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Giving Up Should Not be an Option for Credit Card Debt Lawsuits

  • Nov 14 2014

If you’ve learned that a credit card company has sued you because of an alleged overdue debt, the last thing you want to do is just resign yourself to the fact you’ll have to end up paying this money.

Even if you charged the amount that’s alleged and failed to pay it off, your account and its information may have been so mishandled by the credit card company, collection agency or law firm that the case may still be dismissed. If you contest the case, it won’t do any more harm to your credit record and there’s a chance it may be dismissed or withdrawn.

Plaintiffs, including debt collectors, have the burden of proving their case. Without sufficient evidence to establish they have a legal right to collect the debt the case should be dismissed.

  • Debt collectors pay pennies for the right to collect on credit card debt dollars. For that low price, credit card companies may not put in the time and effort necessary to provide all the information and documentation for the debt collector to prove it has a legal right to collect on the debt.
  • They may also warn the debt collectors that they can’t guarantee the accuracy of what little information they give.
  • The plaintiff also has the burden of proof to establish how much is owed. If you have records establishing that the alleged figure is wrong, it will also call into doubt plaintiff’s allegations.

A major stumbling block for debt collectors is that they may have outdated information on your location and be unable to properly serve you with the complaint and other necessary legal documents.

  • Without proper service, the case should be dismissed, though the attorney will probably have another chance to serve it properly.
  • You may have been defaulted (found liable) for not answering a complaint because the complaint in your case was sent to the wrong address. By showing you weren’t properly served you should be able to open the default judgment and force the debt collector back to square one.

If you’ve learned you are being sued by a debt collector, don’t give up and surrender. Fitzgerald Campbell defends Californians in credit card lawsuits. Contact us so we can help protect your rights. Call (866) 927-8289 for a consultation today.

Posted in: Credit Card Debt, Credit Card Lawsuits, Debt Collections