Have you received a legal notice from a creditor about any outstanding debt? When a credit card debt collector files a lawsuit, you are legitimately on notice. And if the verdict is not in your favor, there can be several serious repercussions of this such as asset repossession, wage garnishment, and the liability for the full balance in query. So, the best course in this situation is nothing but to fight it.
However, before you embark on fighting against the collection agency lawsuits, you must gather complete knowledge about these kinds of cases. Apart from your lawyer, you can gain such information from various informational websites and blogs too, which have relevant articles on credit card lawsuits and debt litigation cases. Here, we have put together a few steps by which you can win a credit card lawsuit. Note them down now.
1. Answer your Summons: First of all, it is extremely crucial to know how to answer a summons and then appear in the court. You must remember that the proof of the fact that you owe the debt lies with the creditor, and most of the times, they do not have this proof. Now, when you appear in the court and the creditor will lack the proof, there are high chances of you winning the case.
2. Check the Copyright Date: You should not forget to check the copyright date on the agreement attached to the complaint. Generally, it will be dated after the date you incurred the debt. If you can successfully use a motion to strike the credit card agreement from the complaint, it can make it difficult to prove your debt.
3. Look for Loopholes apart from the Complaint: In most of the cases, the original creditor with whom the defendant signs the agreement is not the one suing him or her in the court. Often, the agreement signed with the defendant allows the original creditor to assign this debt to a 3rd party, which this plaintiff must present in documentation to the court because the defendant did not sign the agreement with the plaintiff. If he or she fails to do so, they can lose their jurisdictional rights to sue the defendant.
In order to know about such strategies or for acquiring a sample answer to summon, you can always look up the internet for useful websites and blogs that share valuable information on such legal issues.