Credit Card Lawsuits

Credit Card Lawsuit

If you have a credit card account that has gone into default for missing payments, it is likely that the credit card company has "sold" your account to another company. These companies, who buy defaulted credit card and other unsecured accounts, are know as "Debt Buyers" or "Third Party Creditors." Debt buyers purchase defaulted accounts in what the industry calls a "pool of debt" or a Portfolio of Debt." So if you have been sued by a debt buyer, more than likely your account was bundled with 100's or 1,000's of other debts and then sold to the highest bidder in the Third Party Creditor Market. 

Because you may have never heard from or dealt with the company who bought your debt, you probably will not recognize the name of the company who is suing you. Some of the larger Debt Buyers are: Midland Funding or Midland Credit Management, Portfolio Recovery Associates, LVNV SPV I, Calvary SPV, Absolute Resolutions, CKS Prime, and the list is long. 

We defend individuals against these credit card lawsuits filed by debt buyers by attacking the evidence they attempt to admit in court.  We have an extremely high rate of winning these cases because we know the exact rules of evidence and civil procedure to apply in these types of lawsuits.  

Fenters Law Firm can provide the following assistance if a Debt Buyer has filed a lawsuit against you:

• Handle your case from start to finish.

• Dealing with court appearances, pleadings, and hearings.

• Win your case or refund the fee you have paid. 

• File a motion to dismiss the lawsuit. This could be done if there are any legal defects in the lawsuit, such as if a Debt Buyer did not properly serve you with the lawsuit. A lawyer can review the lawsuit and determine whether there are any grounds for dismissal.

• Represent you in court. If the case goes to trial, your lawyer will represent you and argue your case on your behalf. A lawyer can help you to prepare for trial and to present your case in the best possible light.

• Help you to understand your legal rights and options. This could include explaining the different types of defenses that you may have to the lawsuit, as well as the potential outcomes of the case. A lawyer can help you to make informed decisions about your case.

• Help you to protect your credit score. A lawsuit can damage your credit score, so your lawyer can help you to take steps to minimize the damage. A lawyer can advise you on how to deal with a Debt Buyer and to protect your credit score.

• Help you to get out of debt. If you are unable to pay off your debt, your lawyer can help you to explore options for debt relief, such as bankruptcy or debt consolidation. A lawyer can help you to understand your options and to choose the best option for your situation.

If you have been sued by a Debt Buyer, it is important to contact a lawyer as soon as possible. A lawyer can help you to protect your rights and to get the best possible outcome in your case.

Here are some additional things to keep in mind if you are sued by a Debt Buyer:

• Do not ignore the lawsuit. If you do not respond to the lawsuit, a Debt Buyer may be able to obtain a default judgment against you. This means that you could be ordered to pay the debt, plus interest and fees, even if you believe that you do not owe the debt.

• Be aware of the statute of limitations. The statute of limitations is the time period in which a lawsuit must be filed. If you believe that you have been sued for a debt that is beyond the statute of limitations, you may be able to have the lawsuit dismissed.

Debt buyers are regulated by the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt buyers from engaging in unfair, deceptive, or abusive practices. Debt buyers must identify themselves when they contact consumers, and they cannot harass or threaten consumers. They also must provide consumers with accurate information about the debt that they are collecting. 

Once Fenters Law Firm wins your case, the debt buyer must remove the account from your credit report.

If you believe that a debt buyer has violated the FDCPA, you can file a complaint with the Federal Trade Commission (FTC). We can also file a lawsuit against the debt buyer.

For more information about the FDCPA, you can visit the FTC's website: https://www.ftc.gov/credit.