Defaults on credit card accounts are at an all time high in Pennsylvania and throughout the nation. A very common situation for our Pennsylvania clients is predatory or improper practices by the credit card companies that result in intimidation, threats and actually legal lawsuits for credit card collections.
If a credit card company files a Pennsylvania lawsuit against you after a default, they must prove certain issues in order to prevail in their case. First and foremost, they must prove that they have a legal right to bring a claim.
The credit card company must produce some sort of documentation showing that you agreed to establish an account with them. This typically would be by way of a written application that bears your signature. If they fail to produce such a document, you may have a defense or objection to their lawsuit. As you may be aware, many credit accounts are now being opened over the internet, or via telephone. In those instances, the credit card company should be able to produce an electronic signature page for internet applications, or, they should be able to produce written documentation that at a minimum summarizes the oral telephone application. If they fail to produce such documentation, again, you may have a valid defense or objection to the lawsuit.
A credit card company also has to prove the terms of their arrangement with you including showing the basis for their claim for principal charges, the interest rate, the default rate, the terms of payment and the remedies in the event of a default. These terms are typically forwarded to you after you have opened the account, or are included with your written application. Often times, the credit companies change the terms of the agreement while your account is active, and they are obligated to send you a copy of the new terms of the agreement. This becomes a crucial component of a credit collection case. The company must prove which terms apply to which charges on your account. A failure to do so on their part can provide a reasonable defense or objection for you as the consumer.
The next issue that the credit card company must prove is that a default occurred, and that they are entitled to sue you. This can often be shown by merely presenting evidence of a missed payment.
If a credit card company cannot produce sufficient evidence of all of the foregoing, then you may have a valid defense to any lawsuit that may be filed against you. Please be sure to consult your local attorney regarding the laws of your state, and credit card collection cases.
An experienced lawyer knows what questions to ask and what documents to request to assist the defense of your case. Your lawyer can help you win your case by objecting to the improper use of hearsay evidence against you. And an experienced credit card defense attorney can determine whether the debt is time barred against collection by a statute of limitations.
Many times a credit card company or their collection agencies will you inappropriate, overzealous and illegal tactics to collect a debt including harassment by telephone, email and mail at home and work as well as threats of legal action, criminal action, incarceration and wage attachments. All of those activities are illegal and contrary to the rights afforded you under federal and state laws, including the Fair Debt Collection Practices Act.
Our office works for you to make sure the credit card does not act illegally and also works with you to fight the credit card companies’ collection schemes and negotiate a fair and reasonable settlement of any legitimate claim.
Under the law, you are entitled to proper notice and service of a lawsuit and have a right to respond and deny any or all of the collection claim if you respond properly. Too often, the credit card company gets a default judgments because the consumer does not realize what their rights are. As Credit Card Defense Lawyer in Pennsylvania, we work with our clients to contest the cases, make the credit card company and their collection agencies proof every aspect of their case and work with our clients to resolve the case to their reasonable satisfaction.
As your credit card defense lawyers, we make the credit card company proof the basis of the debt, proof that they have jurisdiction and standing to pursue a claim, proof that the debt is not too old and barred from suit, contest their claim for litigation costs, attorney fees and liquidated damages, and object to improper evidence and hearsay evidence that the credit card company may try to introduce to avoid their own litigation costs.
