Why You Should Always Fight a Credit Card Lawsuit in Nassau

Being sued by a creditor can be a frightening experience. If the creditor prevails, they could get a judgment against you and cause major damage to your credit score. A creditor with a judgment against you could also potentially garnish your wages or even have a lien put on your property.
Fortunately, it is possible to fight credit card lawsuits and you will often win if you make the choice to fight. An experienced Nassau bankruptcy and debt relief lawyer can assist you in defending yourself against the creditor lawsuit and can help you to find solutions to dealing with a creditor action against you.

Why Fight a Credit Card Lawsuit in Nassau

Most often, a credit card lawsuit is not actually filed by the original credit card lender but instead is filed by a debt collection firm. These firms may file hundreds or even thousands of lawsuits per month and they don’t usually expect plaintiffs to actually fight the lawsuits. Debt collection firms are often inexperienced and litigation and don’t actually have the time or resources to pursue the case, but instead just hope that you won’t fight and they’ll win by default.
When you do fight, there is a good chance you can get the case dismissed or settle for pennies on the dollar. You may even be able to get sanctions against the collection firm that filed the lawsuit, if they did not have a good faith intent to pursue the claim and participate in the discovery process.
Advantages to fighting exist at every step after the lawsuit has been filed. For example:

• Most complaints are boilerplate and only the names and amounts owed are changed. You may be able to demur the complaint, and at this point, some debt collectors will actually dismiss the case rather than dealing with all of the paperwork requirements that arise.
• The discovery process is paperwork intensive. As a plaintiff, you have the right to request paperwork and information from the creditor showing standing to sue. You can also file discovery motions requesting additional information. Debt collectors often fail to respond and don’t want to take the time to assemble paperwork. If the debt collector doesn’t respond, you can file a motion with the court to seek sanctions. The debt collector may drop the case at this point, or the case may be dismissed (make it possible for you to seek costs). You likely will also be offered a settlement.

The majority of cases do not progress to trial, and if your case does, the worst case scenario is that the creditor will win and you’d be in the same position as if you hadn’t fought (except around 12 months later, with a much longer period of time with no judgment against you).
Debt collectors rarely want to go to trial though, so chances are you can settle at this stage for far less than you owe.
The Law Offices of Robert D. Weiss, P.C. will help you to fight a credit card lawsuit in Nassau County brought by a creditor. Call today to schedule a consultation and learn how we can help.