If you have been sued by a credit card company or by a debt buyer such as Midland Funding, CACH LLC, LVNV Funding, Portfolio Recovery, Cavalry SPV, Asset Acceptance, Unifund CCR Partners or Encore Capital, you need to take immediate action. Here are three things you must immediately do to win the credit card lawsuit in Nebraska:
- File a Written Answer to the Lawsuit. Over 90% of the time defendants fail to respond to the lawsuit and the creditor is awarded a Default Judgment. Not filing a written answer to any lawsuit is probably about the biggest financial mistake you can make. Just by filing a simple written response there is a substantial chance the creditor will drop the lawsuit since they often cannot prove you owe the debt. Written responses must be filed with the Clerk of the Court within 30 days of receiving the lawsuit papers (the “Summons”).
- Demand a Copy of the Contract. Most junk debt buyers do not have any proof that you owe the debt. As documented by the 162-page Federal Trade Commission Report on the debt buyer industry the debt buyers “did not receive any documents at the time of the purchase. Only a small percentage of the portfolios included documents, such as account statements or the terms and conditions of credit.” It is hard for debt buyers to win a breach of contract case unless they can produce . . . err . . . the contract. Write a letter to the plaintiff’s attorney demanding all their documents, including that often nonexistent contract.
- Respond to the Plaintiff’s Discovery Requests. If you are bold enough to file a written response to a credit card lawsuit, the creditor’s attorney will likely send you “Discovery” requests such as Interrogatories (written questions you must answer) , Request for Admissions (requests to admit or deny certain facts), and Requests for Production of Documents (send us all your paperwork). Watch out, this is a set up. If you fail to respond to these discovery requests the court will issue a summary judgment in favor of the creditor. You can avoid that unpleasant result by just responding to their requests within 30 days. If you really want to stir up the hornets nest, reply in kind by demanding that they answer your questions, request for admissions and provide documents to you. Don’t be intimidated—you have the right to demand answers as well.
As documented by the 162-page Federal Trade Commission Report on the debt buyer industry the debt buyers “did not receive any documents at the time of the purchase. Only a small percentage of the portfolios included documents, such as account statements or the terms and conditions of credit.”
As kids we all learned the story of the foolish Chinese emperor who paid his tailor for invisible clothes only to be embarrassed by a child who shouted that The Emperor Wears No Clothes! In a similar fashion, these credit card plaintiffs pack no proof of the debt, and the smart person should seek out legal help to prevent a default judgment and subsequent wage garnishment. For a reasonable flat fee, Sam Turco Law Offices will defend you against these credit card lawsuits. Call or email for a free consultation.