Credit card debt lawsuit defense can be useful whenever you are sued for failing to pay your credit card debt. However, this is not the end. If your credit card company decides to take legal action against you, there are several defenses that can help you. To have an effective and comprehensive defense, contact an experienced bankruptcy attorney.
Roach Bankruptcy Center, LLC has always been strongly dedicated to assisting debtors dealing with insurmountable debts. We are one of the most reputable bankruptcy law firms in Kansas City. We provide complete and effective legal help to individuals and families to obtain a fresh start. In our more than 15 years of experience representing debtors, we guarantee an excellent legal service. If you are in need of assistance, start a free initial consultation with us now.
Why do I need a Credit Card Debt Lawsuit Defense in Missouri?
The Consumer Protection Act can be very complicated, making it hard for an ordinary consumer to know whether the debt he is being asked to pay off is legitimate. Choosing the right attorney to represent you is a crucial thing. To get the best possible results, take note of the following good qualities of a bankruptcy lawyer:
- Knowledgeable – You cannot really measure the knowledge of a bankruptcy lawyer since you are an average consumer. However, if you take the time to explore their background, you will be able to determine whether or not they are knowledgeable. You should browse their website to evaluate their qualities, previous debtor feedback, and the level of experience they have. Always keep these factors in mind.
- Reputable – Their affiliations have to be taken into account. The extensive experience of your attorney is never enough. Their affiliations with various credible organizations led them to obtain several awards in the state. This gives you a great layer of assurance that your attorney is capable of handling any complicated case diligently.
- Quick to respond – If a debt collection agency begins the collection process, your finances and reputation are at stake, especially now that you are facing a lawsuit. Thus, you deserve a lawyer who can respond quickly and effectively.
Attorney Jason Roach, the founder of Roach Bankruptcy Center, LLC law firm, has extensive experience in the practice of bankruptcy. He is knowledgeable and skilled as far as debt collection laws and bankruptcy are concerned. Jason is a member of the Missouri Bar Association, and prior to his law practice, he worked for the Missouri Attorney General’s office in Criminal Appeals. The Roach Bankruptcy Center, LLC is, at all times, more than willing to provide legal advice on the terms, legalities, and other pertinent processes that you need to know. Get debt relief today!
I Am Sued, What Should I Do?
Credit cards are undeniably convenient, but some people regard them as traps. You may be surprised at how much debt you have accumulated in just a few years. Almost every credit card used in the United States is provided by a variety of companies. Their credit cards are riddled with traps, and some are worse than others.
So, what should you do if you’ve recently received notice that you’re being sued for credit card debts? First things first, you need to contact an attorney as soon as you can, taking into account the qualities in the previous section. Time periods apply for responding to the company’s lawsuit, so you should wait no more. A long wait may lead to losing your right to contest the suit, and judgment can be decided by default.
If the creditor’s lawyer has obtained the default judgment, they can make use of it to get a court order to garnish your wages, put liens on your property, and even summon you to court and ask questions about the value and location of your assets. To avoid this, be familiar with the defenses below.
The Debt Is Too Old
It is a wise defense when you contend that the debt collectors cannot sue you because the debts owed are too old. The statute of limitations is very clear about the rules on old debt, and debt collection practices are suspended in such cases. Typically, debts can only be collected over a span of three to ten years.
Invalid Service of the Complaint
In Missouri, the state laws prescribe when, how, and where a credit card or collection company gives you a written notice of lawsuit. Usually, proper service happens when the creditor’s collection agent delivers to you personally a copy of the lawsuit or designates it to someone, usually of legal age, at your residence. Instances of invalid services include when the credit card company leaves it on your doorstep or with a neighbor. If the credit card company improperly notified you of the lawsuit, this may be regarded as an invalid service.
Failure to State a Claim
Almost every state requires debt collectors or credit card companies to attach a complete set of pertinent documents to the lawsuit filed against you. These documents typically constitute the original contract or any pertinent document proving that the company filing suit against you is the one who owns the debt. If the debt collector or credit card company fails to attach these required documents, you can legitimately argue that the claim was not stated.
Possibilities Of A Credit Card Debt Lawsuit
When dealing with debt, there are a lot of possibilities that may arise. This may require you to take further action. Your understanding of the possibilities may help you prepare for the worst. Below are the possibilities of a credit card debt lawsuit:
- The Court sides with you – If the federal court rules in your favor, the debt collection agencies and the credit card company lose the right to collect a debt or even make collection calls to you. You must also consider asking for actual damages from them to help pay for the attorney’s fees.
- The Court dismisses the case – The court may also dismiss the lawsuit against you for various reasons. This might seem like a good outcome at first. However, dismissal normally gives the credit card company the opportunity to file the case again before the court to address the errors. At all times, you must request the court’s dismissal of the case with prejudice to protect yourself from possible lawsuits in the future.
- The Court sides with the credit card company – The court may also issue a judgment against you. This entails a specific dollar amount. The credit card company proceeds by asking the judge to allow them to process legal collection actions. It includes, but is not limited to, property seizure, placing liens on property, and wage garnishment.
Call our Credit Card Debt Lawsuit Defense Attorney Now!
Dealing with debt collectors is undeniably stressful and frustrating for every client. The phone calls, harassment, abusive language, and unfair debt collection process will hinder you from meeting your financial goals. In cases like this, contacting a seasoned bankruptcy lawyer is definitely a must.
Knowledge, reputation, and swiftness to respond to your financial troubles are just some of our good qualities at Roach Bankruptcy Center, LLC. Our wise tactics and strategies will enable you to get rid of numerous telephone calls and put an end to every collection effort. We have what it takes to provide substantive defenses against the credit card company suing you. Other than helping you with credit card debt lawsuit defenses, we also cater to clients having concerns about Chapter 7 and Chapter 13 bankruptcy, along with credit repair. Schedule a free consultation now!