This article outlines the initial steps necessary to undertake when preparing to defend your credit card debt lawsuit. There are essentially to important things steps to takes. One, get a basic working knowledge of the court rules and procedure for your state. Two, create complaint analysis and checklist you can refer to as you prepare […]
One of the most powerful defense tool used to fight lawsuits initiated by collection agencies and junk debt buyers is called invalid or failure of debt Assignment. When a 3rd party purchase debt or take over collection rights from the original creditor its called an assignment of debt. There are certain legalities involved in this […]
On explaining his success, a sportsman recognized for his achievements stated that: “A winning effort begins with preparation”. It’s a simple concept but one that is fundamental whatever challenge we are facing. A credit card lawsuit is a particularly troubling ordeal that catapults an ordinary person into the unfamiliar, merciless world of debt collection and […]
When you find yourself in the daunting position of facing a credit card lawsuit, it can be an extremely confusing and distressing time and it’s hard to know where to begin in your battle or whether to battle at all. Understanding the rhetoric of legal terms and distinguishing between the fact and the fiction can […]
You’re over the initial shock of receiving a summons for credit card lawsuit and the fighter in you is now determined to do everything you can to fight back and win this case. By now you should have carefully studied your local court rules for any information, laws and instructions that pertain to your case. […]
It’s an understatement to say that being served with a court summons from a credit card company is an extremely distressing experience. Years may have passed since you missed a credit card payment and you may have forgotten all about that particular card. However, you now are grasping a court summons and you are feeling […]
Imagine that someone received a debt collection notice from a junk debt buyer so he sent off his debt validation letter and never heard back from them again. About four months down the line he gets another collection notice for the same debt, but this time it is from a different junk debt buyer. The […]
If you opened up a credit card and defaulted in one state, moved and are now being sued in the state where you reside in, what you need to do is look and see if your state has what is called a borrowing statute. A number of states will have a borrowing statute that will […]
A credit card lawsuit is basically a “breach of contract”. However, you have to look at the counts against you on the complaint. Are you being sued under a breach of contract or under an account stated theory? Or both? Did you know collection attorneys who are looking for an easy win will sue you […]
Fair Debt Collection Practices Act Section 809. Validation of debts [15 USC 1692g] (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt […]