When you obtained that shiny new credit card in the mail, you likely found a small foldout Credit Card Agreement. Did you read it? Don’t worry, most people don’t. It either ends up in your recycling bin or filed away with other documents you never bother to read. That Agreement spells out what happens in the event you are unable to pay back the credit card debt. Pursuant to the Agreement, your creditor has the right to sue you if you fail to make the payments as agreed. The lawsuit will likely be for breach of contract, money lent and account stated.
Credit card companies file lawsuits against consumers on a regular basis in San Diego County. It’s scary and can be embarrassing when you get served with a lawsuit. But the worst thing you can do is to procrastinate. Once you are served, the clock is ticking for you to file a response with the Court. Failure to file an answer will lead to an easy default judgment, which means the creditor wins without even having to prove its case. But even if you do file an answer, you still have deadlines to contend with. It is common for the attorney for the creditor to serve you with discovery, such as Request for Admissions, Request for Production of Documents, Special Interrogatories and Form Interrogatories.
These discovery requests also have deadlines associated with them and the consequences for failing to timely respond can lead to damaging results for your case. The most common issue is failing to timely respond to Request for Admissions. Pursuant to the California Code of Civil Procedure, failure to timely respond to Request for Admissions leads to those facts being deemed admitted. For instance, a common Request may be, “Admit that you owe Plaintiff $15,000.00 as a result of your usage of the credit card ending account ending in 3954.” If you fail to respond to this Request, you are admitting that you owe this amount. The law firms representing creditors will usually send out these requests with the hope that you will fail to timely respond so they can get the easy win. I have found it quite common in my debt settlement practice for consumers to procrastinate or simply fail to file a timely response. By failing to respond, you are giving the creditor the easy win they are hoping for.
Credit card lawsuit lawyer in San Diego
For this reason, I always recommend that you consult with a debt settlement attorney if a credit card company has sued you, especially if they are sending you these discovery requests. Ignoring the situation isn’t going to help. Neither is procrastinating in seeking the assistance of an experienced attorney to assist you. An attorney with experience in credit card lawsuits can skillfully craft answers and objections to these responses to keep your case alive with good defenses. If you wait until it’s too late, you may find yourself facing a judgment. And that might be the worst possible outcome for you.