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 Defense

Know Your Rights

You are entitled to notice of the lawsuit and you are entitled to a trial before a judge and, if you wish, a jury.  You do not have to settle your case with the credit card company attorney.  95% of credit card collection lawsuits result in judgment against the debtor because most debtors do not challenge the case.  Most debtors admit they owe the money and try to make small monthly payments.  Many debtors fail to appear in court and have a default judgment entered against them.  Some defendants never receive proper notice of a lawsuit and are not properly sued.  Some debt is old and is barred from collection by a statute of limitaions.

Request Proof of Standing To Sue

You are entitled to know whether the party suing you has standing to collect the debt.   If the debt collector is different from the original creditor, you are entitled to see a chain of ownership that establishes whether the debt collector owns the right to sue on the debt.

Request Proof Of The Debt

Most credit card collection lawsuit attorneys do not have evidence that you owe the money.  In order to collect money on a contract in Illinois a party is required to produce a copy of the original contract, the agreement between the parties.  You are entitled to request production of the contract to determine your obligations and defenses under that credit card agreement.

Request Proof Of The Amount Of The Debt

Credit card collection attorneys often only have an account summary of the debt.  Debt collection lawyers often do not have the original credit transaction receipts.  Often debt collection lawyers do not have an itemization of the amount of the principal balance, the amount of finance charges, or the amount of account fees.  The account summary usually contains a total balance owed as of a certain date.

Object To The Improper Offer Of Hearsay Evidence

Trial rules of evidence apply to credit card collection lawsuits.  The debt collector must present sufficient evidence to meet the burden of proof as to the elements of the case.  An experienced credit card lawsuit defense lawyer will object to the improper admission of hearsay evidence.  Business records must be authenticated by a competent witness.  Credit card collection attorneys rarely have a live witness appear in court.  Many cases are dismissed.

Hire An Experienced Credit Card Defense Attorney

An experienced lawyer knows what questions to ask and what documents to request to assist the defense of your case.  Your lawyer can help you win your case by objecting to the improper use of hearsay evidence against you.  And an experienced credit card defense attorney can determine whether the debt is time barred against collection by a statute of limitations.

Attorney Andy Miofsky is available for free consultation regarding credit card collection lawsuit defense.
Website Builder