Sunday, December 2, 2012

Credit Card Lawsuit Information: Explaining The Plaintiff


If you are facing a credit card lawsuit for the first time, chances are, you have very little to go on in terms of defending yourself. In this article, we will discuss basic credit card lawsuit information and getting to know the plaintiff.

Now, if you got served a summons by the court, you need to read the Complaint and the summons thoroughly because they contain all the answers you need to know about how you can answer the summons correctly. From the documents, you will also discover how much time you have to file your answer. If you did not answer the Complaint within the given timeframe or you ignored the summons completely, your credit card company or collection agency will win the credit card lawsuit through a default judgment.

From the Complaint, you will see the Plaintiff's name and the defendant's name. The plaintiff is essentially the junk debt buyer, the original creditor or a collection agency while the defendant is you.

The plaintiff is the one who filed the credit card lawsuit and is seeking compensation for the damages. Those damages are Money damages and should be indicated on the complaint document that alongside the summons. Therefore, to determine how much money you need to pay up once you lost the case, you will need to check the court ordered summons as well as the accompanying documents.

The plaintiff filed the credit card lawsuit because either you failed to respond to their collection calls or you failed to answer their collection letter, including failure to send a debt validation letter. On the last paragraph of the complaint that starts off with "Wherefore" and within that paragraph, the amount of money the plaintiff wants you to pay will be indicated.

These are just some of the basic information you need to check when you are facing a credit card lawsuit. You need to get as much information as you can if you plan to represent yourself in court. The first thing you need to do when you got served with a summons is to check your state's local court rules to determine whether or not you have to file an Answer to the summons and complaint immediate. In some cases, filing an immediate Answer to the summons and complaints is not the best move. If you are required to answer the summons right away, do so in a type-written and legal format to void the documents from being sent back to you.

Debt Collection Laws: Statue of Limitations Explained   Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court   Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Common Types of Bail Bonds   



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