Credit Card Debt Lawsuit Help

You can represent yourself in a credit card lawsuit -- but don't expect any miracles. Illinois Legal Aid reports that you are sure to lose in court if the attorney for the credit card company proves you legally owe the debt. That could lead to your wages and bank account being garnished, according to The New York Times. However, understanding the legal process can help you reach a settlement with the card company and avoid a trial.

Identification

A "pro se" defendant (pronounced "pro-say") is a person representing himself without the official aid of an attorney, according to Illinois Legal Aid. You also have the right to hire an attorney to represent you in a credit card debt lawsuit.

Process

A credit card debt lawsuit begins when the attorney for the card company or debt collector files a legal document called a complaint. The complaint is filed with a court in your county and you are notified through the delivery of a summons. A summons is a written notification of the lawsuit and is usually hand-delivered to your home or place of business. The complaint, which is the actual lawsuit, is attached.

Time Frame

The summons contains important information about responding to the lawsuit. State laws vary, but usually you are required to provide a written response to the lawsuit within a certain period of time. The Judicial Branch of Georgia reports that you will automatically lose the lawsuit if you fail to respond -- typically within 20 to 30 days of being served with the summons.

Expert Insight

Your written response to the lawsuit is called an "answer," according to the Atlanta Legal Aid Society. It must be filed in person with the clerk of court, with a copy mailed to the attorney for the credit card company. The lawsuit will include a series of numbered allegations, such as the date you opened the account and the date you stopped making payments. The Minnesota Judicial Branch reports that you can include any information you wish in response to each allegation. You could simply deny that the allegations are true and force the attorney for the credit card company to prove the case by presenting official documents in court, such as credit card charge slips signed by you.

Prevention/Solution

Avoid a trial by settling the debt for less than the full amount owed. The SmartMoney website reports that attorneys representing credit card companies and debt collectors will often settle for 20 to 75 percent of the balance.

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