Credit card debt is one of the most burdensome kinds of debt that Americans face. The avalanche of debt can undermine wages and throw a family into an abyss of upside down payments that make it feel like you’re on a debt treadmill that keeps going and growing faster and faster. Consumer debt approached $14 trillion after the second quarter of 2019, according to the New York Federal Reserve which was the twentieth consecutive increasing quarter in the U.S.
However, there are many nuances to fighting credit card debt that can be aided by a legal debt defense team like Boca Raton, Florida’s GM Law Firm, who are experienced with lawsuits pertaining to debt to assure you’re looking at all the angles to battle the problem.
When a debt collector or credit card insurer sues a customer, the first course of action is to respond to the suit in the court ordered timeframe. Upon doing so, you can work with a debt legal specialist to plan your defense and hopefully get the debt resolved or dismissed. You can always seek professional legal advice or help with a debt lawsuit from the GM Law Firm.
“When a consumer understands the laws specifically enacted to protect them, they can approach their debt strategy from an offensive instead of defensive position,” asserts Chantel Grant, Esq., a GM Law Firm lawsuit debt specialist and Senior Partner. “It’s important to know your rights when faced with a debt lawsuit.”
Credit Card Debt Lawsuit Defenses
There are several defensive positions a debtor can take in a looming credit card debt lawsuit. Finding the right one will be key in fostering a positive ending. Some of these include:
- Wrongful Service of the Summons
- Statute of Limitations
- Violations of the Fair Debt Collection Practices Act
- Lack of Standing
- Fraudulent Credit Card Charges
- Mistaken Identity
- Breaking Down the Different Debt Defense Strategies
Wrongful Service of the Summons
Each state has unique service process standards and if a creditor has not complied with the state regulations for proper service principles, the case can be thrown out. Let’s examine these in greater detail.
Statute of Limitations
There is a specific time to enforce the debt and properly file a suit against a citizen which differs from state to state. The clock starts at the time of the last payment and can last anywhere from three to six years depending on the state. In some cases under this scenario, the debt may be too old to enforce which could force a debt dismissal.
Violation of the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects citizens from egregious and aggressive debt collection agencies. The FDCPA requires debt collectors provide validation of your debt when requested and stop collection activities until they do. The act also prohibits harassing debt collection activities.
Lack of Standing
Since credit card companies sometimes sell outstanding debt to third-party purchasers, you can fight back against these third party collection agencies who often don’t have the right to attack the debtor. If the suing party is not the original creditor, you can assert “lack of standing” as a debt lawsuit defense. It becomes that third party’s burden to prove that they did, in fact, purchase the debt and have the legal right to pursue it’s payment.
Fraudulent Credit Card Charges
Identity theft is one of the most violating and frustrating activities that can happen in today’s credit scape. But If your credit has been compromised, don’t wait until a lawsuit ensues. The best bet is to hire a debt legal specialist to help resolve the issue.
It’s important to stay on top of your identity. If a claim or lawsuit has been lodged on your name that is the same or similar to yours, you will have a defense as mistaken identity or wrongful conviction.
Keep in mind that debt collector harassment is real and can put you on a positive course of action to actively fight back.
When facing daunting debt, the best course of action is to protect yourself from a debt lawsuit with a legal firm like the GM Law Firm by your side. No matter what, find a company that can help navigate the murky waters and fight for the best debt resolution settlement based on your circumstances.