When you’ve been served with paperwork notifying you that a creditor has filed a lawsuit against you, time is of the essence in taking action to defend your interests. There are certain things you need to do when you’ve been sued for debt in order to protect your rights and seek available remedies. If you don’t have a legal background, it’s wise to consult with a San Diego credit card lawsuit defense attorney. However, some background on these types of cases can help you understand the charges against you.
What To Do If I’ve Been Sued For Debt
Start by answering the lawsuit. There are numerous claims made by the plaintiff in a debt collection action, and the court will consider all of them as true if you don’t respond in writing. The Summons and Complaint that were served upon you to begin the court case contain the allegations against you, but you’re given a limited period of time to admit or deny them by filing a response with the court.
You’re entitled to proof of what you owe. The plaintiff will claim different facts in the Complaint, but won’t always provide the necessary proof of your debt. A creditor must give you the documents and other evidence to prove what you owe, so make sure to exercise your rights by obtaining the paperwork that shows you promised to pay and didn’t abide by the terms of your agreement.
Raise any defenses to the lawsuit. There are a couple of situations that may give rise to a defense of the plaintiff’s claims, which can lead to a dismissal of the case.
- Statute of Limitations: In California, a creditor has four years from the date your debt became due in order to file a lawsuit against you. If they don’t, they’re forever barred from trying to collect the funds you owe because it’s a violation of the Statute of Limitations time period.
- Bankruptcy: If you’ve made the decision to file for bankruptcy, this is a defense to the plaintiff’s lawsuit. However, this is an extreme process that negatively impacts your credit score for several years, so carefully consider your options.
Determine whether you have a counter lawsuit. Under some circumstances, you may be able to file a lawsuit against the plaintiff, which is known as a counterclaim. The Fair Debt Collection Practices Act governs debt collection cases and it contains provisions about how creditors can pursue collection activities. If there’s been any harassment, improper notifications or other violations of the FDCPA, you may have grounds for a counterclaim. It’s possible to recover attorney’s fees and court costs if you’re successful.
Credit Card Lawsuit Attorney In San Diego
Consult with a credit card lawsuit attorney in San Diego. The complications of credit card lawsuits are best understood by legal professionals with knowledge and experience in handling these cases. Lawyers know the law, so they’re in a better position to defend your interests and engage in settlement negotiations with opposing counsel. For more information on these matters or with any questions, contact a credit card lawsuit attorney in San Diego.
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. Stay updated with the latest debt relief tips by following on Facebook and Twitter!