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What To Do When Being Sued By A Credit Card Company?


Once you have been given notice that you are being sued, you will need to file a response to each claim being made by your credit card company. This response (usually called the "answer") should be filed with the clerk's office and sent to the credit card company's attorney as well.

If you believe that the credit card company had violated any laws or made false claims against you, you may also file a 'counter-claim' against them. It is a possibility that the case against you may be dismissed if the credit card company cannot prove that you owe any debt to the credit card company ("prove the note") or if the judge finds that the credit card company had violated any laws against you.

If you do not respond after being served with a summons, the court may file a 'default judgment' against you. The default judgment simply means that the defendant did not respond, which will hurt your credit score and put you at risk of having your assets seized or wages garnished.

If you do in fact owe the credit card company, it may be an option to directly negotiate a payment plan with the credit card company. Many credit card companies prefer to receive payment rather than going to court and relying on the court's decision. If the credit card company is willing to negotiate a payment plan, you are agreeing to make payments in exchange for the case to be dismissed. If you fail to make the payments as agreed, the credit card company may resume legal action.

It is highly recommended that you hire an attorney to help you when you are being sued by your credit card companies. The worst thing you can do is ignore it the lawsuit. For more information, call an Orange County Bankruptcy Lawyer at 1st California Law at (949) 313-7252 for a free attorney consultation!

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