Fighting A Credit Card Lawsuit? Know Your Rights As A Debtor!

by Steve Jen Nothing Being sued for credit debt is quite intimidating, no doubt. You are served with a lawsuit by your credit card company or a debt collection agency who you may have heard nothing about; you find out that you are thousands of dollars in debt; it causes, both, emotional and financial strain on you and your household. This is why it is best for you to learn how to protect your rights in case of a lawsuit and pay close attention to the information you are presented with. Listed below are a few facts that should be on your finger tips if you are fighting a credit card lawsuit.

How to know if you are being sued?

It is a common practice for debt collectors to send multiple mails and notices. If you see documents titled ‘a Summons’ and/or ‘a Complaint’, this means that you are being sued. These types of documents are generally delivered by a sheriff or a professional delivery service personally. If you have received such documents, you must:

•    Go through the documents carefully
•    Save all the dates stated in the documents in your calendar
•    Seek legal advice

Know where your case is being Heard

The name and address of the court in which you are being sued will be stated in the Summons and Complaint documents. Also, the amount of money claimed in the lawsuit also dictates which court will be hearing the case. Normally, amounts under $75,000 are dealt in District Court, while claims exceeding this amount are heard in Superior Court.

They cannot take it All

If the court has ruled against you, the plaintiff, now known as “Judgment Creditor” can tap into your resources to get the amount of money they claimed. This may include your pay checks, your bank account and your property including personal (such as car, appliances) and real (land and house). However, there are ‘exempt properties’ which cannot be accessed by the Judgment Creditor. These include:

•    Temporary Assistance for Needy Families (TANF)
•    Unemployment Compensation
•    Workers' Compensation
•    Pension and Retirement benefits
•    Clothing
•    Social Security (SS)
•    Household goods up to $2,700 for a single person and $5,400 for a married couple
•    Supplemental Security Income (SSI)
•    75% of your pay check

Do you know your right as a creditor? You can get the complete set of information regarding your rights by ordering The Defendant Package at How To Win A Credit Card Lawsuit.

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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