Motion to Dismiss credit card Lawsuit

You’ve been served a credit card lawsuit; now what do you do?? If the collection agencies are contacting you and you’ve been served papers, it feels like you’re up against a wall all of a sudden. This would all be so much easier if you could afford a great attorney, right?? Wrong! You don’t need a lawyer to fight your case. You are most capable of handling this sort of thing on your own. Would you like to know how I know that? I have fought back and won credit card lawsuits myself! With my help you’ll gain the know-how on how to do the same.

First, I’m going to tell you about the collection agency that is suing you and their ulterior motives. These guys are expecting you to call them and settle or not even answer your summons, but when you do that they get a Default Judgment. Our little friends use this judgment to legally freeze your bank accounts and garnish your wages. Still thinking about ignoring your summons? I didn’t think so. You still have a fighting chance. Not responding is equivalent to just giving up.

Winning your credit card lawsuit all starts with the actual complaint. There are a few questions you might need to ask yourself in the beginning. As you look over the complaint you may be wondering “who this company is”. You might also wonder how a $1,000 limit turned into an $8,000 lawsuit. “How did this random company come up with this number?” Have you located the contract that you supposedly signed which agrees to the information on this complaint? Where is the proof? For more questions that you’ll want to go over when receiving your lawsuit, visit howtowinacreditcardlawsuit.com.

Figure out if the plaintiff is the original creditor who you opened up your credit card with or if they are stating that they are the assignee of the original creditor. If the plaintiff is listed as the assignee of the bank that you originally opened your credit card with then what gave this “Assignee” the legal right to sue you under contract that you signed with the original creditor?

To avoid a default judgment you MUST answer your summons listing all your affirmative defenses. If you answer your summons correctly then chances are that the collection agency will dismiss the case because they don’t want to deal with people who are well aware of their rights and will fight back. In order for the collection agency to win the case they have to have all the documents with proof once you’ve decided to fight back. If they can’t prove all the information from above to you, then they likely cannot prove it in court either. When sued by the original creditor a fresh bill and the original creditor most likely have the documents to prevail in a court of law, but being sued by junk debt buyers is different. The junk debt buyers must have many documents to prevail in a court of law and 90% DON’T have the documents to prevail. Find out more on how this process works using my Defendant’s Package at www.howtoanswerasummons.com.

Looking to find the best way to battle collection agencies and respond to court summons, then visit www.courtsummons411.com to find the best advice on winning your lawsuit.

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