what kind of lawyer fights credit card companies that ruined your credit unfairly

by Dr. Waldo Howe 9 min read

An experienced criminal attorney can help to assist you in dealing with credit card fraud. In addition, an attorney can help you to bring a cause of action against any individual found that used your credit card. Jose Rivera

Full Answer

Should I hire a lawyer for a credit card lawsuit?

Feb 19, 2016 ¡ Find out how to fight credit card companies who are suing you from San Diego credit card debt defense attorney Dan Gamez. San Diego Office. 1465 Morena Blvd. San Diego, CA 92101; info@thedebtsettlementlawyer.com; 844-729-4866; Toggle SlidingBar Area. We Find Solutions For Your Debt Problems!

Can a credit card company sue you if you ignore them?

Who is the suing party in a credit card lawsuit?

Should you contest a credit card lawsuit or not?

Oct 15, 2013 · tel: (414) 431-1920. Private message. Call. Message. Posted on Oct 15, 2013. A civil litigator. Depending on the amount you are out hiring a lawyer may not be cost effective. I am a former federal and State prosecutor and have been …

Can I sue a company for ruining my credit?

Yes, you might be able to sue a company for false credit reporting. However, before you seek a civil remedy through the courts, you should properly exercise your rights under the law. Begin by challenging the information with the credit bureau.Jan 21, 2021

Can you sue for wrongful credit reporting?

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

How do you win a lawsuit against a credit card company?

7 Ways To Defend a Debt Collection Lawsuit
  1. Respond to the Lawsuit or Debt Claim. ...
  2. Challenge the Company's Legal Right to Sue. ...
  3. Push Back on Burden of Proof. ...
  4. Point to the Statute of Limitations. ...
  5. Hire Your Own Attorney. ...
  6. File a Countersuit if the Creditor Overstepped Regulations. ...
  7. File a Petition of Bankruptcy.
Jul 4, 2019

Can you sue a company for wrongfully sending you to collections?

You can sue a company for sending you to collections for a debt that you don't owe. If a debt collector starts calling you out of the blue, but you know perfectly well that you made the payment in question, the law gives you the right to file an action in court against the company.Jul 13, 2021

What happens if creditor does not respond dispute?

If they don't respond in time, the items you disputed are supposed to get deleted. Typically, each credit bureau will send you either a full credit report or a partial report with a cover page that summarizes any changes they've made.Aug 10, 2021

What is notice of correction?

What is a Notice of Correction? A Notice of Correction is essentially a short statement that you can add to individual items included in your credit report. It should be no more than 200 words, but it explains why a debt is showing up and why this is not reflective of your general approach to meeting repayments.

Can credit card company take you to court?

Warning! Credit card companies can drag you to court for unpaid bills, loans as small as Rs 10,000. The central government is considering bringing individuals as well as partnership firms under the Insolvency and Bankruptcy Code (IBC).Apr 6, 2018

What happens if you don't show up to court for credit card debt?

If you don't show up for the court proceeding, the judge automatically rules against you and will order you to pay the full amount. Credit cards are unsecured debt — meaning there's no collateral at stake, such as a home or car — so the lender has limited options for collection.

What does a debt collector have to prove in court?

The creditor has to prove who the borrower is

These include: Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt.
Mar 18, 2019

Can I pay original creditor instead of collection agency?

Even if a debt has passed into collections, you may still be able to pay your original creditor instead of the agency. Contact the creditor's customer service department. You may be able to explain your situation and negotiate a payment plan.Sep 7, 2021

How can I get a collection removed without paying?

There are 3 ways to remove collections without paying: 1) Write and mail a Goodwill letter asking for forgiveness, 2) study the FCRA and FDCPA and craft dispute letters to challenge the collection, and 3) Have a collections removal expert delete it for you.Apr 11, 2022

What federal agency helps protect your credit rights?

The Bureau of Consumer Protection
The Bureau of Consumer Protection provides tips and advice about money and credit, homes and mortgages, health and fitness, jobs and making money, and privacy and identity.

2 attorney answers

You may want to speak with a consumer attorney that handles debt collection harassment and identity theft matters. You may be able to find one on AVVO or you may want to search the Member Directory for the National Association of Consumer Advocates, which is organized geographically by state. See link below. More

Gordon R. Leech

A civil litigator. Depending on the amount you are out hiring a lawyer may not be cost effective.

How to prevent credit card fraud?

Credit card fraud can be prevented by exercising some practical safety precautions. These include: 1 Don’t give out credit card or PIN number unless dealing with trustworthy business 2 Destroy receipts immediately or store them in a safe location 3 Never leave cards out in the open 4 Don’t write PIN numbers and store them in your wallet 5 Enroll in Online Statements that allow you to view charges instantly online

How can credit card fraud be prevented?

Credit card fraud can be prevented by exercising some practical safety precautions. These include: Don’t give out credit card or PIN number unless dealing with trustworthy business. Destroy receipts immediately or store them in a safe location. Never leave cards out in the open.

What is the maximum liability for lost credit card?

Your local Consumer Protection Agency. Under federal law, the maximum liability of card holders for lost or stolen credit cards is $50 upon reporting.

What can an experienced criminal attorney do?

An experienced criminal attorney can help to assist you in dealing with credit card fraud. In addition, an attorney can help you to bring a cause of action against any individual found that used your credit card.

Why is it important to get credit reports?

An important step is to regularly obtain credit reports. Credit reports help you to determine what outstanding loans and obligations are under your name.

What to do if credit reporting company does not respond?

If they do not respond or fail to resolve the issue, the Federal Trade Commission says you must contact The Consumer Financial Protection Bureau online at www.consumerfinance.gov or toll free at 855-411-2372. If the company or credit reporting company at fault will not correct the problem, and the CFPB isn’t helpful, you can sue.

What do you do if you have a credit report issue?

Regardless of whether the issue originated with a mistake by a lender or by a credit reporting company, you need to start by addressing the issue with the credit reporting agency.

What can you expect to receive if you win a FCRA case?

If you win your case, what can you expect to receive? Under the FCRA, you can sue for statutory damages of $100 to $1,000 per violation, plus punitive, actual and emotional damages.

What to do if you have no luck getting your problem corrected?

If you have had no luck getting your problem corrected and can answer yes to these questions, it may be time to seek out a lawyer specializing in consumer issues.

Is a good credit standing a valuable asset?

According to a Fox Business article published just more than a year ago, “While holding others accountable for inaccurate and costly credit hits is a relatively recent legal phenomenon, courts are beginning to recognize that a good credit standing is a valuable asset, and someone who devalues that asset should be made to pay.”

Can an attorney help you in a lawsuit?

While only an attorney can help you truly evaluate your options, according to Fox Business, you are more likely to succeed in a lawsuit if you can answer yes to these questions:

Can you sue a lender for a credit report error?

Once you have received it, you have to dispute the error with the credit reporting agencies even if it’s the lender’s fault, Howard said. If you don’t follow this protocol, the Fair Credit Reporting Act doesn’t allow you to sue.

What happens if you ruin your credit?

For instance, if “ruined credit causes someone not to get a job or not to get another loan, then they may have a cause of action against their bank for ‘interference of contract’ or ‘interference of business relations,'” Doucet said. “They might also have a claim under state law consumer protection statutes.”

What happens if your credit card is destroyed?

If your credit has been destroyed and you think your bank or credit card issuer is to blame, you may, in fact, have some legal recourse. But you’ve got some work to do leading up to your day in court.

What is the Fair Credit Reporting Act?

The Fair Credit Reporting Act (FCRA) requires financial institutions (and other data furnishers) to provide fair and accurate information to the credit reporting agencies. So if there’s an error (or errors) on your credit reports that’s severely damaging your score, and the issuer continues to report it, you could file a suit — after you’ve clued in the credit bureaus and given the financial institution a chance to conduct a reasonable investigation.

Can you file a defamation claim for false credit?

That said, courts generally don’t permit people to file defamation claims for false credit reporting. “Most courts have determined that the information in a credit report is not sufficiently ‘public’ to trigger that kind of violation,” Doucet said. YouTube.

Can a credit repair company help you?

A reputable credit repair company, for instance, will be upfront about exactly how it can and cannot help you and won’t promise a specific improvement to your credit score (that’s illegal). You could also consult a consumer attorney about a potential claim. You can go here to learn more generally about fixing your credit.

What law firm can help you if you don't have time?

If you don't have time, Lexington Law can help get you started!

How to dispute a credit report?

Begin by challenging the information with the credit bureau. False information hits credit reports for a variety of reasons, including misunderstandings and honest mistakes such as clerical errors. When you sent a credit dispute letter, the bureau must investigate and respond within a time frame dictated by the regulation.

How to get a claim removed from credit report?

You may want to consult a consumer attorney about whether you have a claim. You could try disputing the issue with the credit bureaus to get it removed from your credit reports. You can provide proof of payment as documentation. More info here: https://www.credit.com/cred...

What is the Fair Credit Report Act?

A few of the laws that might come into play are as follows: The Fair Credit Report Act ensures your right to an accurate consumer credit profile. It obligates companies to report truthful information on your credit report. It also provides some ways you can challenge information you think is inaccurate.

What is the Truth in Lending Act?

The Truth in Lending Act is part of the Consumer Credit Protection Act. This law deals with what information lenders must disclose, how they can advertise their products and rates and what rights you have when a lender isn’t truthful or transparent. Credit law can be complex.

What is the Fair Debt Collections Practices Act?

The Fair Debt Collections Practices Act also helps ensure creditors are honest when reporting or collecting debts. Additionally, it prohibits collectors from engaging in harassing or abusive behavior to collect a debt, including contacting you excessively or at inappropriate times.

Why do corporations change their name to Gambini's and Caruso's?

Corporations, some landlords and etc just need to change their name to Gambini's and Caruso's as they tend to follow the example set by politicians.In other words, you are dealing with mafia crime families.

Who is the plaintiff in a credit card lawsuit?

The suing party (plaintiff) should be the credit card company or place where you have a bank account (or a company that has purchased outstanding debt that originally belonged to one of these entities). The party being sued (defendant) should be you or a co-signer of the account. If you have no idea who the plaintiff is (unless the plaintiff is a debt buyer of your original debt, as explained above), the situation could be a case of:

What to do if you can't afford a lawyer?

If you can't afford a lawyer, you may be able to get free legal help from a local legal aid society , the American Bar Association ( ABA) or the National Association of Consumer Advocates ( NACA ). You’d only be responsible for minimal court costs like filing fees.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

What to do if you are in a bad financial position?

If you're in an overall bad financial position, you could consider bankruptcy for more general debt relief.

What happens in an asset case?

In an asset case, usually only credit card debts listed on the petition will have been discharged.

What is identity theft?

Identity theft or credit card fraud: You didn’t make or consent to the purchases.

Do credit card companies have to prove you owe them money?

Even if you think that you legitimately owe the creditor money, you should still make credit card companies prove that you owe the exact dollar amount they’re claiming. This is called their “burden of proof” and it’s a tough requirement to meet. Most times, their claims are baseless or they’re unprepared to prove their court case.

What happens if your credit is damaged?

If your credit has been damaged and it isn't your fault, you may be able to sue -- and possibly collect a large settlement.

What is the third loss of credit?

The third is loss of credit expectancy. "Let's say someone's going along and is accustomed to being able to walk into a car dealership or a mortgage company and apply for a loan and walk out with whatever they were applying for," Finder says. "Let's say that's taken away, they get turned down because their credit reputation has changed. After getting turned down a few times, they stop applying. That's loss of credit expectancy."

What is compensable loss from credit damage?

The first is increased out-of-pocket expenses, such as when Sporn had to pay a higher interest rate. The second is loss of credit capacity, such as when a card issuer lowers your limit or cancels an unused card because your credit rating has been reduced.

What happens if you are laid up because of someone else's fault?

For example, if you're laid up because of an accident that is someone else's fault, are unable to work and pay your bills and, as a result, your debts go unpaid and your credit suffers -- damages for that lost credit can and should be added to whatever compensation you're suing for, Finder says. "In that case, it has to be clearly established that, but for this collision, the economic damage wouldn't have happened," he adds. "The key to compensation is the cause of action."

Can you prove someone has damaged your credit?

It's hard to prove someone has meaningfully damaged your credit if you've already dinged it yourself. "If I ask what happened to get to this point, and the client says, 'I was late by two mortgage payments,' it can be hard to win a case like that," Koenig says. "It doesn't disqualify you, but it can make the damages so low that they aren't worth pursuing.

Will every judge in every court recognize all these types of harm and award you damages?

Will every judge in every court recognize all these types of harm and award you damages? No, but more are taking loss of credit seriously. "In several states, there are cases where the court has said that the mere loss of credit is sufficient to warrant compensation," Koenig notes.

Is it bad to call a lawyer and say "Hey, do I qualify"?

But if you think you might have a case, Koenig advises, "There's never any harm in calling a lawyer and saying, 'Hey, do I qualify?' These cases are rare, but it's a good thing if you can get it."