues you?

Oct 03, 2021 · After speaking with a debt settlement attorney, you may decide it is appropriate to file an answer to the lawsuit. An answer is a formal written response that contests the suit. You may be able to file an answer without retaining an attorney by completing forms available through the court or online and filing them yourself in court.

What happens when your credit card company sues you?

You must assert the discharge in bankruptcy as a defense to the suit. (To learn more, see our Credit Cards in Bankruptcy area.) Mistaken Identity If you have been sued on a debt you do not owe because you have a name that is the same or similar to the name of the person that owes the money, you can assert mistaken identity as your defense.

How to settle a credit card debt lawsuit?

Here are some of the most common defenses in a debt collection case: Statue of frauds. Waiver. Estoppels. Statute of limitations. Violation of bankruptcy discharge. Violation of the Fair Debt Collection Practices Act. While violating the Fair Debt Collection Practices Act may not be a defense, it can be utilized as such.

How do you fight a credit card lawsuit?

7 Ways To Defend a Debt Collection LawsuitRespond 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.Jul 4, 2019

How do I respond to a credit card summons?

If you know the information, especially the allegation contained in the summons, is correct, you must answer the summons with facts. For a sample answer to a summons for credit card debt, when you affirm the information contained in the summons, you can simply write the term “admitted” next to each bullet item.Oct 29, 2021

How do you answer a summons without a lawyer?

Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).Aug 12, 2019

Can you go to jail for credit card debt?

Can You Go To Jail For Not Paying Debt? (including student loans & credit card debt) The short answer is no – you will not go to jail for failing to pay back your debts.

Improper Service of The Summons and Complaint

Each state has its own requirements on how service of process, or delivery of the summons and complaint to start the suit, must be accomplished. Yo...

Fair Debt Collection Practices Act

The FDCPA is a federal law that governs the actions that can be taken to collect debts. Debt collector is defined broadly to include anyone from th...

Payment of The Credit Card Account, in Part Or in Full

Payment is always a defense to any collection action. Often it is a valid defense even if you paid another party. For example, if your debt was sol...

Fraudulent Credit Card Charges

This applies in the case of identity theft, a stolen credit card, or when a business processes your credit card improperly.But if this happens to y...

What happens if you are on the wrong end of a credit card lawsuit?

If you’re on the wrong end of a credit card lawsuit, you’re faced with the prospect of a judgment against you. If you’re smart, you’ve got powerful weapons you can use.

What does a credit card collector claim?

The collector claims you owe a certain amount of money. You know you owe something – but do you owe what they say you owe? The amount claimed in a credit card lawsuit often includes interest, bank fees, collection fees, and other charges. Without an accounting, you can’t be sure the amount is correct.

Can you sue a credit card company if you think you owe money?

Whether you think you owe the money or not , make the company suing you prove prove you owe the money to them. The original account may have been transferred to different debt collectors prior to the credit card lawsuit being filed against you.

Is a credit card lawsuit a violation of the FDCPA?

Make Sure It ’s Legally Collectible. Sometimes the credit card lawsuit is filed after the statute of limitations has passed. The statute of limitations is based on the state law that controls the original credit card agreement, so you need to take a look at that. Filing a credit card lawsuit when the time has run out is a violation of the FDCPA.

Is a credit card lawsuit proof?

Rather than making an excuse for nonpayment, remember that a Complaint in a credit card lawsuit is nothing more than a list of allegations – not proof. Don’t fall into the trap of agreeing to something without proof.

The process

When a collection agency is unsuccessful in recovering an unpaid debt, the original creditor or debt-buyer may file a lawsuit against the consumer. If you are sued by a creditor or third-party who purchased your debt from an original creditor, you will be served with a summons and complaint.

Defenses

A collections lawsuit is supported by claims that you borrowed money, failed to repay it, and that you are therefore responsible for paying the debt. However, even if you agree to these claims, you may still have a defense to the lawsuit.

Possible outcomes

Without an attorney, a collection lawsuit will likely end with a judgment. Regardless of whether the judgment is entered by default or as part of a settlement agreement, a judgment orders the debtor to pay the debt plus accrued interest and court fees.

Why Would a Credit Card Company Sue Someone?

You may be wondering why a credit card company would sue you. Creditors can file lawsuits for various reasons. However, we’ll be focusing on the most likely reason a credit card company would sue a consumer: unpaid credit card debt.

Know your rights

When you are facing legal action for unsecured debt, it’s essential to understand your rights. Suppose a debt collector violated federal law or the statute of limitations has passed. In that case, you may have a solid affirmative defense.

Talk to an attorney

If you’ve been sued for credit card debt by Midland Credit Management, Portfolio Recovery Associates, or any other creditor or debt buyer, you may have many options. Knowing your credit card rights can help you deal with legal action by creditors and credit card collection agencies.

What is National Legal Center?

When facing a debt collection lawsuit, you need an attorney who knows what you’re up against. National Legal Center is a multistate consumer rights law firm that has helped thousands of consumers deal with lawsuits by credit collection agencies and creditors.

How to respond to a credit card lawsuit?

Talk to a Lawyer. If you need help responding to a lawsuit for nonpayment of a credit card debt, consider hiring a lawyer. But keep this in mind: If it costs more to hire a lawyer than what the creditor seeks in the lawsuit, it might not make sense to seek attorney assistance. Talk to a Bankruptcy Lawyer.

What can you do if you are sued for FDCPA?

If a suit has been filed against you, you can assert FDCPA violations as a countersuit or setoff in that action. You can recover actual damages, attorneys' fees, and additional damages of up to $1,000 per violations if the violations are found to have taken place.

How long does it take for a creditor to file a lawsuit against you?

The time limit varies from state to state. In most states, it is anywhere from three to six years. The time usually starts running from the last date you make a payment.

How long can a creditor sue you?

The time limit varies from state to state. In most states, it is anywhere from three to six years. The time usually starts running from the last date you make a payment. If the statute in your state is three years and you haven't made a payment in two years, a payment to a debt collector who is hounding you will start the time running all over again.

What is the Fair Debt Collection Practices Act?

Fair Debt Collection Practices Act. The FDCPA is a federal law that governs the actions that can be taken to collect debts. Debt collector is defined broadly to include anyone from the companies that call you when your payment is late to attorneys hired to file suit.

What does it mean when a debt purchaser shows no standing?

If you assert lack of standing, the debt purchaser must show proof that your account was one of those that it did purchase.

What is the FDCPA?

The FDCPA is a federal law that governs the actions that can be taken to collect debts. Debt collector is defined broadly to include anyone from the companies that call you when your payment is late to attorneys hired to file suit. 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.

What is a Summons and Complaint?

In the packet of papers you received from the process server, you will find:

Complaint or Lawsuit

Complaint Number #XXXXXXX Collection Attorney Plaintiff vs.

Affirmative Defenses

This type of defense is the legal reasons why the complaint should be thrown out. Some of the best affirmative defenses are:

File Your Answer

You will need to send a copy of your answer to the courts and the lawyer listed in the lawsuit. Make sure your answer is filed stamped by the clerk in the court.

Assert Counter Claims

You may have a counterclaim against the debt collector which you would need to bring in the lawsuit

Set Case for Final Trial

Final trial is held within 8 months but could be sooner than you expected. You are allowed 45 day notice of the 1st trial setting. At the trial, the credit card company will attempt to prove up the case with business records affidavits. They almost always do this.

Consider Bankruptcy

If judgment is taken, it will follow you for at least 10 years, if you file bankruptcy, the lawsuit is stayed, along with any other debt collection efforts. The bankruptcy will be on your credit report for about 7 to 8 years but your balances will be zero on the debt that was discharged in the bankruptcy.

What is the best way to defend against a creditor lawsuit?

Payment Plans . Arranging a payment plan with the creditor can often be the best solution in defending an original creditor lawsuit. Most creditors and collection law firms will allow a debtor to enter into a payment plan which can prevent a judgment from being entered as long as you continue to make the payments.

What is the key document in a credit card lawsuit?

Inconsistencies. The credit card statements, if available, are the key documents in a credit card lawsuit. A detailed review of the credit card statements will often uncover wildly varying interest rates and penalty fees. In defending an original creditor lawsuit, it is important to reference the inconsistent fees with the applicable contract ...

What happens after opening a credit card?

After opening the account, often times the credit card company will send amendments to the credit card agreement changing those terms which may include the interest rate, late payment fees, and over limit fees .

What is a credit card contract amendment?

Credit Card Contract Amendments are closely tied to the inconsistencies listed above. The Contract or Cardmember Agreement memorializes the agreement between the parties and contains the terms and conditions of the account. After opening the account, often times the credit card company will send amendments to the credit card agreement changing those terms which may include the interest rate, late payment fees, and over limit fees. Only after reviewing the original agreement and each of the amendments can you be certain that the balance alleged in the lawsuit appropriately follows the terms agreed upon between the parties.

Why is it important to reference the inconsistent fees with the applicable contract?

In defending an original creditor lawsuit, it is important to reference the inconsistent fees with the applicable contract to ensure the credit card company was charging the appropriate interest rate, late payment fee, over limit fee, etc.

How to contact Florin Legal?

If served with a credit card lawsuit by an original creditor, please call Florin Legal, P.A. at (813)724-3063 or request a free consultation. ← Small Claims Pretrial. 5 Common Debt Buyer Lawsuit Defenses →.

What is consent order?

The consent orders at issue are agreements between credit card companies and governmental agencies such as the Consumer Financial Protection Bureau (CFPB) and the Federal Deposit Insurance Company (FDIC). These agencies expose and punish original creditors for alleged violations of various consumer protection laws ranging from ...

What to do if a credit card company sues you?

There’s a sports adage that the best defense is a good offense. If a credit card company sues you, one strategy is to challenge its right to do so. It’s the plaintiffs’ responsibility to prove that you owe them money. Make them do it. Debt often gets sold, so ask for documentation of a credit agreement that you signed and proof that the paperwork is accurate and came from the original creditor. This can be done without a lawyer.

What happens if you don't show up for a credit card lawsuit?

If you don’t show up for the court proceeding, the judge automatically rules against you and will order you to pay the full amount. Credit cards are unsecured debt — meaning there’s no collateral at stake, such as a home or car — so the lender has limited options for collection.

What is Incharge debt management?

InCharge has credit counselors who can help reduce your monthly payments and get you out of debt even faster. With a debt management program, counselors can work with the credit card company to reduce the interest rate on your debt to 8% (sometimes better) and arrange a payment schedule that is affordable.

What is the top debt collection problem?

In 2019, the top debt collection problem was being pursued for a debt an individual didn’t owe. People frequently learn of collection efforts only after they are denied a loan or don’t get a job because of an outstanding debt on their credit report. A couple facts are interesting to note.

How many calls can you get from a debt collector?

If you have five debts, that does mean you could get 35 calls – but you’d only have to have five conversations. The second part of the rule says that debt collectors are required to provide consumers a validation notice either immediately or within five days of contacting the person they believe owes the debt.

How much credit card debt will be in 2021?

According to the Federal Reserve, U.S. credit card debt stood at $770 billion in early 2021. Understand, too, that credit card companies don’t sue capriciously. But if you fail to make the minimum monthly payment and carry a high balance, you’re going to get the dreaded phone call or court summons.

How long does it take to recover from bankruptcy?

Understand: Bankruptcy has a considerable impact that can take years to recover from, but it can be a first step toward getting out from under overwhelming debt and move you toward rebuilding your credit. Talk to a lawyer immediately about whether filing for Chapter 7 or Chapter 13 bankruptcy is right for you.

What is interrogatory no. 6?

For each agreement you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant.

Is Meaders a good law?

result in Meaders is no longer good law because of changes to the attorney’s fees statute that now permit fees in breach of contract cases. However, the Supreme Court did not overrule the Meaders holding that a suiton account cannot arise out of an express contractual relationship.

Can a plaintiff use an implied contractual theory to recover more than his contract authorizes?

The principle that a plaintiff should not be able to use an implied contractual theory to recover more than his contract authorizes is particularly applicable to credit card cases. Credit card fees and interest rates are heavily regulated. Federal law mandates comprehensive disclosures of these terms when the account is opened and when the account is amended.