Sunday, 20 May 2012

What Happens When You Are Sued By A Credit Card Company?









No one likes to wake up and find out that they are being sued by a credit card company. I experienced this a few years ago and my stress levels went through the roof. It is hard enough trying to balance all of the other things with in your life before one of these lawsuits comes. The hardest part about dealing with a credit card lawsuit is that it is completely foreign territory for the average person.

In most cases, when a consumer is being sued by a credit card company, it is because the creditor feels that legal action is the best way to get money out of the consumer. Understanding this can be of great value to you when trying to avoid lawsuits in the future. One of the few creditors that do not follow this logic is Citibank. Citibank sues almost anyone who stops making his or her monthly credit card payments.

If you are not dealing with a creditor like Citibank, you will stand a much higher chance of avoiding a lawsuit. A terrible mistake that I see made all the time by consumers is that of sending cease and desist letters. This is one of the worst things that you can do when trying to avoid a lawsuit!

The most important thing to remember when you are in credit card debt trouble is that you want to do everything possible to avoid being sued by a credit card company. Once you are sued the likelihood of receiving a good settlement are drastically decreased. I understand that sometimes being sued is inevitable. If this happens to you it does not mean that all hope is lost. You just need to get more information and knowledge to help you through the lawsuit successfully.

Here is a basic outline of what will happen if you find yourself being sued by a credit card company. First, the initial complaint will be filed against you, which will then be followed by a flurry of motions. These motions can range from motions to dismiss to motions for summary judgment to motions to strike. After you navigate yourself through the motion stage you will then need to write up answers for each individual complaint and file them in the proper way.

Answering each complaint is extremely important when building your defense against your creditor. Many consumers who are being sued by a credit card company blow through this step and end up ruining their defense. Take your time and answer each complaint fully and accurately. If you do this the other steps in the legal process will be much easier!
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