Can I be sued by a law firm representing a credit card company for debt? 38 Answers as of August 26, 2011

Can I be sued by a law firm representing a credit card company for a 1500.00 debt.

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Heupel Law
Heupel Law | Kevin Heupel
Certainly. It is common for credit card companies to sell the debt to a collection company and it is legal.
Answer Applies to: Colorado
Replied: 8/26/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
yes, creditors use collection law firms to proceed with collection
Answer Applies to: Washington
Replied: 8/11/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Yes
Answer Applies to: Maryland
Replied: 8/6/2011
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Yes. These are routinely filed. If you receive a summons, you have 30 days to respond. If you respond and deny the complaint, the credit card company must prove that you owe the money. If you ignore the summons and complaint they will take a default judgment. After they have a judgment they can obtain a writ. The writ is sent to the a levying officer, usually the sheriff, who will go after bank accounts, record liens, garnish wages, etc. A judgment lasts for 7 years and can be renewed forever, 7 years at a time until paid.
Answer Applies to: California
Replied: 8/5/2011
The Port Law Firm
The Port Law Firm | Edward Port
The answer is yes. The only way for a creditor other than an individual to file a lawsuit against you, the creditor must hire an attorney. The attorney must have the appropriate documentation supplied by the creditor in order to succeed. In Florida, please note that if the creditor does succeed a judgment could be entered against you. This is a document signed by a judge that reflects an amount of money that you owe the creditor. With this judgment your wages may be garnished and your bank accounts may be frozen. You should seek professional advice if you have been served with a lawsuit. Sincerely, Edward N. Port DISCLAIMER The information in this reply does not constitute legal advice and should not be relied upon for any bankruptcy planning purposes. Bankruptcy planning is necessarily very circumstance-specific and therefore the reply is only intended to educate. Additionally, the information given in this reply is not meant to be a substitute for legal representation. You should consult with a local attorney regarding your suitability for the information stated herein under your local laws. The Port Law Firm, PA shall not be considered your attorneys until a fully-executed client retainer agreement is executed. Further, any tax consequences that may incur in the implementation of the strategies herein should be reviewed by an independent professional tax advisor. Nothing in this reply should be construed to be any advertisement for legal services directed to a state wherein The Port Law Firm, PA is not admitted to practice. Nothing in this reply is any substitute for the services of a licensed attorney in the relevant jurisdiction. The Port Law Firm, PA does not practice in any jurisdiction unless one of its attorneys has been admitted to practice there, or an attorney of the firm has been properly admitted pro hac vice according to the local court rules of that state.
Answer Applies to: Florida
Replied: 8/5/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    Absolutely.
    Answer Applies to: Oregon
    Replied: 8/3/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 8/3/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Yes, you can be sued by a law firm representing a creditor on a defaulted debt.
    Answer Applies to: Colorado
    Replied: 8/3/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    Yes, you can be sued by a credit card company (the attorney files the suit on their behalf) for nonpayment of debt. These collections lawsuits can be stopped by filing bankruptcy. At that point, the credit card company would have to get permission from the bankruptcy court to lift the automatic stay in order to continue to pursue the debt. That, however, would not be granted absent some pretty unique circumstances.
    Answer Applies to: Ohio
    Replied: 8/3/2011
    Law Office of John C. Farrell, Jr.
    Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
    Yes, you can be sued by a law firm representing a credit card company for a $1,500 debt. The reason why a law firm is involved is because the creditor hired it to go after the money it is owed. Collection attorneys are handling many cases similar to yours and even for smaller amounts. In the old days a debt this small would typically not see the light of a courthouse but those days have changed significantly. If you have been sued already you have the right to file an answer. As a pro se debtor you can go to your local court and get a form. I would deny all claims against you. You can then try to work something out with the law office on repayment of the debt. If you do not have the ability to pay, that is a area which you can certainly state to the court that you have no means of paying right now or in the foreseeable future. The creditor will most likely go forward and get a judgment against but remember that doesnt mean that they will get even a penny from you. There are plenty of debtors out there that are what I call uncollectable which means many 100s or even thousands of debts going uncollected. That being said, you can negotiate for a lesser balance but it does take some skill. Debt negotiation is an aggressive alternative to other debt reduction methods or bankruptcy. Also, be very mindful that you, even as a debtor, have rights under state and federal law. You are also a consumer. As a consumer you have rights under state and federal laws.
    Answer Applies to: Massachusetts
    Replied: 8/3/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes, the law firm,, assuming that it is representing the credit card company, can sue you for the debt and get a judgment against you. They can then garnish your wages or your bank accounts if don't pay them. It is such a small amount, I would try to work out a payment plan or a settlement with them. The cost of them suing you and their fees will be added on, quickly making it significantly higher in amount. Good luck!
    Answer Applies to: Michigan
    Replied: 8/3/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    I"m not sure if this is a serious question or not, but the answer of course is "yes."
    Answer Applies to: California
    Replied: 8/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, you will be sued by the credit card company. Lawyers don't sue people or companies. Lawyers represent the people and companies that sue people. Most of the time lawyers will not handle cases for such small amount but corporations must be represented by a lawyer in court (although there is an exception for small claims cases where lawyers are not allowed to represent the parties.) If you are being sued by a company in a court, other than small claims court, then the company will need to have a lawyer handle the case even if the amount is small.
    Answer Applies to: California
    Replied: 8/3/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Yes, unless there is a discharged of the debt in a bankruptcy.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    The law firm would either be representing the credit card company as legal counsel, or in some instances the firm may actually purchase the debt then file suit in their own name.
    Answer Applies to: Ohio
    Replied: 8/3/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    Any contract that has been breached, including a revolving charge card, can be taken to court by an attorney representing the credit card company to collect on the unpaid balance, regardless of the amount. Only an attorney can represent a corporation or similar entity.
    Answer Applies to: Utah
    Replied: 8/3/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes.
    Answer Applies to: Virginia
    Replied: 8/3/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Yes. A law firm may be hired by the creditor to file a lawsuit against you or a law firm may have legally purchased that debt and now have a claim against you to collect on it. The amount of the debt does not have a bearing on whether or not you can be sued.
    Answer Applies to: California
    Replied: 8/3/2011
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    Yes. Most if not all credit card companies and banks hire law firms to represent them in filing law suits to recover on past due debts.
    Answer Applies to: Oregon
    Replied: 8/3/2011
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