Creditwrench teaches the secrets of the debt collection industry and how to defeat their abusive practices without lawyers. We know how to win!
Wednesday, February 06, 2008
Sued by a credit card company
Subject: being sued by credit card company
Question: I have been sued by a credit card company. I have a court hearing in March. I understand that if I don't show up, the judge will decide in their favor. I live in Texas. My question is, can my wages be garnished? I know that I can't go to jail. But should I show up? I don't want to walk in without being prepared. What am I up against? What is a default judgement? How will this affect me?

Answer: You must provide a response to the summons within the period of time specified in the summons. If you fail to do that a judgment will be entered against you and the next step will be to garnish whatever assets they can find including any money in bank accounts. They cannot easily garnish wages in Texas.

Default judgment is what they get when you don't show up for court or fail to respond to the summons in writing. While the forms you need to prepare and file with the court are not difficult to prepare once you know how to do it you do have to either learn how to do it yourself or hire an attorney to do it for you.

Are you sure you are being sued by a credit card company or is it in reality that you are being sued by a debt collector? It is often tough to tell who it is that is actually the real party of first interest in the case.

Affidavits are a good clue as to who is filing suit against you. You not only need to learn who the plaintiff actually is if possible but you need to learn what violations of federal law have been committed by the plaintiff and/or their attorney. Often the real plaintiff is actually a debt collector and not the credit card company. Debt collectors often use affidavits to back up their case and those affidavits usually contain false and misleading information.

You also need to learn about demand for validation and how to dispute. There are lots of things you need to learn. Once you have all their violations down you can file a federal lawsuit against them and that is about the only chance most people have of getting a favorable settlement of the situation.

I know that the thought of going to federal court is as scary as even going to a local court but the truth is that it isn't difficult and you probably won't ever see the inside of a federal court room or have to argue before a court. Most things in federal courts are handled by mail or on the internet.

A little learning is all it takes. You can count on the fact that you will probably lose in local court and get a judgment against you. That is because the only question before the court is whether you owe the debt or not but the whole thing changes when you take them to federal court because the fact of whether you owe money or not or even whether they have a judgment or not makes no difference because when you become the plaintiff in a federal court the only question before the court is whether or not they broke the law.

It is always far better to be the plaintiff in a federal case then it is to be a defendant in any court.

In order to win you have to be proactive. You have to know the steps to take and how to prepare the paperwork. That takes experience and knowledge of the law. Our years of experience coupled with years of experience in debt collection cases gives us the knowledge and experience to teach you how to do what needs to be done.

If you are being threatened by debt collectors give us a call at 405-684-9297 or 405-227-9423 and start learning how to be a winner.
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