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Credit Card Debt Lawsuits in California – How to Get the Legal Help You Need

  • Nov 7 2013

A credit card company, or a debt collection agency hired by the company. has the legal right to file a civil lawsuit against you if you fall behind or stop paying your credit card debts. The creditor will have to prove that you did not maintain your rights and responsibilities in accordance to the terms and conditions set forth in the original credit card agreement in order to obtain a judgment against you.

Fortunately, there are certain affirmative defenses you can assert against the company, or debt collection agency, to effectively dispute the debt owed.

For instance, a few basic defenses the debtor may claim is that the creditor did not file the lawsuit within the required statute of limitations, failed to state a valid legal claim, or invalidly served the complaint upon the debtor. Further, the debtor may assert more common defenses such as the following:

1. Identity Theft or Mistaken Identity
A defense of identity theft, or mistaken identity is an affirmative defense in which you can assert to show that you did not legally agree to obtain the credit card.

Identity theft commonly occurs when an identity thief steals your personal financial information in order to make unauthorized purchases. Mistaken identity is commonly asserted when your identity is confused with somebody else’s.

Fortunately, you not have to prove that your identity was stolen or mistaken regarding the debt. The credit card company will have to provide evidence indicating that you in fact legally agreed to the credit card terms and conditions.

You should contact an attorney immediately if you believe that someone has stolen your identity and used it for illegal financial transactions.

2. Payment Received
Another affirmative defense that you may assert is that payment was in fact received. You will have to prove the monetary source in which the payment was made from including the date and time.

3. Bankruptcy
If you previously filed bankruptcy, and the outstanding credit card debt was discharged in the bankruptcy proceeding, then you may assert bankruptcy as a defense to the debt collection lawsuit.

The defenses mentioned above will vary in each particular situation. Contact our law office for more information about credit card debt lawsuits in California.

Posted in: Credit Card Lawsuits