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Credit Card Debt

You got a “Summon” and a copy of a lawsuit it the mail from a company you never heard of claiming you owe them money. HmCredit Cardmm, you ponder as you scratch your head, then you remember a credit card debt from years ago that you thought disappeared. It wasn’t this much, what happened!!

Don’t panic because you have options and rights. Let’s look at a few of your options and rights.

Your Options.

This is NOT a good idea! If you do not appear in court, the debt collector may get a default judgement against you which you may have to pay. Even if you owe the debt it is best not ignore the summons, because you may not have to pay the entire amount.

This isn’t a bad idea, especially if you recall a credit card debt from years ago and it appears to be about the amount, but that debt may have years of late fees, annual fees, and interest that you should not be required to pay.

This isn’t a bad idea, most debt collectors will knock off some of the debt if you are willing to sign a settlement offer. Before you agree to settle, it is best to make sure that the the debt is yours, and you owe it to the debt collector. If they are overly willing to settle, the debt collector may know that they cannot prove that it is your debt and you owe money to the debt collector. Lastly, if you settle and start making payment, you may be required to make the payments even if you find out later that you did not have to pay them because the statute of limitations tolled.

Your Rights.

Yes, you have rights under both state and federal law. The debt collector must not violate these rights, because if they do you may have claims against the debt collector.

For example, a debt collector cannot

  1. Call your house every day of the week;
  2. Make threats; or
  3. Discloses information about your debt to a third party.

If any of these happen or the debt collector does something else that doesn’t seem right, you may have claims against the debt collector that may help you settle your case or even require them to pay your legal fees, this is especially important because not everyone has money to hire an Attorney.

This is what you should do.

  1. Put your court date on your calendar. You need to be there!
  2. Make a log of every call the debt collector makes noting the date, time and what they say.
  3. Save all the documents they send you, Attorney Corson will need to review these.
  4. Ask the debt collector for verification of the debt. By law they are required to provide you certain information. They will likely provide you with several pages of official looking documentation such as affidavits, bills of sale, and even a few statements. This documentation is often insufficient to prove their case.
  5. Send Attorney Corson a message below briefly describing your situation along with the name of the debt collector.

Attorney Corson has successfully represented credit card debtors in small claims court and would like to talk to you about your credit card debt. Attorney Corson offers flat fees and know how use the laws to require the credit debt collector to pay your legal fees if they violate your rights.

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