Credit Card Debt Lawsuit: Don’t Worry, Take Action

Credit Card Debt Lawsuit: Don’t Worry, Take Action

Many people who owe thousands of dollars in credit card debt are just silently waiting to receive a court summons. However, the likelihood of getting served for CC debts is very low. In addition, you can prevent things from getting worse by simply picking up that phone and discussing a solution with your creditor.

On the other hand, if in case you got served, you have to be mentally prepared to respond to the court summons, regardless whether or not you really owe the debt being collected. The important thing to keep in mind is that all debt collectors and collection attorneys have one weakness, and that weakness is they can’t document all credit card debt properly.

You can take advantage of this weakness by demanding documents that supports their claim, in detail. This means requesting a debt validation letter, which is within the confines of the Fair Debt Collection Practices Act. For better impact, request that the letter be sent via certified mail return receipt. In most cases, demanding in depth accounts of the debt in question will have your debt collector moving to the next uninformed debtor.

The fact is, creditors usually send a large number of court summonses because they expect their customers to not respond to the summons thereby being awarded with a default judgment. According to the Journal, part of this strategy is to drop the lawsuit if debtors answer the summons.

This is the reason why you need to respond to a court summons as soon as you received one. If the collection attorney cannot fully prepare a documented proof of the debt including proof of contract, an accounting of the alleged debt and proof that the junk debt buyer’s ownership of the debt, they will not be able to come after you, much more get a default judgment.

To learn how to answer a summons correctly and discover valuable information on how to manage your case, click here.

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