Are you behind on your credit card payments? Is the creditor threatening to file a lawsuit against you? Or worse, have you been served with a lawsuit for an alleged failure to pay a credit card debt? Unfortunately, most people assume that since you made the purchases on the credit card then there are no defenses. This is not always the case.
Do not just let a credit card company push you into paying debts that you do not even owe. If you have been sued for credit card debt, force the company that is suing you to prove the validity of the lawsuit. Oftentimes, they are not able to. In many cases, debt collection agencies and credit card companies do not have enough proof to win in court, if you fight back.
One way to defend a lawsuit from a credit card company is to show that the debt collectors are acting outside the statute of limitations. In Florida, debt collectors must pursue any credit card debt within five years. Therefore, if your debt is older than this, the collectors may be acting outside of the statutes of limitation and the case may be dismissed. In addition, the credit card company must plead specific elements to bring a proper lawsuit against you, and they must be the proper party to enforce the debt.
As with most litigation timing is everything. A lack of action on your part can allow the debt collection agency to gain a default judgment against you and it is likely to be followed by a garnishment of your wages (up to 25 %.). Even when there were valid defenses available to consumers, once judgment has been entered it will be enforceable in Florida for a term of 20 years. This makes it imperative you hire experienced counsel as soon as you begin either getting collection letters or calls, or when you are served with a lawsuit against you.
Should you need representation or advice regarding credit card debt, please contact us today.