Credit Card Lawsuit Defense

Why You Should Always Defend A Credit Card Lawsuit:

  • The law properly applied protects the defendant. We have an entire judicial system in place that requires the party bringing a lawsuit to prove its case.
  • Often the party bringing the lawsuit cannot prove its case and the defendant wins.
  • Even if you think you owe the money, sometimes you don't. Often a debt is sold and the party that has sued you does not own your debt. Consequently, if you paid that party, you may still owe the money to the party that really owns your debt. If you believe this is not possible or likely, give Kevin Pratt a call and he will gladly tell you of the incidences where he successfully defended such cases and saved his clients thousands of dollars.
  • If the contract you signed was not completed correctly, as a matter of law, someone other than you actually owes the money.
  • Perhaps the original creditor has sold the debt more than once. Even if you owe the debt, you have to agree that you only owe it once.
  • Sometimes the debt is so old that a lawsuit to collect the debt is barred by the statute of limitations.
  • You may have been a victim of identity theft. A creditor may decide to ignore the theft of your identity and make you a victim again by suing you for the debt. Some people believe that if the debt was incurred in their name and they did not immediately object, they owe the money, but this is often untrue. Even if it were true based on the agreement for credit, the plaintiff must prove you knew about the identity theft and that you were aware of the terms of the agreement that required you to promptly notify the creditor or be liable for the fraudulent transactions. Otherwise, the plaintiff will be unable to meet its burden at trial and you win the case.
  • The laws recently changed to make it easier for credit card companies to prove the case against a defendant. Although the attorneys at Kevin J. Pratt and Associates do not agree with the way some courts are applying the new law, the issue has not yet been appealed. Kevin is looking forward to finding the right case to take to the Court of Appeals and get a ruling that the credit card plaintiff's attorneys cannot simply admit documents with no witness to prove their case.

Why You Should Hire Kevin J. Pratt & Associates To Defend Against A Credit Card Lawsuit:

  • We have a great deal of experience with all of the large credit card plaintiff law firms in this state. They are very aware that our firm also files bankruptcies. We believe that we get better deals and better results in our credit card defense cases because the other side understands that it will simply be wasting resources to pursue a credit card debt when our firm is defending the case.
  • We get the best possible results.
  • You need an experienced attorney on your case as early as possible to ensure that no mistakes are made.
  • Affirmative defenses are legal defenses that can often reveal that you will win the case regardless of what the evidence will show.
  • Most people understand that if they do not answer a lawsuit, a default judgment will be entered against them. You should also understand that by defending a lawsuit, you can help ensure that even if you ultimately do not win the case, the judgment amount will likely be less than the plaintiff would have obtained if you had allowed him or her to simply obtain a default judgment.
  • Quality legal representation can be less expensive than you think.