Is this your situation: you have unpaid credit card debt you cannot afford to pay; you have received, or are worried about receiving a credit card debt summons; and you think you cannot afford to pay an attorney?
While 93 percent of people who are sued for credit card mistakenly do not respond to a summons for credit card and end up with a default judgment against them (according to the New York Times article mentioned below), there is plenty of hope for any “guilty” debtor who answers a credit card debt summons. You have your best chance of beating a lawsuit if you use an experienced consumer rights attorney. They handle these suits all the time and their fees are reasonable ($2000-3000). If you have a job and a home, this is the way to avoid bankruptcy. If you do not, then you can follow these pointers and answer the summons yourself. You can always file bankruptcy after a judgment against you.
Answer the Summons and Fight a Credit Card Lawsuit
You can do several things to prepare for a credit card lawsuit, so that you are prepared should you get a summons;
- First, you need to understand that original creditors have difficulty properly documenting variable credit card debt to court standards and that junk debt buyers simply cannot do that because they have no original documents.
- You can find a consumer rights attorney capable of defending them for a reasonable fee. (Recently a reader of my Credit Card Debt Survival Guide found two consumer rights attorneys in the Chicago area. He hired the attorney who quoted him $2000 to defend his $30,000 credit-card-debt lawsuit.) Consumer rights attorneys who regularly defend these collection lawsuits understand how easy they are to defeat, unlike most attorneys who do not understand them and thus quote high fees to protect themselves or just try to push you toward bankruptcy.
- If hiring an attorney at any price is not an option, you can ask the clerk at your local courthouse about the process for a credit card debt lawsuit, as in what happens when.
- You can read the local court’s rules of civil procedure.
- You can review old case files at your local courthouse related to the creditors who might sue you looking for answers to summonses, successful motions and successful outcomes.
- You can call the attorneys who successfully defended against local credit card lawsuits for words of advice.
- You can call consumer rights attorneys for words of advice.
- You can learn to answer a credit card debt summons.
- You can learn how to file for the discovery of documents that will force a collection attorney to show the court his or her evidence of the debt.
Credit Card Debt Relief Education
If you wish to get out from under credit card debt that you cannot afford to pay, then you must educate yourself first. That is what I did to escape $63,000 of credit card debt. These recent part news stories from the New York times should give you plenty of hope. One is about Chase Bank being sued by the California Attorney General for credit-card-debt-lawsuit abuses and another is about faulty documents supplied by creditors and credit card debt lawsuits including banks’ robo-signing of credit-card-debt affidavits that came to public attention last year.
Los Angeles TV news video report about that lawsuit alleging illegal collection practices by JPMorgan Chase
The New York Times article in the second link above says 95 percent of consumers served with a credit-card-debt summons do not respond to defend themselves against the lawsuit. The credit card banks and the junk debt buyers of credit card debt know that statistic all too well. They have flooded the courts nationwide with improperly documented credit-card-debt lawsuits to speed up the collection process and to save time and money.
The tide, however, is turning. In addition to the California Attorney General, the Minnesota Attorney General successfully sued Midland Funding, a large junk debt buyer, for improper “robo-signed” credit-card-debt affidavits. The state of Maryland has passed a law requiring documentation before a credit card debt lawsuit can be filed. Other states are likely to follow suit in order to relieve the pressure on their local courts.
Despite this justified backlash, today there is a greater likelihood that consumers with high credit card balances, that have defaulted and that they are unable to pay or settle, will be sued for those unsecured debts. That is because too many creditors and collection attorneys have become with familiar with the 93-percent success rate.
But, the other side of that is they are not going to work too hard to get the other seven percent WHO DO ANSWER! If you have credit card debt you cannot afford to pay, here is more information that could help you.