A Bankruptcy and Debt Relief Lawyer and Attorney Andy Miofsky

2249 Pontoon Road, Granite City Illinois 62040


An Illinois Bankruptcy Lawyer and Attorney 618-931-1313 Offering Chapter 7 and Chapter 13 Bankruptcy Attorney information in Madison, St Clair & Southern Illinois counties

Credit Card Collection
Hire a lawyer to defend yourself against credit card collection lawsuits.  Credit card companies are projected to make over 5 billion offers of new accounts each year.  From these offers, they anticipate opening 26 million new account.  Many of those account holders will fall behind in payment and default.  The credit card companies file hundreds of debt collection lawsuits in local courts each months.  95% of these lawsuits result in judgment against the debtor.  I want to help you win your credit card collection lawsuit.  I want you to be a winner.


Credit card companies try to collect money on delinquent accounts in three ways:  in house through a company debt collection department; by a third party debt collector hired by the company; or by selling the account to a debt buyer.


In Illinois, a party that files a lawsuit to collect a debt on a contract is required to attach a copy of the original contract to the lawsuit.  The court and the other party is entitled to see the contract that is the basis for the debt.


Most credit companies do not keep copies of the original credit agreement between the lender and the borrower.  I attended a Federal Trade Commission workshop in Washington D.C. along with representatives of the leading debt collection associations.  These debt collectors told me they do not want to be responsible to maintain and warehouse documents for the millions and millions of credit accounts.


Most debt collectors only have an account summary that contains the name, address, account number, and amount of the debt.  Debt collectors will try to use this limited information against you in court.  A good lawyer will object to this information on the basis that it is inadmissible as unreliable hearsay evidence.


The proper way to introduce evidence of debt is to produce the original contract along with an itemization of debt.  This can be done with properly authenticated business records and a competant witness that testifies under oath.  Most credit card collection attorneys do not have these business records.  Most debt collectors do not bring a witness to court.   Records may be unavailable, witnesses may be costly to produce in courthouses across the country.  For whatever reason, an experienced credit card lawsuit defense attorney can help you win your case.
Website Builder