People in debt need serious advise and help in this area. While I am not an attorney
and cannot offer legal advice, I can certainly point you to legal resources to help and
empower you as to how to handle a lawsuit brought about because you defaulted on a
credit card.
Obviously, you defaulted because you did not have the money to repay according to the
original terms you agreed to. And if a lawsuit is instituted against you, it is most likely
because you could not come to terms with the creditor or the creditors attorney's. People like
Rubin & Rothman, Capitol One, and on and on. So, when you are first notified that the debt
is in the hands of a collector, or collectors attorney, and talking to them has failed to resolve
the matter in an affordable manner, you can significantly slow things down by requesting a debt validation. Click here for samples of a debt validation letter. A well written validation letter,
can buy you a great deal of time and maybe even can make the debt go away, if the creditor
cannot produce the required information.
If the validation is answered, and you are served a subpoena, then simply answer it.
The civil clerk's office of the courthouse where you were sued, can give you everything you
need to file an answer to a subpoena from a creditor. It is not complicated, and it puts the
ball back in play by you. Once you file an answer, the creditor looses the ability to use heavy
handed scare tactics, because your case will most likely go to mediation. This will take time.
You can during this time, save up some money, if possible, to go to the mediation equipped
to get a fair settlement. If, the amount of the suit is to great, it will give you time to find
a lawyer who specializes in Creditor and consumer lawsuits. This is very important. The attorney you
hire, must be skilled in this area, or, you are waisting your time. These specialists, often do
not charge huge fees, and can work wonders in terms of helping you, because they know the law,
and, are most likely known to the creditors and there attorneys.
Some additional points. Whatever you do, do not ignore any correspondence you receive
from a creditor, even if it comes registered mail. You are better off dealing with the issue.
Do not let a debt collector intimidate you, document in writing all conversations you have with them.
If possible, record the conversations. If they violate the Fair Debt Collection Practices Act, and you
can prove it, you may be able to offset your debt with monetary damages against them.
It is a sad day when a debtor who has a life crises that does not permit them to adhere
to the original terms of a credit card agreement, cannot find cooperation from the creditor.
The same creditor who is charging you outrageous fees and interest to begin with. Please do not
misunderstand, I am all for personal responsibility. But I am also a believer in morality and ethics.
If your creditor will not do the right thing by cooperating in trying to reach a manageable payment
agreement with you, then by all means, you need to pull out all the stops when defending yourself.
If everyone in this situation fought back hard, I believe we could change the way usurious creditors and there hired guns operate. Think about it, when the banks experienced a monetary crises
they cried like babies for a federal bailout, however, when you experience a legitimate crises,
they look to nail you to a wall, rather then cooperate with you. Arm yourself, and win the battle.
This article does not constitute legal advice and cannot be used as a substitute for same.
Written By:
Steven Ciantro
www.AmericanDebtEnders.com
Help@americandebtenders.com
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