Below is a sample of a motion to strike plaintiff’s affidavit of debt. While this is just a sample form t is still up to the defendant to check with his/her local court and find out the correct format that they require. It is also the responsibility of the defendant to fill out the captioning […]
Credit card debt is one of the last things you want to have to deal with, but the reality is that if you’re reading this article you are currently faced with answering a summons. That court summons you received came with a complaint also. Even if you don’t remember how you accumulated all this debt […]
Are you planning to file a motion for discovery that asks the court to force the receiver to provide documents previously requested by the plaintiff? If yes, then you need to write a discovery request letter before you file a motion for discovery. The documents that are important for the lawsuit are presented before the […]
The following is a sample of a motion to dismiss. This one is asking the court to dismiss the case without prejudice for failure to comply with the state of Indiana’s court’s trial rule and to give the plaintiff 30 days to amend. The complaint requests that the case be dismissed with prejudice, if they […]
Answering a court summons is extremely important. Once a summons has been received, it should never be ignored no matter how daunting the task of dealing with the credit card lawsuit may be. If being sued by a junk debt buyer or collection agency, the consumer has a great chance of beating the creditor because […]
During the discovery process both the defendant and the plaintiff (creditor) will need to request documents from the opposing party for the case. The request for production of documents is the most common way of obtaining documents when dealing with a credit card lawsuit. With the advances made in technology the documents usually encompass electronic […]
The notice of appearance lets the court know that the defendant will be active in the credit card lawsuit, and he or she will appear in court. It helps the defendant gain the right to receive every single document, motion and order filed by the plaintiff and the court. The notice of appearance informs the […]
As the defendant, if you see that the collection agency or junk debt buyer has failed to comply with one of the trial rules, notify the court of their non-compliance by either putting that information in your answer or filing a motion to dismiss. Know the court rules for dismissal before attempting to file a […]
When facing a credit card lawsuit it is important to know what defenses are useful for your case. As you’re going up against collection agencies or the original creditor, you need to have a strong defense to use. Debt collectors are actively filing suits to collect debts, whether they are legitimate or not. According to […]
Suppose you receive a summons in the mail and fear the collection agency will freeze your bank account because of your debt lawsuit. There are junk debt buyers, collection agencies and unethical companies, that are out there trying to manipulate consumers and issue credit card lawsuits so that they can make money. When the person […]