Defenses for Credit Card Lawsuits
Posted on Aug 1, 2013 8:00am PDT by Law Office of Michael P. Forbes, PC
If you are becoming overburdened by your debt, you might find yourself
in a situation where you have to stop making payments on your credit card.
Unfortunately, this places you at risk of being sued by your credit card
companies. When this happens, the company can file a lawsuit against you
with details and evidence of the debt you owe and of your non-payment.
After this complaint is filed, you will have a certain amount of time
to enter a response. This is your opportunity to establish any defenses
you may have for challenging your credit card company's claims. There
are many people who do not even realize that they have grounds for challenging
their creditors—or, they simply do not know how to go about it.
By working with an attorney who is experienced in handling these types
of lawsuits, you can make sure that you are taking every opportunity to
protect yourself in a credit card debt lawsuit.
The types of defenses that debtors can use depend on their specific situations.
One of the most common defenses, however, is the fact that a credit card
company does not have the proper documentation to prove its claim. Does
the creditor actually have the original contract that shows you have a
relationship with the company, as well as documentation showing much you
owe? If not, then the creditor could lack the necessary grounds to file
a claim against you. Because debt often gets sold off to other companies,
you might find that you are being sued by a debt buying company that does
not even have the original documents related to your debt.
Another way you can potentially challenge a creditor's claim against
you is exposing any type of illegal practices the company made when trying
to get you to pay your debt. Creditor card companies and debt collectors
are prohibited from taking certain actions when trying to collect. These
prohibited actions out outlined under the
Fair Debt Collection Practices Act. For example, they cannot provide misleading information about who they
are or the actions that can be taken against the debtor if the money is
not paid. They also cannot harass the debtor, such as by making threats,
using profanity (or other abusive language) or causing a phone to ring
continuously so as to annoy the debtor. If such violations occurred, the
debtor may be able to file a lawsuit of his or her own against the credit
card company.
There are many technicalities that must be followed when a credit card
company sues a debtor. For example, the statute of limitations must not
have passed for making such a claim, the debtor must be properly served
with the legal action papers, and the creditor's paperwork must be
filed correctly and the in the appropriate timeframe. Any failure of the
creditor to carry out these actions as required can serve as a possible
defense for the debtor.
The
Law Office of Michael P. Forbes, PC has a highly skilled Philadelphia credit card lawsuit lawyer who can help
you understand and implement your best defenses in your case. Attorney
Michael P. Forbes has extensive experience defending individuals who have
been targeted or mistreated by debt collectors.
Contact the firm today so you can get the help you need!
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