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Defense Against Credit Card Lawsuit: Fighting Evidence From The Collection Agency

Defense Against Credit Card Lawsuit: Fighting Evidence From The Collection Agency

It’s important to work out your defense against credit card lawsuit because the plaintiff will do what it can to prove that you are the owner of the debt in question and will make you pay for every penny, including their own legal cost!

During the trial, the plaintiff will try to collect as much evidence as they could to pin the debt to you. They cannot get a default judgment if they were not able to gather enough admissible evidence to prove ownership of the debt. They will try to get at least one person to testify that you own the dent under oath. The witness will be subjected to cross-examination.

Usually in during the credit card debt lawsuit, witnesses can only testify about certain matters that they know personally, and not give information they obtain through hearsay. However, there is an exception to the hearsay rule.  An exception may be ruled is allowed for business records admitted into evidence in certain circumstances in California. There are certain criteria to be met in order for a business record to be admitted in court. You need to check with your local court to determine what the exemptions are for the hearsay rule.

Most often, creditors will fight off your own defense against credit card lawsuit by presenting evidence in the form of statements but may not have witnesses who can testify how such records were made. In some cases, the creditor will not produce any documents that would pin the debt to the defendant. If the credit card lawsuit ever goes to trial, there is very slim chance that they will win due to lack of evidence. You can build your own defense against credit card lawsuit around this weakness and demand that the debt be validated. Chances are, they do not have the necessary documents to prove their claim.

Find out more defense against credit card lawsuit tips and strategies by clicking here.

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