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Credit Card Lawsuits in Services in New York and New Jersey


Strong defense against credit card company lawsuits

Many consumers rely on credit cards to make ends meet, but once you fall behind in your payments, it is difficult to catch up. Credit card companies are aggressive in their collection efforts — they will sue you. If that happens, you should consult a credit card lawsuit defense attorney. M. Cabrera & Associates, PC has a record of success in defending credit card lawsuits and helping clients get out from under crippling debt.

What to do when being sued by credit card companies

When a credit card company sues you, you will receive a summons and a complaint. When that happens, contact an experienced credit card debt defense attorney immediately. Our attorneys will make sure your answer to the complaint is filed with the court before the appropriate deadline. If you ignore the complaint or miss the deadline for the answer, the credit card company can get a default judgment against you. Once the credit card company receives the judgment a lien is placed on real property. The credit card company can also garnish your wages, if employed and attempt to seize non-exempt money in your bank accounts or joint bank accounts that include your name.
Most credit card lawsuits end in a default judgment in favor of the credit card company because consumers fail to file in a timely fashion. Sometimes, the consumer's answer fails to deny the credit card company's allegations or does not state a legitimate defense. The attorneys at M. Cabrera & Associates timely file your answer, begin debt negotiations with the credit card company and raise strong arguments in your defense.

Possible defenses to a credit card company lawsuit

A variety of defenses are available to consumers who have been sued by a credit card company. But you may waive your defenses if you don't raise them at the proper time and in the proper manner. Defenses that our attorneys might make on your behalf include:
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  • Statute of limitations has expired. This means the credit card company did not file the lawsuit within the allowed time period.
  • Improper service. If the plaintiff failed to properly serve you with the summons and complaint, you have a valid defense.
  • Failure of creditor to prove it has the right to sue. Many credit card companies sell their past-due accounts to collection Debt Buyers. Mistakes in the transfer of the documentation supporting your debt may result in a lack of evidence to support that the Debt Buyer owns the debt — or that you even owe the debt.
  • Debt discharged in bankruptcy. If you have filed for bankruptcy and declared the debt at issue, the creditor is prohibited from taking collection action against you.
  • Identity fraud. If your identity was stolen, you are not responsible for debts that the identity thief incurred in your name.
  • Suing the wrong consumer. If you can prove that the debt is not yours, the credit card company's suit will fail.
  • Failure to give credit for payment. If you can show you have made payments that were not properly credited to your account, you may have a full or partial defense to the complaint.
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The quicker you get help in defending a lawsuit filed by your credit card company, the better you will be in the long run. Call M. Cabrera & Associates at 845-531-5474 to schedule a free initial consultation with a credit card lawsuit defense attorney,