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Best Review - Top 6 Steps To Take If Sued For Credit Card Debt By Junk Debt Buyer
eing sued for credit card debt is not a pleasant experience. No one really wants to think about it, but it's happening to a large number of Americans. The U.S. economy is very bad. There are many unemployed people who can not find a job and have stopped looking. Also, there are many who can't find a good full time job so they have to work two part-time jobs. Food prices are going up and housing cost are high. If difficult to pay for necessities like food and housing, much less credit card debt. We are in very hard times. This article is being written to help anyone who is going through this now and for those who might in the future. I hope it will take away some of the stress and fear for anyone who ends up in such a situation.
Before I get into the top steps, I want to clarify. There are different types of credit card suits. The type I'm writing about is lawsuits brought by junk debt buyers of credit card debt. They are also called bulk debt buyers. What they do is buy old debt accounts from credit card companies. Typically, after a period of time, the credit card company give up on trying to collect the debt from the customer and close the account and write off the debt against their business. Then the junk debt buyers swoop in and buy the debt from the original credit card company for pennies on the dollar. They are villains. It's the junk debt buyer who file suit against the credit card customer. If you're being sued by a junk debt or bulk debt buyer, then it is highly possible that you can have the suit against you dropped and dismissed.
The first step to take if you're sued by a junk debt buyer for credit card debit is to stay calm. It can be a scary ordeal because in some states a sheriff's deputy is the one who comes to your house to issue the summons. It can give you a heart attack, but don't stress out. Don't go on a drinking binge. Being sued is serious, but it's something that you can handle and come out on top.
Once you calm down and settle down, you need to read the summons. It will contain who it is that's suing you and what for. It will tell you the instructions for answering the summons. It will have dates, times, and deadlines. It will have the address of where you need to file your answer to the summons. It will have the place you will need to appear in court.
Don't make the mistake of automatically assuming that you owe the debt. Do not call the company or the attorney of the plaintiff to discuss the case. The burden of proof is on the junk debt buyer to prove that the debt is yours, that the amount owed is correct, AND that they own the debt. Typically these junk debt buyers do not have proper evidence that you owe the debt. They probably will not have your signature on any contract, credit card terms or any such detailed records. Neither, will they have adequate proof that they own the debt. It's not impossible that the debt has been bought and sold several times. It is possible that different junk debt buyers may claim to own the same debt.
Decide if you are going to represent yourself in court or if you're gong to hire a lawyer. There are many people who have researched these kind of suits and studied the specific laws in their state. They have represented themselves in court against junk debt buyers and have won their case. If you decide to represent yourself in court, then you need to answer your summons and file the proper forms before the deadlines and appear in court at the appointed time.
I personally recommend hiring an attorney to represent you. You can find good lawyers who specialize in these kind of cases and handle them daily. Do a search online for lawyers in your area. Call them for a free consultation. You can ask them questions about your particular case. They will discuss their fee upfront. I've found the cost to be very affordable and they will work out a payment plan with you if needed. Once you have a lawyer you may be able to just fax the summons to him/ her. They will answer the summons and file all of the necessary paperwork for you. They will also appear in court for you. You don't have to personally be there. Your lawyer will take care of everything.
If you decide to represent yourself you would need to do what the case requires based on your research. Or do what the judge has requested you to do. If you hire a lawyer you will wait to hear from him to keep you updated on your case. Many times, what happens is that shortly before your court date, you will be contacted by your lawyer letting you know that the plaintiff dropped their case and it has been dismissed. Oh happy day! You see, once the junk debt buyer gets contacted by your lawyer who is experienced in winning these kind of cases, they usually back down and drop their case against you.
You win if the junk debt buyer drops the case. If you represent yourself in the case it's possible that the junk debt buyer will not be able to prove their case against you either. Even if they win the judgement, you still win in a way because you will not just roll over and let them win without a fight. They will not wipe out your bank account nor garnish your wages. The judge will hear the case and be sure that a fair and reasonable payment plan can be negotiated between you and the plaintiff.
I hope the information in this article helps to encourage those who are currently being sued by junk debt buyers. If you have a family member or friend going through this please pass this information along to them. I'm sure it will give them some idea of what to expect and take a load of stress off of them.
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