How To Fight A Credit Card Lawsuit
1. Do Nothing
This is NOT the way to respond to being sued for a credit card consumer debt. Doing nothing will result 100% of the time in a default judgment being issued against the consumer. This judgment will remain on a consumer’s credit report for 10 years!
Also, once a judgment has been granted, except for a very few exceptions, there is nothing that a consumer (or an attorney) can do to dispute owing the debt, the amount of the debt, or the validity of the judgment. Once issued, a judgment is valid for 5 years, and can be renewed by the debt collector/debt buyer until the consumer dies.
- A judgment allows a debt collector/debt buyer to attach assets (including a consumer’s home).
- A judgment allows a debt collector/debt buyer to garnish a consumer’s wages.
- A judgment allows a debt collector/debt buyer to garnish a consumer’s bank account.
And, with the current status of computer tracking of all consumers, debt collectors/debt buyers WILL find the consumer and WILL find any bank accounts that the consumer has that can be garnished, and WILL find out.
2. Represent Yourself
Defending the credit card lawsuit yourself?
There ARE defenses that will help a consumer defeat a consumer credit card lawsuit.
However, these defenses are complicated, and require consideration legal knowledge as to which may apply to a consumer credit card lawsuit; how to obtain the information from the debt collector that is necessary to prove the defense; how to respond to legal documents from the debt collector that will attempt to overwhelm the consumer; and when to submit the specific information to the Court to secure a dismissal.
THE CONSUMER CAN REPRESENT THEMSELVES
Every individual has the constitutional right to represent themselves in court. However, in Arizona, the Courts have specifically ruled that the consumer that represents himself/herself is held to the same knowledge of the law as an attorney, and must submit documents that comply with the Arizona Rules of Court.
As noted above, doing nothing is the worst option that a consumer can choose in defending a consumer credit card lawsuit; however, a consumer that represents himself/herself in a consumer credit card lawsuit against an attorney’s office suing them is operating at an incredible disadvantage.
3. Retain an Attorney
Hire and attorney to defend you.
The investment in retaining an attorney can provide the consumer with the support necessary to defeat a consumer credit card lawsuit.
However, not every attorney is knowledgeable in all areas of the law…not every attorney is knowledgeable in consumer law.
To be successful in defeating a consumer credit card lawsuit, it is important that the attorney be specifically knowledgeable in consumer law.
A consumer should insure that any attorney they are considering hiring to represent them is a member of NACA, the National Association of Consumer Advocates, an association of attorneys that are dedicated to the sole practice of representing consumers; each of which is well trained and extremely knowledgeable in consumer law.
It is very important that a consumer make an appointment to meet with an attorney knowledgeable in consumer law AS SOON AS POSSIBLE after being served legal documents
Give us a call at 602-230-0995 or click here to contact us today.
4. Bankruptcy
Have a consumer attorney help you with bankruptcy
A consumer attorney that is well trained and knowledgeable in consumer law will be able to discuss all available options with a consumer, including both defending a credit card lawsuit and the possibility of declaring bankruptcy.
Bankruptcy is an option that should be considered by a consumer who needs a “fresh start”.
Bankruptcy can discharge virtually all of a consumer’s debts, including those that have already become judgments.
Again, it is important that the attorney that the consumer retains to represent him or her is extremely well trained and experienced in defending consumer credit card lawsuits.
Give us a call at 602-230-0995 or click here to contact us today.