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!