If you are facing a lawsuit over credit card debt you are probably very nervous and concerned. In many cases the debt may not even belong to you or you may be facing financial difficulties and be unable to pay off the debt. There are several steps that you can take to strengthen your position if you must go to court. Your creditors must show valid proof that their claim is legitimate if this proof is demanded by the consumer, but many consumers do not realize that they have a right to demand proof that they actually owe the debt.
As soon as you become aware that you are being sued, usually when you get a notice or are served a subpoena,you should do a number of things. Find out what your state’s statute of limitation for debts is. This time limit to bring any claims may be different in each state and this information is essential. Make sure that the debt involved in the lawsuit is still valid and the statute of limitations has not run out. If the time limit the law allows has passed then a request to dismiss the lawsuit should be made to the court based on this fact. In many cases a creditor will file suit after the time has elapsed in the hopes that the consumer and court do not notice this fact.
Another option is to request that the creditor validate the debt. This is your right as a consumer, and all of the debt information must be reviewed with the information on the application for credit or services. The debt validation process includes checking the debt account information closely, and this will include the total due on the account and when the account was initially opened. The last payment that was made towards the debt will also be noted in the account information. Any creditor who can not provide the verification information and results of this process may not be able to win in court.
Once you receive notice of a court hearing or other creditor action make sure to go over your credit card account closely. Any inaccurate information and errors should be marked and noted. Make sure you appear at any scheduled hearing in the court and you should also answer any complaint you receive and file this answer with the appropriate court clerk. If you do not appear a default judgment will be issued and you may find your property seized or your wages and bank accounts seized. If you are not sure what steps to take or you need professional legal help then an experienced bankruptcy attorney can help.
The bankruptcy attorneys at Richard West Law can help provide a free debt consolidation consultation to help you find the right answer for your unique debt problems and circumstances. We aggressively represent all of our clients. Visit https://www.debtfreeohio.com or call (513)771-8700 or (937)748-1749 to get the answers you want, and the financial relief you are looking for.