You’ve just been served with documents notifying you that a credit card company is suing you and outlining the grounds for the charges. What do you do now? A lawsuit is a very important matter, so you must take action to fight the claims and defend your interests. You should consult with a credit card lawsuit attorney in San Diego about the case, as these professionals have the background and experience to protect your rights. However, some basic information on how to fight credit card companies will help you understand these types of cases.
How To Fight Credit Card Companies Suing You
You’re required to respond to the lawsuit. In California, you must file paperwork in response to the Summons and Complaint that the plaintiff has served to you. If you don’t answer, the court will assume that all allegations made by the plaintiff are true – even if they’re not. Your response should admit or deny every one of the counts contained within the Complaint.
Demand proof of the debt from the plaintiff credit card company. The plaintiff must be able to prove that you obtained a credit card from the company, promised to pay the amounts due and otherwise abided by your obligations – but then you failed to do so as required by the agreement. Some credit companies may not present this required information, whether due to a mistake or oversight. Demand that the credit card company give you this proof and request that the case be dismissed if it’s not provided.
Raise proper defenses. There are a few challenges you can make in defense of the claims the plaintiff has made in the Complaint.
- Statute of Limitations: There is a time limit that the plaintiff must adhere to when suing you. The credit card company must file a lawsuit within four years after your debt became due or the case will be dismissed because it’s outside the Statute of Limitations.
- Issues Related to Service: You are entitled to receive proper notification of the credit card company’s lawsuit against you. The law requires the plaintiff to serve the Summons and Complaint by using the proper authorities to deliver them at your normal place of residence. Failure to do so may raise the defense of proper service.
Determine whether you have a counterclaim. A counterclaim is a lawsuit filed by the defendant against the plaintiff. In suits filed by credit card companies, there may be violations of the Fair Debt Collection Practices Act which protects consumers from harassment by creditors. Under certain circumstances you may be able to recover attorney’s fees and costs if the plaintiff has violated the FDCPA in pursuing the funds you owe.
San Diego Credit Card Lawsuit Defense
Consult with a San Diego credit card lawsuit defense attorney. Having a knowledgeable, experienced credit card attorney on your side is critical to defending your interests and ensuring protection of your legal rights. Attempting to act on your own behalf is a mistake, as you’re at a disadvantage when dealing with the aggressive lawyers representing the credit card company. Plus, you don’t have the expertise to negotiate a potential settlement and dismiss the case. Contact a credit card lawsuit attorney in San Diego for more information on how to fight for your rights in court.
Daniel R. Gamez, an attorney focusing exclusively in debt settlement, is licensed to practice in all state and federal courts in California and Texas. Mr. Gamez owns and operates the Gamez Law Firm in La Jolla, CA. For more information, please contact Daniel Gamez at 858-217-5051, firstname.lastname@example.org or visit gamezlawfirm.com.