what lawyer do you call against the credit card company

A credit lawyer—also called a credit repair lawyer—is an attorney that’s qualified to help you repair your credit and fight debt collectors. There’s actually no such thing as a credit lawyer. Not for the legal industry anyway.

Full Answer

Should I hire a lawyer for a credit card lawsuit?

If your credit card company sues you, you’ll need to decide if it is worth paying for an attorney to help you. In many cases, it is. An attorney can help you raise any defenses you have, negotiate with the creditor to settle the debt, or simply inform you of your rights and responsibilities in the matter.

What is a credit Lawyer called?

While the legal industry recognizes “personal injury lawyers” and “bankruptcy lawyers,” it doesn’t recognize the term “credit lawyer.” Everyday people though, do use the term credit lawyer to describe an attorney who focuses on credit repair.

What are some defenses to credit card lawsuits?

Here are some common affirmative defenses to credit card lawsuits: Statute of limitations—the debt is too old for a lawsuit. The statute of limitations is an affirmative defense where you argue that the debt collector can't sue you because of the age of the debt.

How can a credit lawyer help with bad credit?

This can include negotiating with credit reporting agencies. These negotiations can also pave the way for errors and other negative items to be taken off, so if you’ve had late payments in the past, a foreclosure or a car repossession, there may be ways for the credit lawyer to have these removed.

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 does it mean to work for a credit lawyer?

A credit lawyer or law firm works for you, which means that you get individual time with your attorney and the attention you need to improve your credit.

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 ...

What to do if you have multiple errors?

If you have a single error or just a few errors, disputing errors yourself is a good route to take. If you have multiple errors or negative marks you want to go away sooner than later, a credit repair service or credit lawyer may be a better option.

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 does it mean to repair your credit?

What they care about is you making your payments. Repairing your credit requires getting errors and negative items removed from your credit file. Those negative items can include missed a history of missed payments, debt collections, repossessions, tax liens and judgments.

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.

Can a lawyer negotiate a settlement with creditors?

In addition, the lawyer can also negotiate what is known as settlement amounts with the creditors. So, you owe a large amount, your credit lawyer may be able to get it significantly reduced. Lastly, the lawyer can represent you in a court of law if a credit bureau decides to file a suit against you. :

Which credit card companies don't require arbitration?

Pick a card that doesn’t require arbitration. Chase, Bank of America, and Capital One were some of the major credit card companies that don’t require a mandatory arbitration clause be signed. Opt out of arbitration early in the contract.

How many credit card companies have arbitration clauses?

Creditcards.com studied 30 major credit card companies and discovered that only nine have those mandatory arbitration clauses in their contracts, and the other 21 have no mandatory arbitration clauses or provide consumers the chance to opt out within a set time frame.

What happens if you keep a balance on your credit card?

If you maintain a balance on your account, you may be paying an extremely high rate of interest. In addition to charging high interest rates, sometimes unexpectedly, some credit card companies implement other unfair consumer practices, which can leave consumers owing thousands of dollars that may take years, or even decades, to pay down.

Can an attorney evaluate a lawsuit?

However, if you strongly feel the injustice you suffered warrants a lawsuit, an attorney who handles these types of cases can evaluate the details of your claim and advise you of your chances of being successful with legal action.

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 respond to a credit card lawsuit?

Talk to an Attorney. If you need help responding to a lawsuit for nonpayment of a credit card debt, consider hiring a lawyer . But keep this in mind: If it costs more to hire a lawyer than what the creditor seeks in the lawsuit, it might not make sense to seek attorney assistance. Talk to a Lawyer.

What happens if you don't defend against a credit card company?

If you don't defend against the suit, you will automatically be held legally liable for the full amount stated in the lawsuit.

How do credit card companies minimize losses?

Before you get sued, credit card companies typically try to minimize their losses by selling the debt to a debt collector. That debt collector becomes the legal owner of the debt and possesses most of the same rights the original creditor possessed.

What happens if you are delinquent on credit card payments?

If you're delinquent on your credit card payments, the credit card company or a debt collector hired by the credit card company might sue you to recover the money you owe.

What happens if you stop paying your credit card?

If you fall behind on your credit card payments —or stop paying altogether—your credit card company has a right to file a lawsuit against you.

What is a complaint filed by a credit card company?

The Credit Card Company Files a Complaint. The credit card company typically files a document called a "complaint" to begin a lawsuit against you . The complaint lays out how much you owe and why the credit card company thinks you owe it.

What is the age limit for a creditor to deliver a copy of a lawsuit?

Proper service usually occurs when the creditor's agent personally delivers to you a copy of the lawsuit or leaves it with someone, usually over the age of 15 , at your residence. Examples of invalid service are where the credit card company simply leaves it with a neighbor or just drops it at your doorstep.

Who has the power to make sure financial firms respond to customers and impose fines on companies that break consumer protection laws

The CFPB will have the power to make sure financial firms respond to customers and impose fines on companies that break consumer-protection laws, says Bill Hardekopf, CEO of LowCards.com and author of The Credit Card Guidebook.

How long does it take to file a complaint with the BBB?

The BBB will send your complaint to the company within two business days, and the company will have 14 days to respond -- or it will be contacted by the BBB again. According to the BBB, more than 70% of complaints are resolved. Treasury Department's Office of the Comptroller ...

Can a company respond to a complaint?

Although it can't force a company to respond to your complaint, your state attorney general's office can refer you to government agencies that can help address the problem. If other consumers complain about the company, the attorney general may seek legal action on behalf of the state.

Can you file a complaint against the Federal Reserve?

Federal Reserve. You can file a complaint with the Federal Reserve if think your bank has been unfair or misleading, has discriminated against you or violated a consumer protection law. If the bank is one that the Federal Reserve supervises, one of the 12 regional Federal Reserve banks will investigate it. Otherwise, the Federal Reserve will ...

Do You Recognize The Debt?

The debt in question may not be yours. Credit card companies generally don’t want to take legal action unless you’ve made zero payments for about six months and ignored their calls. A lawsuit is a last resort.

Is This An Old Debt?

After making sure that the debt in question is yours, check to see if it's "time-barred” or too late to sue you. Credit card companies only have a certain amount of time to bring a case in civil court. Depending on state law, this can range between 2–6 years. You’ll want to check your local rules to see what statute of limitations applies.

Other Important Questions To Ask Yourself About The Debt

Did a debt collector harass you while trying to collect this debt? The Fair Debt Collection Practices Act (FDCPA) forbids lenders and creditors from engaging in fraudulent and deceptive behavior. They also can’t harass you by:

Have You Filed For Bankruptcy Since You Had This Credit Card?

Credit card debts are discharged at the end of Chapter 7 bankruptcy proceedings. In “no-asset” cases, the trustee cannot take any assets because they’re “exempted” under state law. In cases of non-exempt assets, some of your property can be sold to pay creditors. However, this scenario is rare.

Steps To Winning The Lawsuit

After you've considered the facts and know your defenses, find what type of court will be evaluating your answer or response to the complaint brought against you. In some states, for lower-level small claims courts, checking a box admitting or denying the claim may work for an answer.