Credit card lawsuits are becoming even more popular with today’s economy. Junk debt buyers are enjoying this because they are going after default judgments. They know that almost every American is suffering right now with their jobs and finances. They also know they can take advantage of this by filing a lawsuit, knowing you don’t […]
Is the contract and assignment attached to the complaint as required by §2-606 of Code of Civil Procedure? 735 ILCS 5/2-606 provides: Sec. 2-606. Exhibits. If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading […]
Read this landmark case regarding the Fair Debt Collection Practices Act. SPEARS vs. BRENNAN Clifford W. Shepard, Consumer Protection Law Offices, Indianapolis, IN, Attorney for Appellant. Thomas J. Grau, Carol A. Nemeth, White & Raub, Indianapolis, IN, Attorneys for Appellee. IN THE COURT OF APPEALS OF INDIANA ) Case No.: 49A02-0003-CV-169 GREG A. SPEARS, […]
Sorry, but I don’t want people to give up here. I receive comments and emails with people saying “I can’t defend myself, I don’t know how”. Always defend yourself. I cannot stress this enough throughout this entire website. Over 95% of consumers who are sued for credit card debt get a default judgment because they […]
Did you know that every single collection agency that sues a consumer is looking for a default judgment? When I was sued, I looked up the Collection Agency and saw literally hundreds of cases filed and about 98% of them ended up in a default judgment. People who have old credit card debt need to […]
A credit card is considered an open account in most states. You would have to check your local court rules to see what your state considers a credit card.
What does “real party in interest” mean when being sued for credit card debt? Real party in interest simply means the one who actually possesses the substantive right being asserted and has a legal right to enforce the claim. So if I was being sued by a debt collector and they have not shown me […]
You have to be very careful when receiving a summons and looking over the suit. There will be some tricky questions listed that they’ll use to try and trip you up. The plaintiff’s attorney is going to put them in there on purpose and word them in such a way that you could easily mistake […]
Interrogatories are written questions a party may serve on any other party. They must be answered in writing and under oath. Interrogatories are most useful as a means to obtain basic information, such as witness names, the facts underlying a vague or indefinite statement in a pleading, or to ask simple, unambiguous questions. Written interrogatories, […]
I find it really amusing when the junk debt buyer is suing you and answers your interrogatories with nothing but objections. To begin with, they send it to you and you go into a panic wondering how you are going to answer all of these questions. You’re not even sure if you should answer all […]