Florida Bankruptcy Attorney – What Should I Do If A Credit Card Company is Suing Me for Not Paying?
If you stop paying your credit card debt and file for bankruptcy, you are then entitled to bankruptcy protection from your creditors including the credit card banks. But if you stop paying your credit card debt and do not seek bankruptcy protection, then what happens? What legal protection are you entitled to? You think, “None. I owe, and eventually I will be sued.”
That is the thought process of everyone who stops paying credit card debt they cannot afford to pay. First, for credit card debt relief alone, bankruptcy should be the last option, not the first. And if you earn a decent wage, with bankruptcy you will be forced into a debt repayment plan. Second, there are many reasons not to fear a credit card lawsuit, but fear and uncertainty cause many people not to properly educate themselves; to hunt and peck on the Internet and fall prey to debt relief pitches and erroneous fearful information.
- Every debt collector who gets you on the phone will get around to hinting or threatening that a lawsuit against you for your unpaid credit debt is forthcoming unless you start paying. Of course once you make a payment to stop those threats, that then has you admitting in writing that the debt is yours which makes proving the debt is yours easy. Senior citizens can be easy prey for this type of lie.
- There is no special file on you. In the credit card debt world you are always part of a batch—a batch of accounts that are late with payments, a batch of accounts that have missed payments, a batch of accounts being turned over for in-house debt collection, a batch of accounts being turned over to outside debt collectors, a batch of accounts being sold to a junk debt buyer, and so forth. Any debt collector who contacts you by phone is reading your one or two line account listing as the auto-dialer is connecting the two of you. You are always part of a group of credit-card indebted consumers.
- According to the New York Times, 90 percent of consumers who owe do not respond to a credit card debt summons. Consequently, creditors get default judgments for their claims, That means if you answer ta summons properly, the lawsuit may not go any further. The stated business plan of the largest junk debt buyer in the U.S. is to drop all lawsuits that are answered by the defendant. They do not want the expense of pursing those cases because they are quite happy with their profit on the 90 percent of default judgments.
- Believe it or not, banks have difficulty documenting credit card debt to court legal standards. They have trouble accounting for all of the historical credit card charges, payments, interest and fees that go into each monthly statement and for the alleged amount owed. They also have so few employees that no one employee has personal knowledge of any one account and is unable to swear in a signed affidavit that an account balance is what the bank’s computer system says it is. At last count, one major credit card bank is being sued in or by five states for providing phony affidavits in credit card debt lawsuits.
In addition, junk debt buyers buy large blocks of thousands of defaulted credit card accounts with no access to original creditor documentation, and they cannot possibly employ anyone qualified to attest to the accuracy of what went into the alleged amount owed.
Because of that 90-percent statistic bank collection attorneys rarely include actual documentation of the credit card debt owed in the summonses they serve to the alleged debtors. They are so busy making money by processing default judgments and seizing assets that they do not have time to properly litigate with those few consumers who actually answer their summonses.
Today there is a glut of attorneys in the U.S. That means there are more consumer rights attorneys willing to help consumers who owe credit card debt at reasonable fee levels.
So for maximum piece of mind, consumers who owe but cannot afford to pay can find a consumer rights attorney AT A REASONABLE FEE to answer a credit card debt summons and file a motion to dismiss the case.
I survived over $60,000 in credit card debt by educating myself. I learned how to respond to debt collectors and collection attorneys with written communications supported by consumer protection statutes. The key to my long-term piece of mind was fully educating myself about the credit card business, the debt relief business and the debt collection business. I had six credit card accounts. Due to my letter writing, I never got sued in court. I did however get run through the arbitration mill, which I successfully defeated. [BTW – credit card debt collection through one-sided credit card arbitration agreements is now a thing of the past.]
Over the years I have developed credit card debt content based on my success and onwhat I have learned. This answers your questions, gives you the necessary background information, enables you to develop a plan and allows you to focus on the particular variables of your debts and your state laws and court rules. Many people like you have purchased my ebook, and I in turn have spoken to many them. I can tell you from both my own experience plus their shared experience that right now you are at a point where you literally do not know, what you do not know. Consequently you simplify and think you know most of what you need to know, which most of the time causes you to come to erroneous fearful conclusions.
There is time to prepare. Use the time wisely, do your homework, read my other posts , review my ebook sales page and start shopping for the consumer rights attorney best for you. Remember! You are wisely preparing for something that may never happen. And by doing so, you are regaining control of your future.