How do I respond to a credit card lawsuit? 11 Answers as of December 21, 2012Credit card company filed lawsuit. Lawyers representing the credit card company keep calling. Same lawyer filed the lawsuit and wants me to respond to the suit within 30 days, but the response goes back to the law company that represents the credit card company and who filed the suit...is that right?
Law Office of Michael L. Fine | Michael L. Fine
If a lawsuit was filed against you, you must respond. Otherwise, the plaintiff will get a default judgment and you will be in real trouble. You most definitely need to consult with a consumer attorney, such as myself. Consultations are generally free. You likely have defenses and counterclaims, and you would be remiss to attempt to defend on your own.
Answer Applies to: Ohio
Elniski Law, P.C. | Keliann Elniski
Make sure the papers you received are actually suit papers. Were you served? You typically have 20 days to respond to the claim if you were personally served. If you received via mail or other than personal service, you have 30 days to respond. Your Answer would be filed with the court where the suit was filed and the law firm representing the credit card company would be copied. There are many collection companies that send papers suggesting you are being sued or will be sued. Make sure you read them carefully or seek counsel to review and advise.
Answer Applies to: New York
Law Office of D.L. Drain, P.A. | Diane L. Drain
Yes, but also the court. What are you going to respond? If you owe the debt then the creditor will be awarded the debt, plus court costs and attorney fees. Consider a workout with the creditor's attorney or look into bankruptcy. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answer Applies to: Arizona
Park Law Offices LLC | Kevin Parks
You should consult with an attorney. Suits on credit collections can be complicated, and if you defend the suit and don't have a particularly good defense, it's possible that you're ultimately just adding to the total that may become due as attorneys fees. Many creditors are willing to negotiate a settlement on the balance. While this may depend on the circumstances of your case, you should have an attorney analyze your situation and provide advice on the options that may be able to be pursued.
Answer Applies to: Oregon