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Facts To Consider When Dealing With Credit Card La...

Thousands of people across the country are facing credit card lawsuit for unpaid debts that this actually turned into a billion dollar business for junk debt buyers, who make a living by purchasing old, credit card accounts for pennies on the dollar. In a somewhat twisted way, opportunist are actually benefiting from hapless debtors who are struggling to make ends meet as it is. Junk debt buyers have a reputation for applying...

Facing a Credit Card Lawsuit? Don’t Panic Just Yet...

For many debtors who are facing credit card lawsuit, their worst fear is getting a default judgment and paying everything from the debt down to the creditors’ legal expenses. Being sued is overwhelming but it does not mean you should just give in to your emotions and start panicking. Don’t. Instead of panicking, you should look for ways to defend yourself in court. The good news is, your creditor or their representative,...

Do’s and Don’ts: Dealing With Junk Debt Agent

Dealing with aggressive debt agents is tricky. However, it is important to keep a few things in check when you talk to talk to an agent. In this post, we will discuss do’s and don’ts to keep in mind when dealing with a junk debt buyer: Don’t Divulge Personal Details Whether it’s your address or where you live, do not, under any circumstances, tell a debt collector where you live or how to contact you! Debt collectors...

Debt Collectors Harassing Over Phantom Debts

Even at the best of times, junk debt buyers and debt collectors have no evidence to prove a debt’s ownership. However, this does not stop them from badgering delinquent debtors to the point of harassing them to collect the money. In fact, according to the Star Tribune, debt collectors and junk debt buyers do go after delinquent debtors with nothing more than old statements and even bogus proof to scare debtors into...

Credit Card Lawsuit: What To Do When Sued By Your ...

When debtors are served with a summons for unpaid credit card debt, most are left to wonder whether filing for bankruptcy will help their cause. However, before you go and file for bankruptcy to avoid the lawsuit, remember that the burden of proof rests with your creditor. This means that as a plaintiff, the creditors are obligated to prove that the debtors owe the debts in question before pursuing the credit card...

Credit Card Lawsuit: How To Defeat Summary Judgmen...

Essentially, Summary judgment will be ruled if the facts presented during the course of the credit card lawsuit proceedings are undisputed, and accurate. Many credit card companies who are pressing charges against delinquent debtors are hoping for a summary judgment because it’s basically a quick way to get the money they wanted with very little cost. On the other hand, if the debtor fights against and actually defeated...

Credit Card Lawsuit Info

If you are neck deep in credit card debt and you got abusive collectors knocking on your door, there’s no better way to solve your financial problems than to instigate a negotiation rather than deal with a credit card lawsuit. However, if your creditor pressed charges already, then you have two choices, ignore the summons and wait until the court rules a default judgment against you (where you are likely to pay off the...

Credit Card Lawsuit Defense: Facts About proof of ...

Many delinquent debtors who are currently facing credit card lawsuit might come across the term “judgment proof”. What is it and how do you know if you are judgment proof? Being judgment proof either refers to debtors who do not own any assets which could be attached or seize by creditors to satisfy a debt. If your creditor files a credit card lawsuit against you and they won the case, they do not automatically get the...

Credit Card Lawsuit: Collection Agencies Modus Ope...

The number of people who are faced with credit card lawsuit is in all time high simply because it’s big business as far as collection agencies and junk debt buyers are concerned. These days, buying and selling charged off account is a billion dollar industry where junk debt buyers and collection agencies pay pennies on the dollar. Imagine how much they stand to profit from a single account. Once a debtor defaults on...

Avoiding Credit Card Lawsuit Through Effective Neg...

Is your card company threatening to press charges for your unpaid balance? If the answer is yes, it’s never too late to turn things around and avoid the credit card lawsuit completely. It all starts with opening up the communication lines and striking a great deal that will benefit both parties. Note that there are certain risks that come when dealing with credit card companies, particularly junk debt buyers who will use a...

Credit Card Information: Tips and Tricks to Stop C...

If you are hounded by your creditor for unpaid balance through a series of threatening phone calls or by dropping by your house to talk to your friends and neighbors in a bid to embarrass you into paying the debt, know that you can put a stop on these dirty tricks. Unfortunately, not a lot of debtors are aware of what their debtors can and what they cannot do in order to collect the debt. If your creditor is harassing you,...

Asking The Right Questions: When Being Sued by a C...

With the right information, more and more debtors are learning what they can do in order to defend themselves against abusive collection agencies when being sued by their credit card company. Many debtors even go as far as to record collection calls in a bid to entrap collectors and trick them into violating the Fair Debt Collection Practices Act. If you are receiving a series of collection calls from a debt collector and you...

Credit Card Lawsuit- Dunning Letters’ False Statem...

Facing a credit card lawsuit is not only expensive; many are often intimidated with the idea of going head to head with a certain credit card company. The bad news is, many collection companies, junk debt buyers or creditors tend to say a lot of ridiculous things just to collect a debt.  In one case, a woman who was having problems paying for her daughter’s funeral, was threatened by the collection company to “exhume”...

Credit Card Lawsuit Info: Types of Debt Contracts

Just when you thought that unpaid credit card balance is left forgotten by your creditor, you are handed a summons and complaint by a junk debt buyer or a debt collection agency. If you are possibly facing a lawsuit and you are unsure what or how you can defend yourself against the charges, it’s best to check your state’s statute of limitations. The statute of limitations refers to the period in which a debt collector can...

Debt Collection Laws: Getting A Cease and Desist L...

Harassed by your debt collector? If you have been getting a series of phone calls in your home or to the office or your friends, neighbors, relatives or even your employer were approached by a debt collector in a bid to embarrass you into paying the debt, it might be the time to consider checking debt collection laws in your area. One of the most important thing to keep in  mind when being harassed by debt collectors is the...

Sued By A Credit Card Company: Hunted By Debt Coll...

Junk debt buyers and collection agencies are notorious when it comes to the strategies they use in order to collect money. However, they seemed to step up their game by using social networking websites like Facebook and Twitter to track down and embarrass delinquent debtors to pay up lest they get sued by the credit card company. Unfortunately, social networking websites work great for many collection companies because they...

Of Divorce and Credit Card Debt

In most divorces, the ex spouses will share the responsibility of paying for some or all credit card debts, mostly from joint credit cards. However, because a divorce decree does not bind creditors, they can collect credit card debt from either account holders. As such, the party who agrees to shoulder the credit card debt will have a difficult time paying off the debts and regardless what the divorce decree indicate, both...

Credit Card Lawsuit: Facts About Wage Garnishment

Wage garnishment refers to a legal decree obtained by a creditor, for withholding certain amount from the disposable income of a debtor, who is unable to pay off his debts. The deducted amount is used to pay the amount that an individual owes his creditors. Disposable income is the amount left after subtracting income tax from one’s gross income. Garnishing wages is an effective tool that allows a creditor to claim the...

Credit Card Lawsuit: Negotiating Settlement The Ri...

In most cases, a large majority of civil lawsuits are caused by negotiation breakdown. The fact is, one of the best ways to avoid a credit card lawsuit altogether is to sit down and resolve the dispute with the creditor. If things go well, you might get exactly what you want without litigation. You can always take the dispute to the next level if things are not favorable. Either way, there’s no harm in open communication...

Credit Card Lawsuit Defense: Fair Debt Collection ...

Credit debt collectors are known to do or say just about everything just to get their money. As such, many delinquent debtors have no peace of mind because they either fear that their bank accounts will be emptied by their creditors or worry about what their families and friends have to say once the collection agent reached them. Here’s the fact, you can put a stop to all these harassment once and for all. There are legal...

Credit Card Lawsuit: Getting a Judgment Against Yo...

If you are sued for unpaid credit card debt and you somehow lost the case, what are the things you need to do in order to pay the debt in question? The obvious answer is pay the judgment owner but what if you can’t afford to pay it all? Apart from paying the due amount, you also need to know what state the judgment is lodged in, who the creditor is, what the creditor’s attitude is and what assets you have. One of the most...

Credit Card Lawsuit Info: Settlement Negotiation W...

Leaving your old credit card debt unpaid for months could easily turn into a lawsuit. Thousands of people across the country are embroiled in credit card lawsuit and if you do not want to be a part of a growing statistic, you need to learn what you can do to avoid the case from reaching the court. The fact is, taking the credit card lawsuit to court is costly for both parties and often, creditors are willing to work out a...

Increasing Numbers of Debtors Getting Court Summon...

The recent economic slump brought more problems to average citizens who work hard but still are neck deep in credit card debt. This increased the number of debtors who default on payments and eventually, get court summons for credit card debt. The fact is, these court summons for credit card debt are no longer sent out by the original creditor, rather, they are sent by third party junk debt buyers who purchased old, charged...

Sued By Credit Card Company Without Due Notificati...

It’s very rare for debtors to getting a default judgment ruled against them without due notification. However, it does happen. Some debtors have no idea that their credit card company pressed charges against them simply because they were never notified about the court date! If such is the case, the next best thing to do is to file a motion to vacate rather than send a request for debt validation. The motion to vacate is the...

Four Common Credit Card Lawsuit Defenses

What is a credit card lawsuit defense? A defense is a ground for the plaintiff to not win the credit card lawsuit. This reason could either be 1) the plaintiff failed to prove that the disputed debt is yours or 2) you do not own the debt. If one of your defenses holds weight in court, the plaintiff loses the case. Below are four of the most common credit card lawsuit defenses: Credit card lawsuit defense 1: Improper Serving...

Credit Card Lawsuit: Should You Record Collection ...

Collection agencies and junk debt buyers are notorious for their questionable collection practices that include threatening phone calls as well as contacting people close to the debtor in a bid to humiliate them into paying the debt. These practices are largely unnoticed because many delinquent debtors are too scared to come forward. The most common collection efforts junk debt buyers apply is barraging the debtor with...

Common Affirmative Credit Card Lawsuit Defense

Are you facing a possible credit card lawsuit? If the answer is yes, it is important to determine what useful credit card lawsuit defense you can use against your creditor’s complaints. This article list down some of the most common affirmative credit card lawsuit defenses you can use to prevent the plaintiff from winning the case. However, do note that this is merely a partial list as there could be endless affirmative...

Credit Card Lawsuit Information: Facts About Burde...

If you are facing a credit card lawsuit for unpaid balance, and you decided to represent yourself Pro Se, you need to learn how you can build your own case. In most cases, the plaintiff will be required by the judge to provide evidence that could pin the debt’s ownership to you. This is called the burden of proof, which will help the plaintiff support his legal claim. In any credit card lawsuits, the plaintiff always has...

What To Expect On Your Court Date When Being Sued ...

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...

Why they Won’t Win: Credit Card Lawsuit From Junk ...

If a junk debt buyer or collection sues you agency for allegedly owning several thousands of dollars in credit card debt, there’s a good chance that the case won’t make it to court. Why? Because junk debt buyers or collection agencies have to prove the debt is yours and without proper documentations that they don’t have access to, they can’t. Collection agencies or junk debt buyers are third party companies that...

The Worst Defense Against Credit Card Lawsuit

In most cases, debtors who are defending themselves in court have no idea if a certain defense against credit card lawsuit will work in his favor or against it. You’d be surprised at some of the defenses that these debtors think will help their case when in fact, they tend to backfire on them. In this article, we will discuss some of the worst defense against credit card lawsuit often used in credit card debt trials. “I...

Summary Judgment: Defense Against Credit Card Laws...

If you are facing a lawsuit from unpaid credit card debts, then you need to learn more about defense against credit card lawsuit. It’s important to check your own court rules to determine what defense against credit card lawsuit you can use against the opposing attorney. For example, in the middle of the proceeding, you are likely to receive a Motion for Summary Judgment from the plaintiff. The Motion for Summary Judgment...

Sued By Credit Card Company: What Your Creditor Wo...

It might be scary to think about going head to head with your creditor when you are sued by credit card but the fact is, collection attorneys and junk debt buyers can’t really afford to litigate. Of course, they won’t tell you this. They will subject you to a series of phone calls, hound your friends, neighbors and in some cases, your employer, to get you to pay for the money you allegedly owe. But that’s basically all...

Sued by Credit Card Company: Shooting for Debt Set...

Thousands of Americans are being sued by credit card company because of unpaid debts. In fact, almost 50% of Americans owe an excess of $10,000 in credit cards. No wonder, more and more people are looking for ways to settle the debt rather by be sued by credit card company. If you are sued by credit card company and you see a window of opportunity to settle the debt out of court, do so. Most creditors would rather settle out...

Mistakes to Avoid When Being Sued by Credit Card C...

If you are one of the thousands of debtors being sued by credit card company for unpaid debts, it’s important to remember what you should NOT do when you are dealing with your creditor in court. In this article, we will discuss some of the most common mistakes debtors make when being sued by credit card company: Ignoring The Summons Ignoring your problems won’t make them go away and ignoring court-ordered notices will...

How to Beat a Credit Card Lawsuit

Learning how to beat a credit card lawsuit starts with extensive researching. The fact is, just because a creditor filed a lawsuit against you does not necessarily mean they can prove their case. You can raise various defenses against junk debt buyers or collection agents but it should only be raised through the court system. Creating your Answer to the summons and complaints is the first step on how to beat a credit card...

Got Served a Summons for Credit Card Debt? Don’t C...

Receiving a summons for credit card debt is definitely a stressful situation and often times; it leaves debtors in confusion as to what steps they need to take to resolve the problem. Unfortunately, many will try to contact the collection agent or collection attorney and try to work out a payment plan or a settlement agreement. This is wrong; you should never call the collection agent once you receive the summons for credit...

Fighting Credit Card Lawsuit, Winning Your Case

Facing a credit card lawsuit? You are not alone. Thousands of credit card lawsuits are filed and set out on a daily basis by junk debt buyers and collection agencies in hopes of getting more from charged off accounts they purchases pennies on the dollar on. The good news is, a credit card lawsuit is easier to beat than you think. It’s just a matter of setting aside your fears and knowing what steps you need to take in order...

Defense Against Credit Card Lawsuit: Fighting Evid...

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...

Debt Collection Laws: The Hearsay Evidence Rule

Junk debt buyers or collection bureaus will have a hard time pinning a certain debt to a delinquent credit card account owner simply because they do not have access to documents that are vital to the case, like the original signed agreement. Instead, they rely on a debtor’s ignorance of debt collection laws and get a default judgment that allows them to legally access a debtor’s bank employment and personal information....

Debt Collection Laws: Statue of Limitations Explai...

Many debtors facing credit card debt lawsuits are largely unfamiliar with debt collection laws in their state, which is unfortunate since one can build his or her defense and quite possibly, win the lawsuit if he or she takes time to review their states’ local debt collection laws. One such debt collection laws include the Statute of Limitations. Statute of limitations refers to the period where a debtor cannot be sued for...

Debt Collection Laws: Re-Aged Credit Card Debts

Sued by your credit card company for unpaid debt? Whether or not you choose to hire a lawyer to represent you in court, you need to familiarize yourself with debt collection laws in your state. One such debt collection laws to check out is the statute of limitations on debt. You will need to get your credit reports from all three credit reporting bureaus because your credit report will state the DOLA or date of last payment....

Credit Card Lawsuit Tips

Filing a credit card lawsuit is expensive for both parties, despite what your creditor might tell you and as much as possible, they do not want the case to go all the way to court. The reason for this is that pursuing a credit card lawsuit means getting less of the initial amount of the loan. For this reason, many creditors will not press charges against debtors who owe them very little. In this article, we will discuss...

Credit Card Lawsuit Info: More on Statute of Limit...

Facing a credit card lawsuit for defaulting on your account? It’s understandable that getting served for unpaid credit card debt is a cause for panic but now is not the time. Set aside your fear and confusion and take action. Start with determining whether the debt claim against you is time barred by the statute of limitations. You need to determine what federal or state law applies in your area. Because there is no federal...

Credit Card Lawsuit: Do Junk Debt Buyers Have Auth...

Credit card debt in the US and Canada has reached the $110 in 2006, leaving thousands of delinquent debtors to deal with credit card lawsuit from their respective creditors. Now, for many debtors who are being sued by junk debt buyers, you are lucky. Generally, junk debt buyers do not posses the necessary documents needed to prove that the delinquent debtor who is the subject of the credit card lawsuit owns a certain account....

Avoiding Credit Card Lawsuit with Debt Negotiation...

If your creditor is on the verge of filing a credit card lawsuit against you and you do not want to take the case all the way to court, you can save yourself and the other party all the trouble by simply negotiating debt settlement. Debt negotiation is one of the easiest way to get out of debt. However, there are also certain risks involved when negotiating with creditors and these risks will only lead to more problems if you...

Credit Card Lawsuit: To Dismiss With or Without Pr...

If say, the plaintiff failed to comply with a certain court rule, what happens? What step should you take to let the credit card lawsuit progress? The next step is to file a Motion to Dismiss against the creditor for not complying with court rules. When involved in a credit card lawsuit and you file your first Motion to Dismiss against the creditor for failure to comply with a court rule note that plaintiff is given at least...

Credit Card Lawsuit Defense: Fight For Your Rights...

Hounded by junk debt buyer for old, unpaid credit card debts? If you got served and possibly facing a lawsuit in a few weeks, you need to know all the right credit card lawsuit defense you can use in order to win your case otherwise, you stand to pay not only for the alleged debt but also the junk debt buyer’s legal fees! Now, a great credit card lawsuit defense can be used by simply checking the Statute of Limitation to...

How to Fight a Credit Card Lawsuit: Responding to ...

If you are one of the thousands Americans who are facing potential lawsuits from creditors, don’t be a sitting duck and learn how to fight a credit card lawsuit the right way. The fact is, many creditors expect their customers to not know any better. If you know how to fight a credit card lawsuit and you show them that you will not take the lawsuit sitting down, you just might have the lawsuit dropped in an instant. On the...

Sued By Credit Card Company: Answering and Sending...

Sued by your credit card company? This can be quite a trying experience but it’s not the best time to panic. It’s important to create your own Answer as well as send your Request for Admissions to the plaintiff once you received a summons. Here’s how to do it: When sued by credit card company, it’s best to start crafting your Answers and Request for Admissions. Request for Admissions is essentially written statements,...