what if the lawyer doesn't have details about my credit card debt

by Prof. Camylle Doyle 6 min read

Do I need a lawyer for credit card debt?

You'll need to demand proof from the debt collector that you're the person who owes the debt. An attorney can help you make the debt collector produce the original documents so that you can show that your signature, Social Security number, and other personal information doesn't match that of the actual debtor.

Can a credit card company sue the wrong person for debt?

May 27, 2020 · It is very possible that the debt accumulated by using credit to help make ends meet. When the credit card debt is eliminated, the access to those credit cards will vanish as well. You will have to make a determined effort to live within your Social Security check and any other benefits you might be eligible for.

Do I need a credit Lawyer to repair my credit?

Nov 09, 2021 · If paying the debt costs less than the lawyer would cost, hiring said lawyer for something you might be able to work out on your own merely increases what comes out of your bank account. You must determine how much time you have to respond to the complaint by calling the court clerk or searching court websites.

How can an attorney help me get out of a debt?

May 29, 2019 · Call them now, it only takes a few minutes for a free credit consultation. 1.888.337.8339. 👍. Call now for a FREE consultation. CALL 833-337-8339. This is where a credit lawyer can help. A credit lawyer works for you to: Work with the credit bureaus to remove errors from your credit report.

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How can I settle a credit card debt when a lawsuit has been filed?

A debt collection lawsuit can potentially be resolved with debt settlement. You can do this on your own or hire a debt settlement attorney to help. You can make a payment plan with the creditor to pay off the sum of the debt or partially pay the sum in a lump-sum settlement.Nov 28, 2021

How do I remove a debt from my credit report after statute of limitations?

Debt that is past the statute of limitations. If this is the case, then you can either call or write them a letter detailing your state's statute of limitations and demand that they remove the information from your credit reports and cease all collection activity.Nov 29, 2016

How long can a credit card company pursue a debt?

four yearsA statute of limitations is a law that tells you how long someone has to sue you. In California, most credit card companies and their debt collectors have only four years to do so. Once that period elapses, the credit card company or collector loses its right to file a lawsuit against you.

How do you respond to a credit card lawsuit?

An answer document for a credit card lawsuit contains the following elements:Name of Plaintiff (creditor or debt collector);Name of the debtor (you);Case number;Affirmative defenses;Date of response;Respondent's contact information (your address).Jan 11, 2022

Can a 10 year old debt still be collected?

While a debt collector can't sue you for a debt that is older than your state's statute of limitations, they can still make an attempt to collect the debt. This means they can continue to call and send letters to get you to pay up.Jan 7, 2022

How do you ask for goodwill deletion?

If your misstep happened because of unfortunate circumstances like a personal emergency or a technical error, try writing a goodwill letter to ask the creditor to consider removing it. The creditor or collection agency may ask the credit bureaus to remove the negative mark.Dec 8, 2021

Can you sue a credit card company?

Federal law permits you to sue the credit card company if it does not follow the dispute procedures discussed above or takes some action forbidden by law (such as reporting a disputed amount as delinquent to a credit bureau). However, your right to sue may be limited by a mandatory arbitration provision.

How long before a debt is uncollectible?

four yearsIn California, the statute of limitations for consumer debt is four years. This means a creditor can't prevail in court after four years have passed, making the debt essentially uncollectable.Oct 26, 2021

Can credit card companies garnish bank accounts?

Creditors can't just attack your bank accounts because you were a little late or stopped paying your bills. To be able to levy or garnish your accounts, creditors and collection agencies have to go through legal channels.Jun 4, 2021

Is a credit card statement Proof of debt?

At a minimum, proper debt validation should include an account balance along with an explanation of how the amount was derived. But most debt collectors respond with an account statement from the original creditor as debt validation and that's generally considered sufficient.Jan 28, 2022

How do I fight Capital One in court?

All you need to do is go to solosuit.com, and you can quickly begin the process. That said, there are a few simple rules you should keep in mind when fashioning your Answer to the Capital One Complaint. Respond to Each Numbered Paragraph.Jan 14, 2021

How do you Answer a summons without a lawyer?

Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).Aug 12, 2019

Why Is It Important to Get Documentation of The Debt?

The servicing, buying and selling of debt has become so commonplace that often the original creditor does not have the account for very long. This...

Before You Are Sued: Requesting Verification of The Debt

If you are contacted by a debt collector, the Fair Debt Collection Practices Act (FDCPA), and many state debt collection statutes, provide you with...

When You Are Sued: Getting Documentation of The Debt

If a debt collector sues you, most state and local procedural rules put even heavier documentation requirements on both the debt collector and cred...

What happens if you default on a credit card?

Those hits can accumulate and lead to damage that can take months or years to fix. And the credit bureaus and credit card companies and other lenders don’t care about your circumstances.

How to get rid of negative items on credit report?

Work with the credit bureaus to remove errors from your credit report. Work with the credit bureaus to remove negative items from your report sooner than they might fall off naturally. Possibly settle with debt collection companies for a fraction of your original debt or a workable payment plan of some type.

What is credit repair?

Credit repair is the process of correcting the information that the major credit bureaus have in your credit files—the information used to create your credit reports. You can do credit repair yourself, with the help of a credit repair company or with the services of a credit lawyer. A credit lawyer—also called a credit repair lawyer—is an attorney ...

Is a comment on an article commissioned by a bank advertiser?

Comments on articles and responses to those comments are not provided or commissioned by a bank advertiser. Responses have not been reviewed, approved or otherwise endorsed by a bank advertiser. It is not a bank advertiser's responsibility to ensure all posts and/or questions are answered.

What happens if a debt collector sues you?

If a debt collector sues you, most state and local procedural rules put even heavier documentation requirements on both the debt collector and creditor. In many states, a creditor or debt collector that is suing for collection of an account must: state in the complaint why the account or document is not attached.

How much can you sue a debt collector?

Under some state fair debt collection acts, you can get more than $1,000 in statutory ...

What is a copy of a credit card agreement?

A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you. If the account has been sold to another creditor, then that creditor must prove that it has the right to sue to collect the debt.

Can you counterclaim a debt collector?

If the debt collector suing you previously did not verify the debt after you timely requested debt verification, you may file a counterclaim against that debt collector within the same lawsuit, requesting your own damages. Some states also allow you to countersue for damages against the creditor itself for failure to verify the debt. (To learn about other defenses in collection lawsuits, see Defenses to Credit Card Debt Lawsuits .)

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Nowadays, it's common for people to receive collection letters or to be served with a lawsuit by a creditor or collector that they've never heard of.

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