If you're delinquent on your credit card payments, the credit card company (or a debt collector) might sue you to recover the money you owe. Here are some situations when you might get sued for delinquent credit card debt, the steps in a lawsuit, and how to defend against a suit.
If you're delinquent on your credit card payments, the credit card company or a debt collector hired by the credit card company might sue you to recover the money you owe.
When you originally obtained the credit card, you signed an agreement electronically or in writing. This agreement defines your and the credit card company's rights and responsibilities.
Falling behind or failing to make payments on the credit card typically violates that agreement, and the credit card company may then sue you.
Before you get sued, credit card companies typically try to minimize their losses by selling the debt to a debt collector. That debt collector becomes the legal owner of the debt and possesses most of the same rights the original creditor possessed.
If you fail to settle the debt with the debt collector, it might be sold and resold again. Eventually, a collector will probably refer the debt to an attorney's office to initiate a lawsuit.
Once your debt reaches the debt collection law firm, the attorney will usually give you one last chance to settle the debt to avoid a lawsuit.
If attempts at settlement fail, the credit card company's attorney files a lawsuit. If you don't defend against the suit, you will automatically be held legally liable for the full amount stated in the lawsuit.
State law controls the procedures the credit card company must follow when filing a lawsuit against you.
The credit card company typically files a document (a "complaint") to begin a lawsuit against you. The complaint outlines how much you owe and why the credit card company thinks you owe it.
In the answer, you should admit or deny each statement in the credit card company's complaint or state that you don't have sufficient information to admit or deny a statement. When you deny the statements in the complaint, you're defending against those statements by arguing that they're not true. These denials are typically a question of whether something is factually true or not.
In addition to making denials, you should raise any affirmative defenses that your case merits. Include a section where you raise defenses to the complaint in your answer.
With an affirmative defense, you argue that even if everything the credit card company alleges against you is true, it should still lose the lawsuit. Here are some common affirmative defenses to credit card lawsuits:
Statute of limitations—the debt is too old for a lawsuit. The statute of limitations is an affirmative defense where you argue that the debt collector can't sue you because of the age of the debt. Each state defines how long a debt remains collectible, typically ranging from three to ten years.
Failure to State a Claim. Most states require credit companies or the debt collector collecting on the account to attach a complete set of documents to the complaint. These documents usually consist of the original contract and any document showing that the company suing you actually owns the debt. If the credit card company or debt collector doesn't attach these documents, you can argue that it failed to state a claim.
Invalid Service of the Complaint. Each state's laws describe how, when, and where a credit card company can give you notice of a lawsuit. Proper service usually occurs when the creditor's agent personally delivers to you a copy of the lawsuit or leaves it with someone, usually over the age of 15, at your residence. Examples of invalid service are when the credit card company simply leaves it with a neighbor or just drops it at your doorstep. If the credit card company notified you of the lawsuit in an improper manner, you may argue invalid service.
Filing discovery requests force the credit card company to share relevant information to your case. If you believe the credit card company possesses documents or other information that supports your arguments, file a request with the court. The request should specifically describe the items you seek and why you believe they're relevant to your case.
The outcome of your credit card lawsuit will likely necessitate further action on your part. Your understanding of those possible outcomes helps you to prepare for the worse.
The court rules in your favor. If the court rules in your favor, the credit card company loses and can't collect against you for the debt. You should consider requesting damages from the court against the credit card company to help pay your attorneys' fees.
The court dismisses the case. The court may dismiss the case for many reasons. This outcome might initially sound good. However, a dismissal typically still leaves open the possibility for the credit card company to re-file the lawsuit to correct any error that led to the dismissal. You should always ask the court to dismiss the case "with prejudice" to protect yourself from a future lawsuit.
The court rules in favor of the credit card company. If the court rules in favor of the credit card company, you now have a judgment against you for a specific dollar amount. The credit company will then ask the judge to allow them to collect on the judgment. Typical collection methods include but are not limited to, garnishing wages, placing liens on property, and seizing property.
If you need help responding to a lawsuit for nonpayment of a credit card debt, consider hiring a lawyer. But keep this in mind: If hiring a lawyer costs more than the creditor seeks in the lawsuit, it might not make sense to seek attorney assistance.
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