Credit Card Lawsuit Defense Attorney in Fort Myers
Sued Over Outstanding Debt? Call (239) 970-6844
Have you received a court summons saying you are being sued over unpaid
credit card debt? Credit card companies and junk debt buyers have been
known to file lawsuits as a last-ditch effort to collect on old debts.
These aggressive lawsuits can be frightening to consumers, oftentimes
leaving debtors unsure where to turn. At Your Advocates, our highly knowledgeable
Fort Myers credit card lawsuit defense lawyers can protect your interests
in court and fight to secure a desirable resolution to your debt.
Countless clients have trusted our firm to handle their cases for the following reasons:
Tell us about your situation during a
free initial consultation.
What Happens if I Don’t Respond?
If you do not properly respond to your court summons, it is highly likely
that a judge will grant a summary judgment in favor of the creditor. A
debt judgment can be devastating, as it can result in wage garnishment,
foreclosure, and the forced sale of your assets to satisfy your creditors.
In many cases, plaintiffs of debt cases do not expect you to respond and
do not have the necessary documentation to back up their case in the event
that their claims are contested. Simply responding with an attorney’s
help can sometimes be enough to prompt a creditor to drop their case,
as it may become unprofitable to pursue litigation.
How Can an Attorney Defend Me?
Upon a thorough examination of the circumstances of your case, an attorney
from our firm can craft a custom-tailored defense strategy that fits your
individual needs. Defenses that can be used include:
Insufficient Documentation: Oftentimes, these types of lawsuits are filed in large quantities by
junk debt buyers who have purchased old debt accounts from credit card
companies for pennies on the dollar in the hopes of suing for a massive
profit. In order for a plaintiff to prevail in a debt collection lawsuit,
they must be able to prove they are the rightful owners of the debt and
that the owed amount was legally charged. Since a debt account can change
hands from company to company multiple times before a lawsuit is filed,
plaintiffs may not always have the original cardholder agreement or other
important documents to prove their case, resulting in a dismissal.
Expired Statute of Limitations: Creditors in Florida can only pursue collection lawsuits within a certain
timeframe. If a signed written debt contract exists, a lawsuit may only
be filed within five years of the default date. If there is no written
contract, this window of time is even shorter at four years from default.
Claims that are filed after the statute of limitations has passed can
be challenged in court and are often thrown out.
Unfair Debt Collection Practices: Under
The Fair Debt Collection Practices Act, creditors are prohibited from using deceptive or overly aggressive tactics
when attempting to collect on debts. If your creditor violated these laws,
you may be able to file a
creditor harassment claim as a countersuit.
Fight Back Against Abusive Creditors
At Your Advocates, we know your rights and we know how to protect you against
these aggressive scare tactics. If you are facing a lawsuit over your
debt, our Fort Myers credit card lawsuit defense lawyers can provide the
hard-hitting representation you need to help you properly respond to your
court summons and seek a positive resolution to your situation. If litigation
is required, we are fully prepared to go the distance on your behalf in
pursuit of a fair payment arrangement on your behalf. Nobody should have
to face a credit card lawsuit on their own – make sure you have
a high-caliber attorney from our firm by your side!
Contact our office online today to get started towards building your defense.