When you’re unable to pay your credit card bills on a regular basis or have gotten in over your head with credit cards, the company may eventually file a lawsuit against you. As the defendant in such a case, you do have options for contesting the charges and possibly settling the case. A lawyer that focuses on San Diego credit card lawsuit defense can help you understand the specific circumstances of your matter, but you’ll probably find some general information on your options helpful.

Credit Card Lawsuit Defense Options in San Diego

Make sure to respond to the lawsuit. You’ll receive notice of the lawsuit via the Summons and Complaint the plaintiff files in court, detailing the claims against your for nonpayment of your debt. As soon as you’re served with the paperwork, the clock starts to tick: You need to file a response in court, admitting and/or denying the plaintiff’s version of events. If you don’t respond, the claims made by the creditor will be considered true by the court and you won’t be able to defend your interests.

Request proof of what you owe to the credit card company. The plaintiff has to prove each of the claims against you, either by testimony or documentation. Failure to do so can result in the case against you being thrown out, so it’s to your advantage to request that the creditor show the grounds for the lawsuit.

Contest the lawsuit. In the written response you file in court, you can contest the charges made by the plaintiff. If successful, you may be able to have the case dismissed. Some options for challenging the lawsuit include:

• Statute of Limitations: In California, a creditor has four years from the time the debt became due in order to file a lawsuit against you. If the debt collector fails to initiate litigation, they’re forever banned from doing so after that date, under a law known as the Statute of Limitations.
• Issues Related to Service: There are rules related to serving you with the Summons and Complaint. Only proper officials can personally deliver the lawsuit documents, and they usually do so at your normal place of residence.

 

Consider a countersuit. You may be able to file a lawsuit against the plaintiff for violations of the Fair Debt Collection Practices Act. The FDCPA contains provisions that protect you as a consumer from such unfair practices as harassment by your creditors. If the plaintiff is found to be in violation, you may be entitled to recover attorney’s fees and costs.

Hire an attorney. Credit card lawsuits can be overwhelming if you don’t have the legal background to understand your options, contest the charges against you and engage in settlement negotiations. The opposing attorneys will be aggressive in pursuing the plaintiff’s case and they know the relevant laws and legal remedies. This is why it’s important to consult with a legal professional with expertise and experience in defending these types of cases.

Credit Card Lawsuit Attorney in San Diego

Contact a credit card lawsuit attorney in San Diego for more information on your rights and with any questions about your case.

Daniel R. Gamez, an attorney focusing exclusively in debt settlement, is licensed to practice in all state and federal courts in California and Texas. Mr. Gamez owns and operates the Gamez Law Firm in La Jolla, CA. For more information, please contact Daniel Gamez at 858-217-5051, daniel@gamezlawfirm.com or visit gamezlawfirm.com.