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What Happens When You Are Sued Over Old Credit Card Debt?

Have you ever received a summons for breach of contract due to old credit card debt? Or do you have collectors calling you daily and threatening legal action? For many “junk debt collectors” it has become big business to start lawsuits over old credit card debt (which you may have charged off and believe you are “untouchable”).

If you’re like most Americans who are hounded by creditors, you probably ignore their calls and letters and think they’ll just go away. Bad. The New Kind of Junk Debt Buyers DELIVERY WITHOUT COMPLAINT TIME!

What is a junk debt buyer?

There are many, many such companies and they all operate under different names and aliases. Companies can buy charged-off debt from the original creditor for pennies on the dollar. It is not uncommon for these debts to be bought and sold again and again and again.

What does this mean?

Well, let’s say you had an old credit card from 1999 that you didn’t use and eventually stopped paying. The original creditor (OC) settles the debt, closes their books, and sells YOUR debt to a third party junk debt buyer (JDB). JDB pays pennies on the dollar for its debt.

If you agree to settle even half of the debt (if you pay a debt collector, always negotiate the debt, they often settle for 70% of the original amount because they still make a HUGE profit!) JDB still makes an obscene amount of profit ROGED .

However…there is good news if you have one or more of these JDBs after you. They are confident that the majority (some estimate as many as 97%) of Americans sued for old credit card debt will not show up to trial or attempt to file a lawsuit in any way. . Even if you owe it, it’s the worst thing you can do!

Here’s the dumpling…

If a creditor judges that you have good prospects of repaying the debt and you have not responded to their demand for payment, they will transfer you to their ‘legal department’.

Many of these junk debt buyers or debt collection agencies have maintained law firms that are basically collection agencies disguised as law firms. They are usually staffed by a legitimate lawyer and the rest of the staff are plain old debt collectors. All these JDBs have to do is file a complaint (typically for breach of contract) with the civil or district court in the county where you live. They pay a nominal fee and a process server to personally serve the summons on you.

YOU CAN SERVE AT YOUR WORKPLACE OR HOME!

You generally only have twenty (20) days to respond to the subpoena, which is a document you must file in person with the court and send a copy by certified mail, return receipt requested, to the attorney representing the creditor.

IF YOU DON’T ANSWER WITHIN 20 DAYS (OF THE DATE IT WAS MADE), A DEFAULT JUDGMENT WILL BE GRANTED AGAINST YOU AND THIS WILL GIVE THE COLLECTOR THE GREEN LIGHT TO FREEZE YOUR BANK ACCOUNT AND COLLECT YOUR WAGES!

Note: “Collection attorneys” are often junk debt buyers themselves and actually own the debt.

Most breach of contract lawsuits are filed in civil court, NOT small claims. Lenders are smart and know that in civil courts you must be represented by a lawyer or you can represent yourself if you have to follow the court’s normal rules and procedures. This is called a “Pro Se” litigant.

A “Pro Se” litigant must file a proper legal pleading and represent themselves in the same manner as an attorney. It’s actually very simple, but it’s understandable why so many litigants are put off by this, and why civil judges often spend an afternoon or two a week hearing complaints and entering default judgments because VERY FEW defendants know how to/don’t they have time to figure out how. to respond within (20) days.

If there is a DEFAULT JUDGMENT (which happens in over 90% of these cases because people don’t have the time or knowledge to fight back!) then your creditor AUTOMATICALLY WINS THE CASE!

The creditor does not even have to appear in court, and OFTEN DOESN’T! CHECKING YOUR ANSWER WILL AUTOMATICALLY ISSUE IT TO THE BASIS OF THE JUDGMENT (THE CREDITOR)!

Over 90% of credit card debt lawsuits end in a default judgment because the defendant does not appear and/or respond. This is a GOLDEN NEAR for lenders!

They expect you NOT to RETIRE and are literally counting on the fact that over 90% of debtors will roll over and accept the judgment. The amounts these companies sue are often ridiculously inflated and have NO RECORD KEEPING REQUIREMENTS to support their claims, and they are NOTORIOUS for violating the Fair Debt Collection Practices Act and collecting illegal debt. The statute of limitations for debt collection can range from 3 to 10 years, depending on your state’s regulations. You can easily Google the SOL in your state.

If you provide a proper “ANSWER” within the required time frame (usually within 20 days), the chances are VERY GOOD that the case will be thrown out! They don’t want to actually fight you in court, that costs time and money. AND OFTEN they have no records to back up their claims.

When they have JDB’s purchase debts, they get minimal information. In many cases, the credit card agreement (and statements) you signed are not available because the original creditor closed your account years ago. Also, YOU never signed any contract with the collection agency…that’s another defense you can raise.

If you’re still hesitant to fight back, consider the following:

They will track your credit report electronically…every purchase or even loan application will raise a red flag. They will know if you bought a new car, house, boat, or any other asset that they can put a lien on.

DEFAULT JUDGMENT MUST BE AVOIDED AT ALL COSTS! PAY OFF YOUR LOAN FOR A MINIMUM OF 7-10 YEARS!

The good news –

In May 2007, I received a summons for breach of contract. I immediately started RESEARCH…AND RESEARCH……AND RESEARCH.

I’m middle class and got into debt in my early twenties. I paid sporadically, not realizing it had a detrimental effect on my credit report. All told, I think I actually paid about $1,000 with a VISA card. My account was passed to various collectors where I paid a large amount or two and then heard nothing… and then another such collector came along. I finally stopped paying. My sporadic payments didn’t even hurt as they kept increasing my balance.

Despite the late fees, over the limit fees, and interest charges, I felt like I was probably paying a lot more than I originally owed and then I just couldn’t keep up. They pretty much fell off the face of the earth for many years and I forgot about them. I got married, bought a house (with a very high interest rate), a car, had a child, etc…… then last May some car with a bang pulled up to my house and sent out a summons while I was out. I watch my daughter ride a bike. It was very disturbing. I was sued for $5000 plus legal fees and had 20 days to respond with an ANSWER. The wording was such that I knew the “collection attorney” expected me to just accept the judgment.

So, I started my RESEARCH, not easy but worth it. I started researching the law library, checking legal message boards, NOLO law books, and credit repair blogs and websites. I spoke with an extremely helpful court official who explained to me how these companies operate and I was fortunate enough to consult with a consumer protection attorney.

All my work paid off and my creditor dropped the claim.

Regardless of the exact situation, the first step is to SUBMIT THE RESPONSE. Your creditor either drops the claim or gets a court date. In all likelihood, the creditor won’t show up for the court hearing (which automatically gets you fired), and if they do, you’ll be in a better position to negotiate a settlement or payment plan with them.

Use the internet, there are many, many people in the same boat as you. There are several useful message boards that are a good place to start.

Try to remember that even though the debt is yours, you have every right to justify their claims against you. These companies are making huge profits off of hard working Americans and you owe it to yourself and your financial future to face the music and fight your case as best you can.

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