212-591-0400
And Learn About Your Rights
When You Are Sued By A Creditor
BY A CREDIT CARD COMPANY,
A THIRD PARTY DEBT BUYER OR THEIR ATTORNEYS...
Out of some 300,000 consumer credit cases filed in New York civil courts in 2008, about 80 percent resulted in default judgments in favor of the plaintiffs, meaning most defendants didn't even know they were being sued.
Did you know that you are entitled to a trial before a judge and, if you wish, a jury before a credit card company can get a judgment against you through the courts ?
In fact, you do not have to settle your case with the credit card collections attorney on the terms they dictate. Instead, dictate some of your own. Read on and learn some of your rights and the way we defend your rights in these kinds of cases.
First of all, you need to realize that by far most collection lawsuits result in judgment against the debtor because the debtor defaults, which means failing to challenge the credit card company’s claim in the first place by simply not showing up in Court to answer the summons.
Most debtors who fail to appear in court eventually have a default judgment entered against them. Instead of this happening to you, just go to Court, file an answer with the Clerk and get a Court date. Then call us and we can either take it from there or tell you exactly what to do next.Or better yet, call now, before going to Court, and we will handle the matter from the very beginning and you never have to step one foot into court !!
If You Contact Us, We Will Among Other Things, Do The Following:
As
the alleged debtor, you are entitled to know whether the party suing
you has standing to collect the debt. If the debt collector is
different from the original creditor, you are entitled to see a chain of ownership that establishes whether the debt collector owns the right to sue on the debt.
Otherwise, you might pay this collector off and then be sued later by another creditor who claims to own the debt. So, you have to know who owns this debt if the original credit is not the one try to collect against you.
2. Demand Proof Of The Debt
Many if not most credit card collection attorneys do not have evidence that you owe the money. In order to collect money on a contract in New York State the creditor is required to produce a copy of the original agreement you signed or some other admissible evidence of your agreement to enter into an agreement with the creditor. And you are entitled to request production of the contract to determine your obligations and defenses under the credit card agreement being relied on by the creditor.
3. Demand Proof Of The Amount Of The Debt
More
often than you would believe, credit card collection attorneys often
only have an account summary of the and do not have the original credit
transaction
receipts. Sometimes they do not have any itemization of the amount of
the principal balance, the amount of finance charges, or the amount of
account fees. The account summary they get when the case is referred
to them usually contains only a total balance owed as of a certain
date. Make them present all of these documents at your trial or before
the case comes to trial and you are a long way towards having your
claim dismissed when they cannot produce the items of proof you are
demanding.
4. Object To The Improper Offer Of Hearsay Evidence
Trial rules of evidence apply to credit card collection lawsuits. The debt collector must present sufficient evidence to meet the burden of proof as to the elements of the case. Experienced credit card lawsuit defense lawyers object to the improper admission of hearsay evidence. Business records must be authenticated by a competent live witness. Yet, credit card collection attorneys rarely have a live witness appear in court or are not willing to go through the trouble and expense of producing one.
Beware...
When credit grantors lower your credit limits, the amount of credit available to you is also reduced. That increases the percentage of credit that you are using compared with the credit now available due to the reduction in the credit limit. This can hurt your FICO credit score because it increase the utilization ratio which is the amount of credit you are using compared to available credit.
At a time when you are already struggling to stay afloat, lower scores and higher card rates can surely aggravate an already precarious financial situation.
In fact, this can be a painful trap because if you do not realize your credit limit has been lowered you are likely to spend above your limit, thereby incurring over-the-limit fees and a higher rate, making it all the more difficult to handle the financial load, which can have a "snowball" effect.
Remember ! Never ignore a debt collector. And if you live in New York City, remember that debt collectors must be licensed . Ask the debt collector who contacts you if he or she, and the debt collection company itself, is licensed by the New York City Department of Consumer Affairs.
Experienced CREDIT CARD DEFENSE LAWYERS know what questions to ask and what discovery documents to request to possibly get your case dismissed and give you the very best opportunity to get the best outcome by objecting to the improper use of hearsay evidence against you, determining whether the debt is time barred against collection by a statute of limitations and whether or not you were afforded due process in the ways you were served with the summons and complaint in the first place.
DON'T RISK YOUR BANK ACCOUNT GETTING FROZEN
OR YOUR SALARY GARNISHED!
ACTNOW !
Lee & Associates at
The Credit Card Defense Center
are now available for
Free Consultation regarding your situation.
Contact us now for details.
Attorneys
244 Fifth Ave.
NYC 1001
212-591-0400
212-591-0400
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