Help! I Was Sued By My Credit Card Company!
Sued By Your Credit Card Company? – Don’t Panic!
Once you have been sued by your credit card company, or a collection agency on behalf of the company, you have a choice to make. You can either:
- Fight the action in court,
- Attempt to resolve the matter prior to a trial, or
- Ignore it and hopes it goes away.
Choice #3 is never the right choice, unless you are planning on filing bankruptcy, or have no income or assets on which a judgment lien can be attached. So, if you do earn income, or if you are just sick and tired of the credit card and collection companies, choices 1 and 2 are for you. If you are going to fight the action in court, or want to attempt to resolve the action prior to trial, you should speak to a licensed attorney who handles consumer debtor cases. The expertise of an attorney is important for two primary reasons: legal procedure and creditor expertise.
Legal procedure issues arise as soon as you are served with the complaint. Under the Ohio Rules of Civil Procedure, you only have 28 days to Answer the Complaint, or the creditor can automatically win the case against you, without proving anything. Your response (the Answer) must state certain facts and defenses in order for you to use them during trial. This is an example of only one of many procedural issues which can make or break your case.
The other reason an attorney is recommended in a creditor action is because of creditor expertise. Even though this type of suit is new to you, it is an everyday happening to the creditor’s attorneys. Most attorneys who represent credit card companies and collection agencies only practice collection law. Their expertise means they know a lot of nuances you do not, and they know how to work the system and apply pressure on inexperienced debtors. When you are represented by an attorney, instantly, the creditor will likely want to negotiate the matter. As in almost any other situation, once you are represented by an attorney, the other side knows they must play by the rules, because there is someone on the other side who will point out to the court when they do not.
Are you being sued by a collection or credit card company? Contact me!