Credit Card Lawsuit Defense Attorney in
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:
- More than 70 years of combined legal experience
- One-on-one, personalized advocacy
- English and Spanish speaking services
- Positive client testimonials
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.