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What Should I Do In a Credit Card Debt Lawsuit?

Credit card logos.
A credit card.
Possible scenarios for credit card debt.
Article Details
  • Written By: Luke Arthur
  • Edited By: C. Wilborn
  • Images By: n/a, Tan Kian Khoon, Philip Taylor
  • Last Modified Date: 21 August 2014
  • Copyright Protected:
    2003-2014
    Conjecture Corporation
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When dealing with a credit card debt lawsuit, you should hire a lawyer who is knowledgeable about how to defend against credit card companies. You should also make sure that you attend all hearings that are required of you by the court. Researching the debt and making sure that it is legitimate may also be a good idea, depending on the situation. If you believe that a portion of the debt is not legitimate, you may need to write a denial letter to the court that is hearing the case.

Many times, individuals who have outstanding debts have to deal with a credit card debt lawsuit. This occurs when a credit card company attempts to collect a debt that is delinquent and files a lawsuit against its previous customer. When a credit card debt lawsuit occurs, the consumer will receive a notice of the lawsuit in writing from the county courthouse where the suit was filed.

If you have a credit card debt lawsuit filed against you, the first thing that you should consider doing is hiring a good attorney to represent you. Many attorneys specialize in the area of dealing with debt and they will be able to provide you with guidance on the issue. You should choose an attorney who has a great deal of experience in these lawsuits and has a good track record. The attorney should be able to answer any questions that you may have about the lawsuit or your rights.

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With the help of your lawyer, you should find out information about the validity of the debt. Collect all of your previous statements from the credit card company and try to determine exactly how much you owe. If you have not received a statement from the credit card company in a long time, the validity of the debt may be questionable. Most jurisdictions have a statute of limitations that limits the amount of time that a credit card company has in order to try to collect a debt. If the time limit has passed, the lawsuit may be invalid.

If you believe that part of the debt is illegitimate, you may need to write a denial letter to the court. This letter will dispute the debt that is listed in the lawsuit and give you the right to fight the claims. At that point, you should attend all hearings that are related to the credit card debt lawsuit and be professional throughout the process.

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