Debt Collections Defense

If you are being sued for credit card debt, you are likely being sued by the credit card
company that issued the credit card — often a bank or credit union — or a debt buyer.

If you have been served lawsuit papers — a summons and complaint — where the plaintiff
is a credit card company or bank or credit union, it is likely the lawsuit included a cause
of action for what is labeled as “Common Counts” – which includes an “Account Stated”.

A lawsuit by the original lender (i.e., a credit card company, including a bank or credit
union) is relatively easy for an original creditor (the plaintiff) to win if — if! — you did not
dispute the charges shown in monthly or periodic statements sent to you during the time
you used the credit card. Unless you wish to proceed to a trial — and likely lose — most
likely your best strategy is to have an attorney negotiate with the creditor’s attorney to
attempt to settle for less that is demanded in the lawsuit. 1 can help.

On the other hand, if you have been served lawsuit papers where the plaintiff is a debt
buyer — not the original creditor — there are tactics available for your attorney to use that
could lead to the plaintiff to dismiss the lawsuit. One tactic is for your attorney to serve
the plaintiff’s attorneys a demand for production of documents where the goal is to learn
— through the debt buyer’s responses — that the debt buyer does not possess the necessary
documentation to prove [in court] that the credit card buyer is the actual owner of the
debt. Other tactics include serving the plaintiff’s attorneys a Request for Admissions
along with Special Interrogatories. Remember, if the plaintiff and its attorney cannot
prove — with admissible [in court] evidence — that it is the true owner of YOUR debt, the
debt buyer, through its attorneys, is more likely to settle the case for much less than what
is demanded and, possibly, dismiss the lawsuit altogether.

If you have been sued by a debt buyer, I can help.

Call 949.552.1170

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John J. Hamilton

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