cat-right

Credit Card Lawsuit: Facts About Bank Account Garn...

It’s one of the worst nightmares you could ever have, a court granting your creditor the right to garnish your savings directly from your bank account to pay off a long forgotten debt. Unfortunately, bank garnishment is just one of the many ways creditors and collection companies have against delinquent debtors. The fact is, creditors have every right to file a credit card lawsuit for old debts and if deemed fit, the...

Credit Reporting Rights: How To Improve Your Credi...

It’s not uncommon for some people to check their credit report only to discover certain listings that they have no knowledge about at all. Unfortunately, these listings could cause negative impact on the credit score, which eventually leads to being unable to secure a larger loan (mortgage or car loans). If you are positive that error has been made or someone stole your identity and made these purchases without your...

Credit Card Debt Basics: On Debt Responsibility

It’s not surprising that many debt collection companies will try to take advantage of grieving families to cash in on a deceased’s account. In fact, some do call up a grieving family member and would try to use the deceased’s name to make their kin pay for the outstanding balance. Under the FDCPA, debt collectors are not allowed to use deceitful collection efforts to satisfy a debt. Unless, you are the debt’s...

Credit Card Debt Basics- On Debt Responsibility II

Receiving a call for a deceased family member’s unpaid balance does throw someone off the loop. The first thing that comes to mind when receiving a debt claim after recently losing a family member is if you are really responsible for it or not. We’ve compiled tips on how you can resolve the issue: Know The Rules Each state has its own rules and guidelines when it comes to resolving debt claims therefore, you need to...

What To Do Next When You Got a Collection Letter i...

With the unstable economy and an unsure future of most businesses, the last thing you need is a credit card debt collection letter landing in your mail. Unfortunately, this happens to hundreds of people across the country. It’s their reality. If such is the case, don’t panic. There are steps you can state in order to address the issue and even stop your debt collector from filing a credit card lawsuit. Immediate Respond...

Avoiding a Credit Card Lawsuit: Negotiating With a...

With the looming economy, inflation and hundreds of people dealing with various financial problems, it’s not surprising that many are also facing credit card lawsuit for unpaid debt. The good news is, there is a way to avoid such problems, like meeting up with your creditor and striking a deal. However, these agreements do not always result in favorable repayment option for debtors. If you want to negotiate with your...

When Is The Right Time To Press Charges Against Ca...

Debt collectors and junk debt buyers are infamous for their aggressive, abusive, and inappropriate collection efforts. While some debt collectors abide by the law, others are just plain stubborn, applying illegal collection practices and sometimes, even crossing the line. If you got unpaid debts and your creditor or the junk debt buyer is threatening to file a credit card lawsuit, it’s never a good idea to take the...

Illegal Collection Practices By Collectors

Junk debt buyers and collection agencies are infamous for their collection strategies that range from threatening phone calls to actual credit card lawsuit. Threats of wage garnishment, property liens and fraud charges are also very common. Some collectors go as far as contact the people around the debtor, including employers, friends, and relatives, in a bid to shame the debtor into paying. With all these aggressive...

Statute of Limitations: Defense Against Credit Car...

The most effective defense against credit card lawsuit is also one of the most confusing. The Statute of Limitation or SOL refers to a period in which a bank or credit company may go after a delinquent debtor. One of the most confusing issues with regards to SOL is which SOL will apply, will it apply to state from which the card company is based or the location of the debtor? Another notable issue is what SOL will apply for...

Robo-Signing: Inaccuracies in Credit Card Lawsuits

Over the last couple of years, an issue with mortgage industry’s robo-signing has been a subject of controversy. Robo-signing refers to documents against homeowners whose homes are about to be foreclosed, which were allegedly reviewed by are in fact, inaccurate. Instead of presenting the right information or correcting errors, someone will sign the declarations and affidavits and disperse them to the recipients. One notable...

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,...

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,...

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 Information: Misinformation Ab...

Facing a possible credit card lawsuit? There is a way to prevent the case from going all the way to the court. Settling the case out of court not only help save money on both parties, it will make the situation less complicated as well. However, because there are many misinformations about settling debts out of court, we set the facts straight on some of these myths: Myth: Debt settlement companies should be trusted. While...

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...

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 Defense: Facts About Collectio...

The Fair Credit And Fair Debt Collection Practices Act provide protection against abusive debt collectors against dirty collection tactics including outright threats, intimidation, incessant phone calls, and other techniques formerly used to collect a debt. With this act, mean-spirited debt collectors can now be held responsible for their nasty collection efforts. One example is the usual practice of debt collectors of asking...

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...

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...

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...

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...

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...

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,...

Credit Card Lawsuit: Knowing The Two Kinds of Plai...

When it comes to a credit card lawsuit, the plaintiff could either be the original credit card company, a junk debt buyer or a collection agency. Many debtors tend to panic when they are handed with a summons from unpaid CC balance because going head to head with a creditor in court is really a challenging situation to be in. However, the key to beating any type of plaintiffs is to craft the correct Answer to the...

Credit Card Lawsuit Basic Information: Explaining ...

If a credit card company, junk debt buyer or collection agency files a lawsuit against a delinquent debtor; he or she will be served with a court-ordered summons and Complaint, to which all allegations are listed. If you are served with a summons, then you are considered as the defendant in the credit card lawsuit. It is important to check the summons, as well as your local court rules to determine how much time you have...

Credit Card Lawsuit: Dealing with Junk Debt Buyer’...

During the discovery phase of a credit card lawsuit, you are bound to receive a series of questions you need to answer, including Request for Admissions, a set of statements that the plaintiff will ask you to either Admit or Deny. Just like Interrogatories and Request for Documents, you are given a certain amount of time to answer them otherwise; your creditor will win the credit card lawsuit by default judgment so make sure...

Credit Card Lawsuit Information: Explaining The Pl...

If you are facing a credit card lawsuit for the first time, chances are, you have very little to go on in terms of defending yourself. In this article, we will discuss basic credit card lawsuit information, getting to know the plaintiff. Now, if you got served a summons by the court, you need to read the Complaint and the summons thoroughly because they contain all the answers you need to know about how you can answer the...

How to Fight Credit Card Lawsuit: Filing an Answer...

One of the first things you need to learn is to how to fight credit card lawsuit if you are representing yourself rather than hiring a lawyer. It all starts with filing an Answer to the credit card lawsuit. Unfortunately, not a lot of debtors know how to fight credit card lawsuit or are too afraid to step up and fight for what’s theirs. Most courts will assume that defendants will hire their own lawyers. On the other hand,...

What To Do When Being Sued by Credit Card Company

Sued by creditors or debt collection agencies for unpaid credit card debts? You are not alone. Understandably, not what to do when being sued by credit card company is a nerve-wracking experience. I know because I’ve been there. And I won my case against my creditor. It all boils down to learning how to respond to a summons correctly and knowing to do this within the given period of time. For most debtors who do not know...

How to Fight a Credit Card Lawsuit: Request to Adm...

Learning how to fight a credit card lawsuit starts with arming yourself with as much information as you can particularly when the plaintiff will file a Request to Admit facts. Remember, just like creating your Answer, you are only given by the court a limited time to answer any questions from the plaintiff and if you did not answer on time, you could lose your case. If you want to learn how to fight a credit card lawsuit, it...

Tips on how To Avoid Credit Card Debt Lawsuits

In most cases, lawsuits related to credit card debt are carried on because debtors gave away an opportunity for debt collectors to go after them. The fact is, collection attorneys and creditors expect easy victory by being awarded default judgments because they assume all debtors do not know their rights or exhibit weaknesses. They really don’t want to go through the whole sordid affair of filing a lawsuit and heading to...