Being sued by a Credit Card company?
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Defaults on credit card accounts are at an all time high. Too many consumers obtain too many cards and then cannot keep up with the payments.
If a credit card company files a lawsuit against you after a default, they must prove certain issues in order to prevail in their case. First and foremost, they must prove that they are entitled to commence a lawsuit against you. This can be done by any number of ways.
The credit card company must produce some sort of documentation showing that you agreed to establish an account with them. This typically would be by way of a written application that bears your signature. If they fail to produce such a document, you may have a defense or objection to their lawsuit. As you may be aware, many credit accounts are now being opened over the internet, or via telephone. In those instances, the credit card company should be able to produce an electronic signature page for internet applications, or, they should be able to produce written documentation that at a minimum summarizes the oral telephone application. If they fail to produce such documentation, again, you may have a valid defense or objection to the lawsuit.
The next issue that the credit company must prove is the terms of the account. This would include the principal charges, the interest rate, the default rate, the terms of payment and the remedies in the event of a default. These terms are typically forwarded to you after you have opened the account, or are included with your written application. Often times, the credit companies change the terms of the agreement while your account is active, and they are obligated to send you a copy of the new terms of the agreement. This becomes a crucial component of a credit collection case. The company must prove which terms apply to which charges on your account. A failure to do so on their part can provide a reasonable defense or objection for you as the consumer.
The next issue that the credit card company must prove is that a default occurred, and that they are entitled to sue you. This can often be shown by merely presenting evidence of a missed payment.
If a credit card company cannot produce sufficient evidence of all of the foregoing, then you may have a valid defense to any lawsuit that may be filed against you. Please be sure to consult your local attorney regarding the laws of your state, and credit card collection cases.
About the Author
Greg Artim is a Consumer Attorney with offices located in Pittsburgh, Pennsylvania. For more answers to your credit card defense or other legal questions, please visit his website at www.gregartim.com/creditcarddefense.htm
Source: Legal Articles on ArticlesTree.com
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