I've written the following to help consumers understand the process of what's happening to them. This is not meant as a guide for you to handle a case on your own, nor does it create an attorney client relationship between you and I , but is for informational purposes only. Keep in mind that the Debt Collectors who file these complaints are all attorneys, many of whom have been practicing for years. There are also changes in the law that occur, so I don't warrant that this website will be updated. If you are served with a complaint, contact an Attorney - myself or one of my colleagues can provide you with current information, and I (and many others) provide free consultations.
Credit Card Defense
Anyone can find themselves in debt and unable to pay their bills as they come due. A financial crisis can arise due to loss of a job, your illness or the illness of a loved one, a long-term disability, a divorce or from a myriad of other causes. Many times when you are unable to pay your bills, the original creditor will use a debt collector in an attempt to recover money. Regrettably, all too often debt collectors and the agencies they work for try to get you to give them money through fear, harassment and intimidation. If that doesn't work, some debt collectors are affiliated with or simply owned by debt collecting attorneys and they may very well take you to court.
Debt Collectors buy your debt for literally pennies on the dollar and then sue you for the full amount or more frequently for a larger amount then you ever charged or borrowed.
While this might seem unfair, if you do not defend a lawsuit when you receive the court's summons and complaint, our courts will allow them to get a judgment against you in the full amount of the alleged debt. If you have been served with a complaint in the States of New Jersey or Pennsylvania, you need to answer the complaint or you will get a default judgment against you.
Steps in the Credit Card Defense Process:
If you haven't been sued yet, you still may be harassed by calls, letters and more from debt collectors. See Tips for advice on reducing this obnoxious behavior.
1) Answering the Complaint
3) Deciding Trial or Settlement?
If your credit card debt was bought by a debt buyer or debt collector, or you are being contacted by a debt servicer, they are subject to additional rules under the Fair Debt Collection Practice Act (FDCPA).
Violation of these rules is grounds for lawsuit and the statute covers your lawyer's fees, (meaning that you can sue the debt collector without it costing you).
Learn about FDCPA violations
Author Kyle Mastro, Esq. - Civil Litigation Lawyer focusing on Debt Defense