Can I be Taken to Court for Credit Card Debt?

credit card debt

A credit card company or a debt collector may have filed a lawsuit against you. Here is what to anticipate.

Most certainly, a certified postal complaint was delivered to you if you were sued in a magistrate court. A complaint was enclosed in the letter that you signed for. Who is suing you and how much money they claim you owe are both disclosed in the Complaint. It’s possible that the business suing you is a debt collector. If they are a debt collector, you might not know who they are or recognize their name.

I advise you to contact our office at this moment. We provide free consultations with no commitment. Your best line of action can be determined with our assistance. The Complaint you received does, however, include a Notice requiring you to inform the magistrate whether you want to defend the lawsuit. If you don’t call our office, you will be compelled to comply with this notice. You want to defend it. They will issue a default judgment against you if you fail to defend it. 

Once a judgment has been obtained, the debt collector can proceed with more force to collect the debt. Once more, I urge you to contact our firm so we may discuss your options for defending you against the creditor. You are often not required to appear at the hearing if we are representing you. If you represent yourself, you must attend the hearing since you informed the court that you were presenting a defense.

The Credit Card Company or Debt Collector will be required to present their case against you first during the hearing. Then, you will have the chance to challenge whatever evidence they have given the court. This includes objecting to the evidence they are relying on to prove you are liable for the debt.

We are, believe it or not, rather effective at this stage in contesting the documentation used by the creditor to prove that you owe them money.

If you were served by the Sheriff, you will almost certainly be enrolled in the court arbitration program. This indicates that a three-attorney panel will typically hear your case. There are different rules for this arbitration than there were for the magistrate hearings we just discussed. 

Even so, it’s crucial to make sure you are knowledgeable on all of the evidence rules. These rules for evidence are used by our team to defend you in your case. We are frequently able to represent you in arbitration without you having to attend the arbitration or the magistrate hearing. It is critical that you contact our team as soon as you are served with debt collection legal paperwork so that we can build the strongest defense on your behalf.

We offer free consultations for our debt relief services and payment plans as well.  


If you have any questions about the topic discussed in this article, or any bankruptcy law matter, please give us a call at Bononi & Company 724-832-2499.


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