What To Expect On Your Court Date When Being Sued by Your Credit Card Company

What To Expect On Your Court Date When Being Sued by Your Credit Card Company

It’s a nerve-wracking experience when you are being sued by your credit card company and you have no idea where to start. In this article, we will discuss exactly what you can expect to happen on your court date when being sued by a credit card company:

Search For The Courtroom

You will be notified by the court about the courthouse address including the number of courtrooms and the time of your court appearance. Because the court is very crowded in the morning, it’s best to come early. You will wait in line to pass through metal detectors. Don’t expect your appearance to be a quick visit because you might be spending your entire morning in the courthouse, waiting for your case to be called.

Each courtroom has a bulletin board beside the door; they provide a list of cases, which will be heard that day. Simply search for your name on the bulletin board and write down your case number. Enter the courtroom until the clerk begins the calendar call.

Listen to The Calendar Call

The calendar calls refers to the explanation of the court rules and the reading of cases to verify that the parties are present. The cases will be read at the same order as it appears on the bulletin board. If you heard your name, respond as directed and speak loudly. When the clerk says “marked as ready”, you may take a seat and wait until the case is heard, which will occur after the calendar call.

Negotiation with Creditor’s Attorney

Form the courtroom, several attorneys are present as well, they represent various creditors and the names of defendants will be called out. At some point, the plaintiff in your case will call out your name and you will be asked to step outside the court. This is the last time you can negotiate with your creditor through their plaintiff. However, do note that they are not there to be on your side no matter how nice they seem to be. Their job is to get the debt paid. The plaintiff will ask you if you want to settle the credit card lawsuit out of court. If you want to settle the debt, always make sure you get everything in writing and better yet, consult an attorney. If you decided to not settle, make sure you stick by your decision and not let the plaintiff pressure you into paying more than you can afford to pay.

Face the Judge

If you decided to settle the credit card debt with the plaintiff, the case will either be discontinued or adjourned. However, if you and the plaintiff decided to go ahead with the credit card lawsuit, you will see the judge. Once you see the judge, your defenses will be heard and your reason for not settling the debt. Note that you should make the same points to the judge as the ones you made to the attorney. If you have grounds for case dismissal, like if the summons was not handed down to you properly or if the plaintiff do not have sufficient evidence against you, now is the time to tell the judge.

Always be respectful, tactful and honest. The judge will base his or her decision based on your action and story. If things don’t add up, there’s little chance of getting a favorable decision. Once the judge is done speaking to both parties, the case will be adjourned to another day and on the next court date, your creditor’s attorney has to provide evidence that will pin the credit card debt to you.

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