Bad Credit

Credit Cards, Lawsuits and Small Claims Court | ask the lawyer

Sometimes we have someone contacting us who has been sued for credit card debt. Sometimes these claims are for old debts that people don’t remember. Sometimes we will see people prosecuted for charges brought by a spouse from a previous marriage.

Whenever a person receives a complaint in court, they must respond to it immediately. In court, time matters. If a person waits too long to respond, the court has few options to award a remedy. If a person does not respond, regardless of the invalidity of the complaint, the court has no choice but to decide in favor of the creditor.

I want to point out that I did not use the term “credit card company”, but rather the term “creditor”. There is a big difference. More often than not, we see companies buy large amounts of credit card bad debt for pennies on the dollar and sue to see who doesn’t respond. They get judgment and try to perceive. Sometimes people have moved and find a few years old judgment when trying to buy a house or get credit and at that point nothing can be done.

If you had a Discover card and the fee was not paid, Discover can sue you and will likely win. On the other hand, if Discover sold that debt to a company that buys debt (e.g. Encore, Portfolio, Sherman, LVNV), they may not be able to prove everything they owe. prove under the law to win. These creditors often lose if there is an attorney involved. So if you were sued by one of the companies with a different name than the credit card, file your answer and go to court. At a minimum, the creditor will offer a discount for an agreed settlement. If they don’t have their ducks in a row, you may very well win.

If you don’t file your answer and go to court, you can’t win. Don’t ignore the costume types, they are winnable).

Buckle up, drive safe and, as always, your referrals are appreciated! 256-764-0112


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