Law & Court : What to Do if Sued by a Credit Card Company

Before a credit card company files suit, a better course of action is to contact them to find out if they are interested in negotiating an alternative payment plan. Discover how the judgment from a suit can affect a credit score with legal advice from a certified family mediator in this free video on laws and the court.

Expert: Robert Todd
Bio: Robert Todd is the managing partner and president of Robert M. Todd, P.A. and Family Law Solutions.
Filmmaker: Christopher Rokosz

[missmarie]

5) If the CC is who is suing you (with good verifiable evidence) or the JDB is not backing off, then this is where you enter the Discovery phase.
This is where you make an attmp to settle. Start out asking to settle for about 25% of the total amt owed. If it's a JDB, then they pay literally pennies on the $ for the debt so they usually settle for much less.

[missmarie]

Make sure that ANY document correspondence u have w/the plaintiff's attorney is notarized & a copy is sent to the court clerk. Have the clerk stamp the copy to b sure & keep a copy for urself. Make sure that docs to the atty are sent via certified mail also.

Never admit any of the complaints and ESPECIALLY don't give access to ur acct number. Only pay when u have the settlement in writing & it is processed w/the court.
Most IMPORT is DO NOT ignore the Summons!!!

[missmarie]

3) In the Answer put "Defendant requests verifiable evidence of debt."

4) They send you a reply with "evidence." If it is a junk debt buyer they won't have the proper docs to win (since you did not technically enter a contract with them) so they may back off in which case you request that the case be dropped. Can't remember the form. I'll get back to you on that. In this case the CC has already charged off on the debt.

[missmarie]

For people that REALLY want to know about how to handle this here is the procedure for where I live and it might help you.

1) Submit an Answer & a Declaration of Attendance form w/in the time limit in the Summons. (usually 20 days)

2) Deny all charges (they are numbered) in the Summons by stating either "defendant disagrees" or "too vague." For ex, if they only put part of your acct # you have no way of knowing it truly is your acct.

[missmarie]

@AceOfHeart2012

Well, it depends on whether or not your OC hired a firm to collect the debt or if it was sold to a Junk Debt Buyer. Nonetheless, if you don't go to court to defend your case when being sued then ANY judge will assume guilt and issue a default judgement in the OC's favor. Look it up in the debtor boards forum. YOU MUST GO TO COURT to defend your case. It's imperative if you want to defend your case.

[AceOfHeart]

That's from Trinsey v. Pagliaro and it's never been overturned. The instant a prosecuting attorney opens his pie hole object. Tell the judge that if the prosecutor intends on testifying that you want him sworn in because all he's doing is reading from his paperwork. He has no first hand knowledge of the matter and cannot witness for the plaintiff. I guarantee you, a prosecutor will set himself on fire before he swears to tell the truth. Conditional acceptance works. You owe me money. PROVE IT!

[AceOfHeart]

Wikipedia-debt buyer. If sued by a third party debt collector simply write and ask to examine the wet ink signature contract signed by you and their agent authorized to bind their agency in lawful contract. They can't do it because there is none. This attorney 'at law' is quite like one of those debt buyers and as a third party interloper has no first hand knowledge in the matter. "Statements of counsel in brief or in argument are not sufficient for motion to dismiss or for summary judgment."

[missmarie]

If u do then the court will enter a default judgement in favor of the plaintiff & they will be able to take ur personal property, garnish ur wages, or empty ur bank acct.

Better to have a defense than nothing at all.

It's intimidating at first, but if you do a little research you really can learn a lot.

[AceOfHeart]

@missmarie273 I beg to differ. I did exactly what you describe. I ignored the summons. It's only an invitation to a corporate business meeting. It's voluntary. If it wasn't, they wouldn't require YOUR signature for THEIR paperwork. It's THEIR paperwork. Not YOURS. So what do I care? I don't. The summary was issued. The attorney wanted a (signed of course) financial disclosure statement, Threatened contempt of court charges and everything. I wrote him one letter which he dishonored and now...

[mars]

Hello. Can you tell me on a Judgment Award do you have 30 days to pay off the Judgment award, After the 30 days then it goes in to the Default Judgment. Also can they come to your Home and take your stuff from your home. I live in Oklahoma. Thannks

[AceOfHeart]

@missmarie273 ...that Civil Judgement shows as a Paid Civil Judgement on THE NAME'S credit report. Like I said, THE STATE is a fiction. It's ALL voluntary. The dead give-a-way is that your signature is required on everything. If it were a real law (and not a statute/code violation which only apply to persons) your signature wouldn't be required to 'make the instrument'. Plus, in commerce you have 72 hours (3 days... sound familiar?) to vitiate any contract (including a speeding ticket).

[missmarie]

@AceOfHeart2012

If you never responded to the Summons and Complaint or showed up in court and the OC has a default judgement against you then you kinda screwed yourself. If you are Judgement Proof-meaning you have no money or assets- then they really can't take anything. You can't squeeze blood out of a turnip, right? It doesn't mean they won't continue to collect though If you DO have assets, then they can attempt to garnish wages, drain your accounts, or attempt to seize property.

[AceOfHeart]

@missmarie273 I sent a summons back on one once. The attorney got a judgement and I was to fill out a financial disclosure statement (which I did ignore). He wrote again informing me that I was 'under court order' to provide this document and I conditionally accepted with: "I'll show you mine, if you show me yours." Never heard another peep out of him. Then, I sent documentation of his dishonor to the credit reporting agencies and it now shows as a 'Paid Civil Judgement'. Where's the contract?

[PQXLR]

@mars188 Getting a judgement is one thing, getting paid is another.
Depending on your state they may be able to garnish your pay, BUT only the IRS can come and take you stuff....house and home.
Not credit card companys.Check this vid out
Sued for Debt--Why Your Chances to Win Are So Good
and this ONE Too !Everybody is PAID off as soon as they turn your signature in to the FED banksters.If you paid off your card - they get paid TWICE.
How to deal with debt collectors and win...

[AceOfHeart]

Never consent to being THE NAME on their paperwork. The 'person' re-presented is dead. This is why your 'given' name appears in ALL CAPITAL LETTERS on commercial and negotiable instruments. It's also why you will never see a name on a grave stone in proper Upper And Lower case English. It's because they're dead. Statutes only apply to 'persons'. Flesh and blood man created government and the created can never be greater than the created. "I do not consent to any of it."

[missmarie]

@JasonJG

Did you answer the Summons and Complaint? If you do they automatically get a default win against you an can pretty much do whatever they want. According to my research 90% of the time they do not have the proper documents to support their case so when you answer and learn how to respond the correct way they back down.

[missmarie]

@missmarie273

Sorry, I meant "if you don't"

[AceOfHeart]

@missmarie273 Not without a contract. Maxim of Law: All is commerce. All commerce is contract. No contract, no controversy. No controversy, no case. Third party debt collectors never have a contract with you. If there's no contract, there's nothing for a judge to rule on. It's all just paper. You are flesh. This is what the Bible refers to re: equal yoking. It has nothing to do with inter-racial marriage. It has to do with commerce. Paper to paper. Flesh to flesh. The law of like kind.

[AceOfHeart]

It's all about 'honor/dishonor'. The last offer, if ignored stands as truth in commerce. ALWAYS re-offer/counter-offer. Document everything and if you do wind up in court, you'll have your paper trail showing that yours was the last offer that was dishonored when they didn't counter offer. That's how I beat 'the big one'. They dishonored everything I sent them. The last thing they want is you in front of a judge with that on your plate. Always re-offer, never deny you owe. That's dishonor.