What to Do When Being Sued for Outstanding Credit Card Debt

Posted By Law Office of Simon Goldenberg, PLLC || 17-Apr-2017

Unlike the federal government, who can garnish your wages if you don’t pay back your loans, private lending companies like credit card companies generally cannot garnish wages without taking legal action. When you receive notice of a credit card lawsuit, take the following steps.

Don’t Ignore It

It can often be tempting to just ignore a situation in the hopes it will disappear eventually. However, unlike 3rd-party debt collectors, you can’t just hang up on a court of law. If you ignore the lawsuit, your credit card company can get a default judgment against you, which will give them additional powers to collect the debt, including seizing your bank account or garnishing wages.

Organize Your Documents

While you’re preparing to go to court, go through your files, records, and mail to collect any information you have about the credit card debt.

Hire an Experienced Defense Attorney

If you’re getting sued by a lender, it's important that you take appropriate action promptly. Your initial lawsuit answer will set the foundation for the defense of your case, so this step should not be taken lightly.A seasoned lawsuit defense attorney will be your ally in identifying your strongest defenses, so that whether you take the case to trial, or you negotiate a settlement, you will be in a position of relative leverage.

You'll want to have an advocate that is familiar with the unique facts of your case so as to maximize the savings achieved on any potential settlement. Furthermore, it's always reassuring to know that your stipulations and other legal documents are being reviewed by a license lawyer before they are being signed.

Show Up to Court

The court will schedule a hearing, and you or your lawyer will have to be there at the right time and place. If you don’t show up, the creditor could become entiled to a default judgment against you. Depending on the circumstanced, the court may or may not excuse a default for failing to file court papers or for failing to hire an attorney on time.

If you’re facing a lawsuit, make sure you’re prepared. Talk to our New York and New Jersey debt defense lawyer today. Simon Goldenberg is a highly skilled lawyer who has years of experience helping people with debt settlement. Contact us at (888) 301-0584 or fill out our online form to schedule a free initial case consultation.

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