Credit Card Debt Defense
If you are getting sued by a credit card company, give Davis Consumer Law Firm a call immediately at 855-4-DAVIS-LAW for a free, no-obligation case evaluation (855-432-8475). You will need to respond to the suit within the time provided in the summons where in some instances, you will need to raise your defenses in that response or they will be waived. We are knowledgeable in the defenses that may help your case.
First and foremost, if you believe that you do not owe the debt, NEVER give in to the creditor or collector and agree to a settlement. Your creditor may be using tactics which are against the law to collect the debt in question. The plaintiff (the creditor or debt buyer) always has the burden of proof in a debt collection case. In layman's terms, this means that the plaintiff has to come up with evidence to prove to the court that (a) the plaintiff has the right to sue you; (b) the debt is yours; and (c) you owe the exact amount of money that the plaintiff claims you owe.
If you believe the debt is yours:
You have a right to try and negotiate a settlement, if you so choose. That is where we can use our knowledge and experience with the creditors on the burden of proof to make sure you get a settlement that works for you.
If you do not wish to negotiate a settlement, cannot afford to make a settlement agreement, or if your income is exempt from debt collection, we can often put the plaintiff to its proof. There is usually a good chance that the plaintiff will be unable to meet its burden, and your case will eventually be dismissed.
Tell Us About Your Case
Don't put it off anymore. Let us help you get the collectors off your back. More often than not, debt collectors across the country are using vicious and illegal tactics to get their victims to pay. You may be entitled to $1,000 in FDCPA violations. Tell us about your case today.