Motion to Dismiss credit card Lawsuit

July 8th, 2011 |

You were just served a credit card lawsuit and are torn on what to do. If the collection agencies have served you papers you may feel defeated already. You shouldn’t though! Even without a lawyer you can fight back. You don’t necessarily need a lawyer to fight your case. If I’m capable of fighting my own case then you are too! I wouldn’t lie to you. I have actually fought back and won credit card lawsuits myself! With my help you’ll gain the know-how on how to do the same. Since I’ve experienced all this already I’m happy to share some pointers with you.

First, I’d like to let you know that the collection agency that is suing you could very likely have ulterior motives. These guys are expecting you to call them and settle or not even answer your summons. But when you do that they get a Default Judgment. Our little friends use this judgment to garnish your wages and legally freeze your bank accounts. Are you still thinking about ignoring your summons? Yeah, I didn’t think so. You still have a fighting chance, but by not responding you are already giving up.

Winning your credit card lawsuit all starts with the actual complaint. There are a few questions you might need to ask yourself in the beginning. As you look over the complaint you may be wondering “who this company is”. You might also wonder how a $1,000 limit turned into an $8,000 lawsuit. “How did this random company come up with this number?” Have you located the contract that you supposedly signed which agrees to the information on this complaint? Where is the proof? For more questions that you’ll want to go over when receiving your lawsuit, visit howtowinacreditcardlawsuit.com.

Figure out if the plaintiff is the original creditor who you opened up your credit card with or if they’re stating that they are the assignee of the original creditor. If the plaintiff is listed as the assignee of the bank that you originally opened your credit card with then what gave this “Assignee” the legal right to sue you under contract that you must have signed with the original creditor?

Please understand that to avoid a default judgment you MUST answer your summons listing all your affirmative defenses. If you answer your summons correctly then chances are that the collection agency will dismiss the case because they don’t want to deal with someone who they know will fight back. If you decide to fight back, the collection agency has to work even more because in order for them to win the case they have to have all the documents with proof once you’ve decided to fight back. If they can’t prove all the necessary information then chances are they cannot prove it in court either. When sued by the original creditor a fresh bill and the original creditor most likely have the documents to prevail in a court of law, but being sued by junk debt buyers is quite different. The junk debt buyers have to have many documents to prevail in a court of law and 90% of them DON’T have the documents to prevail. Find out more on how this whole process works and what you can do to win using my Defendant’s Package at www.howtoanswerasummons.com.

Want to find out more about getting your credit card lawsuit dismissed, then visit my site on how to answer a summons for credit card debt.