How to Fight a Credit Card Lawsuit
Upon receiving a summons or notice that a credit card company has filed a lawsuit against you, review the documents carefully and file your paperwork by the date identified in your state's statutes. If the response date is not listed in the summons and petition, contact the clerk of the court or a private attorney to learn how long you have to answer the creditor's complaint. If you are responsible for the debts listed in the lawsuit but cannot pay them, consider talking to a bankruptcy attorney to assist you in negotiating a settlement.
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Instructions
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Submit a response to the credit card company's complaint. Your response to the complaint should identify why you deny the allegations and confirm or deny the facts that the credit card company submitted to the court.
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Back up your defenses with statutes, case law and specific facts. In addition to denying responsibility, state the legal grounds under which you are making your defense. The grounds must be specific to the jurisdiction that is hearing your case.
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Make a specific request for relief. At the end of your petition, list what actions you would like the judge to take to resolve the matter. If you have paid off the debt in full or did not incur the charges listed in the petition, for example, you might ask the court to dismiss the case.
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Provide written evidence to back up your claims. To prove that you are not responsible for the credit card debt's listed in the petition, provide the court with copies of canceled checks, bank statements, correspondence from the creditor or proof that the account was opened under your name without your consent.
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File your documents with the court. Once you have prepared your answer and compiled evidence to support your assertions, file the original documents with the office of the clerk of the court and serve a copy on the credit card company that filed the lawsuit.
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Attend the hearing. After you have filed your paperwork with the clerk, the court will assign you a hearing date. At the hearing, you will have the opportunity to present evidence to rebut the claims of the credit card company.
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Tips & Warnings
To protect your rights, consult with an attorney prior to submitting your paperwork to the court.
The exact process for fighting a credit card lawsuit varies by state.
