Are you being sued by a credit card company for incurring too much debt? I understand that facing a lawsuit can be an overwhelming experience, which is why I want to help you understand your rights under the law. In this blog, I discuss possible defenses that can be used to defend against a credit card debt lawsuit.
Challenging the Summons & Complaint
There are specific requirements that must be met when delivering the summons and complaint for a lawsuit. A credit card lawsuit attorney in Philadelphia can determine if your summons and complaint were processed in accordance with the laws in your state. If the creditor failed to correctly serve you with notice of the lawsuit, you can argue that they strayed from protocol when you respond to the complaint.
Fair Debt Collection Practices Act
Under the FDCPA, debt collectors must abide by strict guidelines that govern the types of actions they can take to collect debts from consumers. Anyone who communicates with you to collect your debt on behalf of the credit card company is considered a debt collector under this act. Debt collectors must also provide you with proof of your debt and must cease their attempts to collect the debt until they can validate that you owe them. If you can prove your debt collectors violated provisions of the FDCPA, you will be able to recover damages for each violation that occurred.
Statute of Limitations
Creditors must file a lawsuit within a certain period of time. For most states, the statute of limitations for credit card debt is usually 3 to 6 years. The time frame starts from the date of the last payment made on your account. It is illegal for a debt collector to threaten to file a lawsuit for a debt that exceeds the statute of limitations.
If your case involves identity theft, a stolen card, or a wrongly processed purchase, you can claim that the debt you are being sued for is fraudulent. However, don’t wait until you are served with a summons to use this defense, immediately speak to the credit card company and make a police report for any fraudulent or suspicious activity you notice on your account. Taking these steps will ensure you have evidence to support your claim if the credit card company does not remove the questionable action from your account.
Get Help From Our Legal Team
At The Law Office of Michael P. Forbes, my legal team is committed to helping clients resolve their credit card debt lawsuits. I have handled countless cases involving debt collectors and I know which legal strategies produce the best results. Let me review your case today to help you get started building your defense.