“Help! I Got A Credit Card Lawsuit!”
Ventura Credit Card Lawyer
So, you’ve been served with a credit card lawsuit. The process server came to your door. Maybe he or she left a summons and complaint for a credit card lawsuit with your kid while you were at work.
Now, you’re worried about your wages being garnished, or your bank accounts being levied, or your property being taken.
Are You Screwed By This Credit Card Lawsuit?
No. Emphatically, No.
Where I practice (Ventura, Los Angeles and Riverside County, mostly), I receive lots of calls and emails from people who have been served with lawsuits from:
- CACH, LLC
- Mandarich Law Group
- Portfolio Recovery Associates
- Nelson & Kennard
- Kenosian & Miele
Or some of the other debt collection law firms who do big business in Ventura & Los Angeles counties with credit card lawsuits and debt collection lawsuits.
First And Most Important: Don’t Panic When Served With A Credit Card Lawsuit.
When you’re served with any lawsuit, you have 30 days (in California) in which to respond. You must respond to the credit card or debt litigation. If you don’t respond properly, and within the proper time-frame, the Plaintiff will take a default – meaning they win by default.
You don’t want to have a default judgment entered against you. If the debt collector takes a default, within a short period of time, your wages can be garnished and your bank account can be levied, with very little notice.
Credit Card Litigation: What Should I do?
- Don’t panic
- Don’t try to defend a credit card lawsuit by yourself
- Find a qualified Consumer Lawyer or Debt Defense Credit Card Attorney
Should You Defend Yourself?
You can defend your own litigation. You are permitted to defend yourself in any court in the country. However, your credit card lawyer knows what defenses to use. You can’t go to court and ask nicely. Your debt defense attorney will know how to use the California Rules of Evidence and the California Rules of Civil Procedure to force the debt collector to prove that they own the right to collect the debt. To prove that the amount is correct. To prove that they have the right to collect this debt, from you, in this exact amount, at this time.
If the credit card collection company cannot prove even one of those items, it’s likely that your debt lawsuit may be dismissed by the collection agency, or by the Court itself.