Credit Card Lawsuit: Dealing With Junk Debt Buyer's Admission Request Lawsuit

During the discovery phase of a credit card lawsuit, you are bound to receive a series of questions you need to answer, including Request for Admissions, a set of statements that the plaintiff will ask you to either Admit or Deny. Just like Interrogatories and Request for Documents, you are given a certain amount of time to answer them otherwise; your creditor will win the credit card lawsuit by default judgment so make sure you submit the necessary response within the given time frame!

Your creditor expects you to not answer the Request for Admissions on time! If you failed to answer on time, the creditor will file for Motion to Deem Admissions Admitted, meaning you automatically admit to all allegations set by your creditor! But this works both ways, if your creditor did not answer the Request of Admit Facts on time, you too can file a Motion to Deem Admissions Admitted.

If say, you did not sent your Request for Admission on time and your creditor filed a Motion to Deem Admission Admitted and the motion is granted, the creditor will win the credit card lawsuit. Even if you are late, you can still file the documents, state your reason for the late filing, and pray that the court will give you more time to finish the Request for Admission.

It's important that you check with your state's local court rules to determine how much time you have to answer any documents and draft an answer as soon as you receive any documents that requires it or else, you will lose the credit card lawsuit and pay for all debt amount, including interest, penalty chargers and your creditor's legal fees!

Dealing with a junk debt buyer, as opposed to the original credit card company, can be a slippery slope because junk debt buyers will try to use the same Admissions to all debtors under and most of these questions do not have anything to do with the case at all. These questions are often sloppy, then don't make sense and junk debt buyers do not even care to correct them.

The good news is, as long as you are two steps ahead of these slime balls, you can win the credit card lawsuit. It all starts with giving the right answer ON TIME. This will ensure you that the other party will never win the credit card lawsuit by default.

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Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court

Most junk debt buyers and collection agencies do not have access to certain documents once original creditors closed the book on old, charged off card accounts and this makes it difficult to pin the debt on the debtors being sued.

In such cases, instead of presenting the original card agreement, the plaintiff will try to present old card statements as proof that the debt is owned by the defendant. Now, if you are in this type of situation, you need to learn everything you need to know about defense against credit card lawsuit and how you can work around creditors who claim to have the evidence to win their case.

Now, if your junk debt buyer or collection agent is threatening to send the copies of your old card statement to the court unless you pay the debt in question, plus interest, know that these documents need to be authenticated first. Having these statements will not hold much relevance in court nor could it be the basis for a collector's summary judgment motions if the documents are not certified.

In terms of defense against credit card lawsuit, you need to force the plaintiff to validate the debt and because they cannot simply file documents received from the original creditor, they will find it hard to prove the debt's ownership. With no trace of evidence, your creditor cannot simply press charges and win the lawsuit. Even if they have your old card statements, they will not hold much merits in court because only relevant documents, like the original credit card contract, will be deemed by the court as real proof that will tie your name to the account and debt.

Don't panic if a collection agent or junk debt buyer is applying scare tactics like filing old credit card statements and focus on building a solid defense against credit card lawsuit. Here's something you should keep in mind, no one is free to simply file anything they wish to court without authenticating such documents and in your creditor's case, they still have to defend any evidence they present in court.

Always check with your local court rules to determine what you can and what you cannot do in court. By making an effort to learn all the rules, you increase the chances of winning the credit card or at the very least, make life extremely difficult for your creditor to the point where they'd rather drop the case altogether.

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