What to do if you are sued by a credit card company

Sued by a credit card company, a collection agency or creditor can be a stressful and scary. Was the most important thing for a person sued, is not to ignore the complaint. A defendant in a trial must follow the correct procedures in the correct periods, or the risk of a default judgment entered against them. This article describes how a lawsuit works, typical procedures to respond to a complaint, and the consequences ofLitigation.

The process of being sued

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If you fall behind on credit card payments, the creditor can sue you. The credit card companies can make payments or a lump-sum payment, but in most cases you do not need nothing less than the agreed conditions of consent. In many cases, this may mean the entire balance on your credit card.

What to do if you are sued by a credit card company

To initiate the action, credit card companies or debt collectors have a "complaint" in small claims court or other court of first instance.If the case is filed in small claims court, neither you nor the company before a court of law. However, the company can help a lawyer outside the courtroom. If the case is not in small claims court, the company will probably be represented by a lawyer.

After the complaint may be served with an "invitation" to appear in court. It can be served in person at home or at work. A family member or colleague will receive "alternative service" in your name. You can alsobe served by mail or publication.

In response to the complaint

As mentioned above, if you're not on the action in the form right to respond within the prescribed period, a decision may be entered against you. It is recommended to charge and complaint must be read carefully. If you select the action against, you must allow a "look" of the charge within the file. It must comply with the decision of the Court and say it's the right thing, or a decision will be entered against you.

If youagainst the action, you must have a legal right. It is usually not enough to appear in court to explain why you are in credit card payment in arrears, or ask the judge to require the company to receive payments. Examples of legal defenses that the company sued the wrong person, or that the account has been opened by someone other than you without your knowledge.

In some cases, the action outside the statutory deadline has been filed to file these cases. This isknown as "blocked". Different limitation periods, depending on what state you live in use, and what was the credit card is in the statute of limitations, depending on the specific circumstances of the case and you should see a lawyer, who defended the people of Contact causes of credit card to determine who is the defense.

When entered a verdict

If you lose your case, or when a decision by default is entered against you, theResult is the same. The company is a verdict against you. This allows them to take certain measures for the enforcement of penalties, including garnishing your wages or bank accounts, and in some cases, the seizure of your assets. The full rights of a creditor may vary depending on the state you live in.

If a creditor side dishes your wages or bank accounts, you can have the right to appeal. These objections are "exceptions". The amount of existing exemptionsDepending on the state you live in the right forms with the files at the right time allowed.

Debts discharged through bankruptcy

If you are overwhelmed with the inevitable debt, including credit cards, loans and other judgments, it is likely you can avoid paying them were signed up through bankruptcy. Dischargeable Not all debts, you should talk to a bankruptcy attorney to find out if you To qualify for bankruptcy, andif you can download the debts and judgments against you.

What to do if you are sued by a credit card company