There are lots of lies and false beliefs floating around the Internet about dealing with debt and credit card lawsuits. It is not just the Internet where false information is being spread either. There have always been many myths surrounding debt and debt collection so it’s all too easy to be mislead and confused. Unless a person sits down to do their own research or hires an attorney to take care of their debt lawsuit for them, they will continue to be ignorant to a number of things regarding debt litigation.

We would like to address some of the popular myths surrounding credit card debt, and make sure that the consumer is clear on the facts before taking on their own case. While there are many myths about debt collection and ignoring a court summons, the following are are some of the most notable:

Myth: If I owe debt, I will lose my debt lawsuit.

FACT: Everything regarding this debt must be proved by the creditor. If the creditor/plaintiff fails to provide evidence that proves that you owe the debt, you can win the case.

Myth: If I ignore my court summons the debt lawsuit will go away.

FACT: By ignoring the summons you automatically lose the case. You can’t ignore the summons or respond late because if you do, the creditor wins the case by default judgment.

Myth: There’s no way I will win my credit card lawsuit without an attorney.

FACT: Defending yourself in court against debt collectors and creditors isn’t as hard as you think. People do it all the time and win their cases. Creditors want people to assume they cannot defend themselves and give up. That makes it easier to win. Oftentimes, it is just a matter of proving that the plaintiff does not have the required evidence to win the case. If more people were confident enough and knew how to get around these third party collector’s tactics, they would probably fight for themselves in court as well. There are also samples that have been used to help win debt lawsuits available on this website.

Myth: There’s no need to worry if I have never heard of the company suing me.

FACT: Third party collectors and debt buyers buy defaulted debts from credit card companies and file lawsuits in order to collect the money, interest, court costs and legal fees. This is very legal, but you just need them to prove that the debt belongs to you, and they usually don’t have all of the information required.

Myth: The creditor must personally deliver the summons in order to take the debt lawsuit ahead.

FACT: The creditor is required to do no such thing. A creditor can simply tape the papers to your front door or serve a third party at your residence.

Myth: The judge will help me out and even set up a repayment plan for me.

FACT: It is not the duty of the judge to arrange a repayment plan. The judge is there to determine whether you owe the debt or not based on the evidence provided. That is his only job. Paying back debt and arranging a plan is the defendant’s responsibility, not the judge’s.

Myth: I can just show up in court on the “answer date”.

FACT: The “answer date” is the final day you are allowed to file an answer. It is not a hearing date.

Myth: I can explain to the judge why I didn’t pay off the debt.

FACT: The worst thing a defendant can do when fighting a credit card lawsuit is to admit to having debt. By stating to the judge why the debt was not paid off you are admitting that you acquired the debt. By doing this you are basically handing the case over to the creditor. The plaintiff will definitely win if you say state such a thing.

Myth: I don’t stand a chance against big companies like Capital One, Midland Funding, and LVNV.

FACT:Don’t be intimidated by large well-known collection companies. They make mistakes in court too, and have been defeated by consumers who defended themselves on debt lawsuits.

Forget about the myths surrounding debt collection before you lose money or lose your case. Don’t ignore the credit card summons when it comes, and don’t give up before the process has even begun. Whenever being sued by a credit card company, respond to the summons! Take everything one step at a time, and do your homework. There is enough information available here to get you started on defeating those junk debt buyers and debt collectors in court over money that you may not even owe.

Additional Reading

• Understanding Fair Debt Collection Practices Act
• How To Beat Credit Card Debt Lawsuit

Tags: credit card lawsuit myths, myths about debt lawsuits