Saturday, December 1, 2012

Credit Card Lawsuit Defense: Fight For Your Rights and Win


Hounded by junk debt buyer for old, unpaid card debts? If you got served and possibly facing a lawsuit in a few weeks, you need to know all the right credit card lawsuit defense you can use in order to win your case otherwise, you stand to pay not only for the alleged debt but also the junk debt buyer's legal fees!

Now, a great credit card lawsuit defense can be used by simply checking the Statute of Limitation to old card debt in your state. If the debt is outside the statute of your state, then this is an open and shut case for you. Junk debt buyers cannot collect out of statute debts. If such is the case for you, make sure you raise this on your credit card lawsuit defense.

If you are absolutely sure that your old card debt is time-barred, you need to present evidence. Start by checking for the last check you made to the original creditor. If you made that payment via the internet, you can access old statements. You can also check your credit report to check the last date of payment. You can use the statutes of limitation credit card lawsuit defense as an Affirmative Defense and get answers from the plaintiff during the Discovery phase of the lawsuit.

Another notable credit card lawsuit defense is the validation of debt. It is within your rights to demand the junk debt buyer to PROVE you own the debt in question. The good news is, once the original creditor closed toe book on old, charged off accounts, even the buyer of said accounts do not have access to any documents, like credit card statements, original signed contract, cardholders agreement, etc., they will not be able to pin the debt on you easily. Instead, the junk debt buyers will rely on a sloppy affidavit signed by their own employees that won't hold substance in court.

Knowing if the debt you are being sued for is time-barred is one of the first things you need to check when defending yourself in court. Your creditor is assuming you don't know a thing about Statutes of Limitation in your area so don't be a sitting duck!

Beef up your credit card lawsuit defense, start by doing your own research and finding out where you can get the most valuable information you can use to have your case dismissed.

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