Credit Card Company Sues You: First 3 Steps

Being served with a lawsuit for debt is a startling and scary experience. Whether you’ve been served by a credit card company or a debt-buyer, you should not delay seeking counsel. Doing so could result in a default judgment against you. This is a grim prospect. Fortunately, you can avoid it by taking three simple steps.

Step 1: Do Not Panic

Though this experience is new to you, it’s more common than you might think. According to the National Consumer Law Center, in one recent year, around 70 million Americans had or were contacted about a debt collection, with 15% of consumers actually being sued for debt.

Though these numbers sound grim, there’s a silver lining here. These statistics mean you’re definitely not alone. Because this a more “common” legal matter, law offices are well equipped to help you prepare your case.  That includes us here at Warren & Migliaccio.

Step 2: Consult with Legal Counsel

Unfortunately, not every person being sued for credit card debt takes timely action to mount a defense. As we mentioned above, it is not wise to do nothing when a credit card company sues you, as inaction inevitably leads to a default judgment against you. Once that happens, the consequences set in.

Common methods taken post-judgment to collect money from you may include:

• plummeting credit score
• levying your bank account
• forced sales of possessions
• property attachments
• property liens
• property levies

Fortunately, matters need not lead to such extremes. By consulting with legal counsel, you can create a strategy by which you can respond to your summons properly.

 

 

Step 3: Properly Respond to Your Summons

A debt defense attorney will best know how to respond to your summons. Here in Texas, that starts with filing a written response to the allegations against you. Even if you should choose to represent yourself in such a case, this response isn’t just something you can simply throw together and submit via e-mail. In drafting your answer, you will need to follow the standard procedures for forming and filing a legal response and submitting it at the courthouse.

Knowing what information to include, what not to include, and how to form your response in a way that will effectively represent your situation and sway the court to your side is something a skilled attorney will know how to do. Consulting with one to help you respond to your summons is perhaps the most important step you can take in handling your credit card debt case.

Gaining help in responding to your summons can result in:

• no more debt collection calls
• a swift and effective resolution of your case, often including discounted settlements and a reasonable payment plan to allow for repayment over time
• a path back to stable finances and a restored credit score

Responding to your summons properly, in a timely way, and with the advice of experienced legal counsel is the surest step you can take toward seeking a positive resolution for your case.

What If I Already Have a Judgment Against Me?

If you already have a judgment rendered against you, all is not yet lost. A skilled attorney may still be able to resolve the judgment and work out a deal to avoid post-judgment collection methods.

We Can Help

Are you being sued for credit card debt in North Texas? Or do you already have a judgment against you? Warren & Migliaccio, LLP Attorneys at Law serves the Collin County and Dallas County area, and we would love to hear about your case and determine how we can help.

For more information on our services, or to schedule a free consultation to discuss your case, please feel free to contact us. We look forward to hearing from you.