Causes of the Defense Credit Card

Whether or not you believe the media about a declining U.S. economy, one thing is certain, debt collectors are actively presenting robes to collect debts. A large collection firm based in Atlanta showed that presenting an average of 279 cases of collection day. One cause is often the last effort of the creditor in an attempt to collect a debt. If the harassing and often illegal collection calls were not enough, once a person is sued the reality of the situation is realized. However, for the defendant, not all hope is lost. By the time the credit card company or other creditor files the cause, it may actually be too late to legally collect the debt, if properly defended. Often with the assistance of a lawyer for a lawsuit to collect a debt can be defended, negotiated, or has had the better right to the defendant. Before you start feeling sorry for the credit card company, remember, are the same company that offered an interest rate of 6.9% and when it was a day late on a payment the interest rate increased to 24 , 9%.

Run to the defense of the suit:

First, "YOU HAVE TO ANSWER THE PROCESS". A collection law firm I know that there has telephone set so that "Mr. Default" arrives on the caller ID. Mr. default, it's nice for a collection attorney, but also tells a story. Once a lawsuit is filed, the name of the game for the Collector is the judgment of default. A default judgment is the result of a lawsuit if the defendant does not file a timely response. Default judgments are important to collectors because it means you do not have to prove you owe money, how much you owe, and, above all, and this is a secret agent for the credit card company or other creditor shall not in court.

Once a default judgment is entered, all potential defenses to the full are lost and no one should go to court to prove the debt. Hence "ALWAYS FILE answer" unless you want a visit from Mr. Default. However, be careful. In some jurisdictions all affirmative defenses the defendant must be presented at time of submission of the original response with the court or the defenses are lost forever. An affirmative defense basically tells the court, so I might have to the money, but legally I still win because the cause. . .. Feeling bad for the creditor, see above 24.9%.

What kind or defenses are common in cases of debt you ask? The most common are the statute of limitations, statute of frauds, waiver, estoppel, improper plaintiff, improper defendant, invalid debt transfer, violation of bankruptcy discharge, and violation of the Fair Debt Collection Practices Act The last is not really a defense, but it works like this. Of course, most lawyers would find it difficult to determine which, if any of the defenses are available in a particular case.

If you are sued you really should consult with a lawyer about your case collection....