Credit card debt defense lawyers to protect your rights from harassment by collection agencies
Almost anyone can come to a point in life when credit card bills pile up and become unmanageable. When you sign up for a credit card, it defines the term of use between you and the credit card company, including circumstances under which a lawsuit can be filed. If you delay payment or altogether fail to make payments, the debt is sold to a collection agency that attempts to collect it from you. If the debt still remains unresolved, it is resold until it reaches an attorney, and you may be sued by the credit card company.
However, this doesn’t mean that you are left with no way out. You need not feel intimated for face harassment by the collection agency. Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive and unfair collection practices. Violations may be used as a defense by your credit card defense lawyer in your favor. If you are served a lawsuit, respond within the stipulated time, which is usually three weeks to four weeks, failing which a default judgment may be passed against you. Consult a credit card debt defense lawyer who can evaluate your case and formulate a defense strategy. This may include asking for detailed information about the debt, and proof that they are current owners of the debt.
Grounds for objecting to the lawsuit
The credit card company must provide documentation showing that you agreed to establish an account with them. This should be an application that bears your written signature. In case the application is filed online, the credit card company should be able to provide a telephonic or video conversation, along with your electronic signature. If they fail to produce such documentation, you may object to their lawsuit. If the credit card company changes its Terms & Conditions while your account is active, it is obliged to send you a copy of the new terms of the agreement. The company should be able to prove which term applies to which charges on your account. If it fails, you have a reasonable defense or objection as a consumer.
Negotiating better terms for your debt settlement
The strongest defense that can be put in your favor by experienced credit card debt defense lawyers, such as the ones available with Recovery Law Group, is the claim of lack of privity, which means there was no relationship between you and the collectors. This claim will stand valid in case you have never signed a contract with the collection agency. Your lawyer may also argue that the statute of limitations has passed, and the debt is no longer collectible. This happens in the case of an old debt, which then legally becomes uncollectible. Another angle that your credit card debt defense lawyer may examine is the credit card company’s service of compliance, and whether the claim was incomplete. Your lawyer may negotiate a lower debt amount, and give you more time to repay.
But you need to attend all court hearings, your absence may result in a default judgment. Experienced credit card debt defense lawyers have litigated thousands of cases just like yours, and may be able to negotiate better outcomes in your case too, or possibly win the case so that you won’t have to pay them anything. This may include exploring options for filing for bankruptcy, so that your unsecured debts like credit card bills are eliminated altogether.
